3.6 proposed extension of existing use (equestrian

Ordinary Meeting of Council 1 September 2010

3.6 PROPOSED EXTENSION OF EXISTING USE (EQUESTRIAN FACILITY) - LOT 97 (NO. 62) PARK STREET, HENLEY BROOK

(Swan Valley/Gidgegannup Ward) (Statutory Planning)

KEY ISSUES

• The applicants currently have planning approval to run an equestrian facility, consisting of a riding school and agistment centre (“Oriel Park”) at Lot 97 (No. 62) Park Street, Henley Brook.

• They are currently seeking approval to expand their activities as follows:

− Increase the number of horses on the property from 20 to 25 (being 18 horses and 7 ponies).

− Operate a “lease program” allowing 13 horses to be leased to students, who will visit the property to care for and ride these horses on Wednesdays, Fridays and Sundays during normal operating hours (9am – 6pm). In practice, as most lease clients would be school children, it is expected that during the week, this activity would mostly occur after school hours.

− Lessons to be provided to these lease clients on Wednesdays (2 x 1 hour lessons from 4pm to 6 pm).

− An increase in the maximum number of riders permitted in each class, from 6 to 8, for their existing approved lessons (6 hours per day on Tuesdays, Thursdays and Saturdays, 9am - 12pm and 3pm – 6pm).

− Provide coaching classes on Wednesday evenings (4pm – 6pm and 6.30pm - 8.30 pm). When natural lighting is not adequate, these will be held under floodlights in the arenas.

− Operate day riding camps for children in the January school holidays (3 weeks in January, 5 days per week, from 9am – 5pm)

− Provide additional parking areas on the property.

• The subject lot is zoned “Rural Residential” under the City’s Local Planning Scheme 17 (LPS 17). The proposal falls under the Scheme’s definition of an “Equestrian Facility”. The proposal requires advertising under Clause 4.3 of LPS 17 (the zoning table).

• The proposal was initially advertised to surrounding landowners in April 2009, and a number of objections were received and planning issues raised. In response, the proponents modified the proposal, which was then re-advertised to surrounding landowners in March 2010. Objections received cited grounds for objection including:

− Impact on quiet rural residential lifestyle and neighbourhood amenity, due to:


Noise Impact on privacy of adjoining properties Hours of operation Dust, flies, smell, vermin Traffic issues – volume of traffic, potential for banked up traffic due to

inadequate access Design of parking area and accessway, and impact on the amenity of

adjoining neighbours at 78 Park St Scale of the existing and proposed operations Increased number of horses

• These are valid planning considerations. It is considered that the proposal can be

approved, subject to conditions to manage the impacts on amenity of surrounding properties. These include:

− Relocation of the parking area and main accessway so that it is a minimum of 20m from the western boundary (a detailed plan to be drawn to the satisfaction of the City). The accessway is to provide 2 way vehicle access.

− Implementation of the landscaping plan submitted, to the satisfaction of the City, to provide adequate visual screening and dust barrier to surrounding properties.

− Compliance with the updated Property Management Plan (prepared in 2006, amended in 2009).

• The proposal was put to the Swan Valley Planning Committee (SVPC) at their meeting of 28 June 2010. The SVPC resolved to support the proposal subject to conditions as above, specifying particularly that vegetative screening was required on the western boundary.

• There is evidently considerable demand for riding lessons, of the type offered by this riding school, as evidenced by a large number of submissions from current clients of the school; some provided with the application, and some in response to the public advertising period. In addition, the City’s Business Development and Tourism section has stated that it supports the business aspect of the application. They have commented that the proposed expansion of activities fits in with the Swan Valley Place Plan’s objective of “improving bridle trails and other equestrian interests” and also fills a gap in the Swan Valley equine industry in the education field, identified by the Swan Valley Economic Study 2010.

It is recommended that Council resolve to approve the proposal, subject to the stated conditions.

AUTHORITY/DISCRETION

In accordance with Clause 8.1 of the City’s Local Planning Scheme No. 17 (LPS 17), the approval of the City is required prior to the commencement of the development.

Clause 10.2 of LPS 17 details the matters that Local Government shall have due regard to when considering an application for planning approval.


Clause 10.3 of LPS 17 states that in determining the application, the Council may resolve to approve (with or without conditions) or refuse the application.

BACKGROUND

Applicant: Jason & Alisa Dodds Owner: Mr Jason Dodds and Mr Anthony James Robinson and

Mrs Alisa Gemma Dodds Zoning: TPS - Rural Residential MRS - Rural Strategy/Policy: Local Planning Scheme 17

Swan Valley Planning Act (1995) Development Scheme: NA Existing Land Use: Equestrian Facility (Agistment Centre and Riding

School) Lot Size: 38,470 m2 Area: Henley Brook Use Class: “A”

DETAILS OF THE PROPOSAL

The applicants are seeking approval to expand their current activities as follows:

The applicant is looking to increase the number of horses kept on the property from 20 to 25 (being 18 horses and 7 ponies) and to increase the nature of operations by providing for:

• 13 horses to be leased to students who will visit the property to ride and care for those horses on Wednesdays, Fridays and Sundays between 9 am and 6pm. In practice, as the majority of clients are school students, on Wednesdays and Fridays it is expected that most clients would visit after school hours, between 4pm and 6pm.

• Lessons to be provided to these lease clients on Wednesdays (2 x 1 hour lessons between 4-6 pm).

• An increase in the maximum number of riders permitted in each class, from 6 to 8, for their existing approved riding lessons (6 hours per day being Tuesdays, Thursdays and Saturdays 9am-12pm and 3pm-6pm).

• The provision of additional parking areas on the property.

• To provide coaching classes on Wednesday evenings (4pm-6pm and 6.30pm to 8.30pm).

• To operate day riding camps for children in the January school holidays (5 days from 9am to 5pm), with a maximum of 10 children per camp.

Below is a table summarising the riding school’s current approved activities (as per DA 314-06, approved 6.9.06) and what is comprised in the current proposal.


Current Approval Proposed

“Keeping of 20 horses, Agistment Centre and Riding School”

Approved by Council 6.9.2006

“Proposed Extension of Use – Equestrian Facility”

Number of horses

20 horses (mostly in stables, subject to practices in Property Management Plan)

25 horses, comprising 18 horses and 7 ponies (mostly in stables, subject to practices in Property Management Plan)

Riding lessons – days/times

Limited to 3 days per week, 6 hours per day between the hours of 9am – 12pm and 2pm-6pm. Maximum number of students having lessons at any one time = 6 (including both students in group lessons, and private 1-on-1 lessons).

Increase maximum number of students having lessons at any one time to 8.

Hours / times of lessons to remain the same, except that in extremely hot weather (forecast for 36ºC and above), hours may be varied to start earlier and finish later (no earlier than 7am or later than 7pm).

Coaching lessons - Providing coaching classes on Wednesday evenings (4pm – 6pm and 6.30-8.30 pm), to adults who wish to gain qualifications in coaching horse riding.

Generally each lesson would comprise one practice coach, one assessing coach, and up to 4 practice riders being coached. There may be additional coaches watching the sessions (up to 4). Lessons are generally 30 mins long.

Lessons would generally be held in the arenas (under floodlights) but other areas could be used as natural light permits. Some lessons would involve theory only, and would be held in the stables.

“Lease Horse” Program and lessons

- 13 horses belonging to the school to be available for lease by students who will visit the property to ride and care for those horses on Wednesdays, Fridays and Sundays, between


9am and 6pm. In practice, most clients would visit on Wednesdays and Fridays after school hours (4pm – 6pm).

Lessons to be provided to these lease clients on Wednesdays (2 x 1 hour lessons between 4-6 pm)

School Holiday Riding Camps

- To operate day riding camps for children for 3 weeks in the January school holidays (Mon-Fri from 9am to 5pm). Maximum number of children at any one camp = 10. Riding activities up to 4 hours per day, with other activities not involving riding.

No other lessons will be held in weeks when school camps are operating.

Agistment Permitted

(Exact details of agistment activities not noted)

Permitted

(Agistment clients can access the property 7 days per week, 7am-7pm. Earlier or later – in the event of taking horses to shows etc – by arrangement).

Parking Parking for 6 cars required to be provided

Parking for at least 22 cars and 4 floats to be provided

The school currently employs 13 staff (not including the owners), including instructors, stable hands and office staff, many of whom are part-time or casual workers. The maximum number of staff on the property at any one time is 5 or 6.

In addition to the horses kept on the property, there are a handful of students (4 altogether) who bring their horses to the property for lessons. They are on site for no more than 1 ½ hours.

It is noted that the proposed increase in activity on the property is substantial. When broken down into participant-hours (i.e. one riding school participant spending one hour on the property in an organised activity), the breakdown is:

Current Approval Proposed

Standard Lessons

3 days/week, x 6 hours/day, x max of 6 riders per class, x 52 weeks / year

= 5,616 participant hours per

3 days/week, x 6 hours/day, x 8 riders/class, x 49 weeks/year

= 7,056 participant hours per year


year

Lease Horse Lessons

- 13 horses x 1 hour/week x 49 weeks/year

= 637 participant hours per year

Coaching lessons - 6 people x 2 hours/week x 49 weeks/year

= 588 participant hours per year

School holiday camps

- 8 hours /day x 3 weeks x 5 days x 10 participants

=1,200 participant hours per year

Total potential participant hours / year

5, 616 9,481

(An increase in activity of 69%. Note that this doesn’t include lease or agistment clients visiting their horses).

Agistment Not specified Not specified

NB. Lease clients may also visit the property on Wednesdays, Fridays and Saturdays.

The applicants have requested that, should Council not grant approval to the entire proposal, at least approval be given to the proposed additional car parking area and driveway. This is because the current approved parking area has proved inadequate to service their current approved activities.

DESCRIPTION OF SITE

The subject lot is a rural residential property of around 3.84 ha, which is located among other rural residential properties of a similar size on the north side of Park St. On the south side of the street, there are rural residential properties which are generally smaller (around 2 ha). The topography is generally level. There are no waterways on the subject property, although a waterway runs across the three adjacent lots to the east.

Many of the surrounding properties, including those immediately adjoining the lot at the rear, are “horse properties”, with horse paddocks, stables, trotting tracks and exercise yards evident. A bridle trail commences at the end of Ferntree Place, within a kilometre of the subject property. A number of other nearby residential properties show no signs of horses being kept. A battery chicken farm is located at 44 Park St, two doors down from the subject lot.


The property comprises an existing residence, approximately 2.74 hectares of paddocks, a large stable facility, a number of round yards and an unsealed parking area which is accessed off a driveway that runs along the western side boundary.

SITE HISTORY/PREVIOUS APPROVALS

Development Approvals

4873-1988 2nd Residence Approved 11.1.89

5058-1989 Shed Approved 23.3.89

314-2006 Keeping of Horses, Agistment Centre & Riding School Approved by Council

6.9.2006

574-2007 Entry Statement Approved 24.1.2008

752-2007 Signage Approved 8.1.2008

190-2008 Stables Cancelled by applicant 16.3.2010

605-2008 Current application

Building Licences

606-1989 2nd Residence Further information requested

658-1989 Shed Fees Raised

776-2008 Stables Cancelled

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

DA 314-2006, the original application for a riding school and agistment centre on the subject lot, was approved by Council on 6 September 2006, subject to the following conditions:

• The applicant to comply with the Property Management Plan which forms part of this approval

• Riding lessons are limited to 3 days per week / 6 hours per day unless otherwise approved by Council

• The applicant to ensure that the keeping of horses and the operation of the riding school does not cause a dust nuisance to neighbours

• A parking area accommodating 6 vehicles is to be provided in the location indicated on the approved plan.


APPLICANT'S SUBMISSION

Oriel Park Equestrian Centre has a number of clients who live within the shire and this number is increasing as an awareness of our presence in the shire grows. We are the only riding school in the Swan Valley and we are proud of providing a facility in which all ages can come and learn to ride with fully qualified instructors and safe, quiet, well educated horses to ride on.

Oriel Park is one of the finest, best equipped equestrian centres that you will find. We are gaining a reputation for being one of the best around with a number of enquires coming from word of mouth. Alisa is a highly accredited coach in this state having AHRC level 2, EFA level 1 General and accredited state assessor for the AHRC instructor course. She is also currently completing her EFA level 2 dressage specialist course which will also allow her to become a coach educator for the EFA system. Constantly upgrading and bettering our coaching skills is something we instil in all our staff so that clientele are receiving the best. All of our staff are qualified; have working with children checks and first aid. Our school horses and ponies reflect our staff’s attention to detail and good horse management practises.

Alisa has over 12 years experience in managing riding schools of similar size and her reputation for managing pastures, caring for horses, successfully running a business as well as her qualifications as a teacher ensure her reputation for being one of the best is well justified. Our goal is to continue to improve the property and the business to make it the best equestrian centre in the state. We have the facilities, the staff, the horses and the experience to make it happen and in our opinion in the most suitable location.

In a largely technological world our children need outlets where they are supported, encouraged and able to develop life skills, such as responsibility, empathy, hard work and the ability to work in a team or as an individual in an equestrian rural environment. Oriel Park provides this outlet which would be increased by the support and approval for the summer camps and lease program.

We would encourage you to look again at our responses to all objections put to us as we feel we have successfully answered them with logic and common sense. To be honest we have questioned the legitimacy of some of the objections. We understand that screening our activities on the western & southern boundaries will not only increase the aesthetics but also act as a barrier to prevent visual impact, which is the reason we have substantial plantings in place, some have been in situ for almost 3 years. The repositioning of the entry/exit driveway as well as the new car park location away from the Western boundary (as per the shire’s recommendation) will also eliminate objections.

We are confident that the increase of traffic that has taken place since the erection of advertising signs located on Lord St & West Swan Rd for the new housing development on Park St has superseded any impact that our application will have on the community, let alone the impact the new development will have when construction commences.

In summary we hope that a favourable and supportive view of our application will be taken as our business reflects a positive outdoor community activity that also generates complementary business support to other Swan Valley attractions.


PUBLIC CONSULTATION

The proposed expansion of use has been advertised twice. After a considerable number of objections were received to the original proposal, the applicants made some minor modifications, and the proposal was re-advertised.

The original proposal was advertised in April 2009, by mail out to property owners within a 200m radius of the property, for a period of 21 days. A total of 37 individual submissions were received, and a petition of objection with 38 signatories. The individual submissions can be summarised as follows:

• 22 submissions from people who lived outside Henley Brook, or who gave no address. These were all statements of no objection / support. Many were clients of the riding school.

• 7 submissions from Henley Brook residents who expressed no objection / support for the proposal.

• 8 submissions from Henley Brook residents objecting to the proposal (6 of these were from neighbours included in the original 200m mail out).

The objectors raised a number of issues, which were then discussed with the applicants. The applicants then revised their proposal, to reduce the number of students in each class, and to modify the driveway to allow 2 way vehicle access.

The modified proposal was then advertised to neighbours in March 2010, again by mail out to property owners within a 200m radius of the property, for a period of 21 days. It was clearly identified as a revised proposal requiring fresh comment, and the changes were outlined in a covering letter. 10 submissions were received, as follows:

• 8 objections (all from residents of Henley Brook)

• 2 non-objections (also from residents of Henley Brook)

The grounds for objection can be summarised as:

• Impact on quiet rural residential lifestyle and neighbourhood amenity, due to:

− Noise − Impact on privacy of adjoining properties − Hours of operation − Dust, flies, smell, vermin − Traffic issues – volume of traffic, potential for banked up traffic due to

inadequate access (existing driveway is only one lane) − Design of parking area and accessway, and impact on the amenity of adjoining

neighbours at 78 Park St − Horse riders riding on verges – safety issue, and verge maintenance issue − Scale of the existing and proposed operations − Increased number of horses − The property’s history of non-compliance with planning approval conditions − The existing development having been divisive between neighbours


These considerations are valid inputs into determination of the impact of the proposal against the planning objectives for the City’s Rural Residential zone and for the Swan Valley Planning Act Area A, namely rural character and amenity, compatibility with rural residential uses, appropriate siting and design of development therein and the avoidance of land degradation as a result of overstocking.

These issues are discussed as follows:

Stocking capacity and property management

By virtue of the fact that the proposed increase from 20 horses to a total of 25, consisting of 18 horses and 7 ponies, the stocking capacity is only marginally above that previously considered by the SVPC and approved by Council in 2006.

A 2009 annexure to the Property Management Plan prepared on behalf of the applicant by an environmental consultant in 2006 noted that the property’s existing 2.74 hectares of irrigated paddocks could support 25 horses on the basis that such horses are in paddocks only seven hours per day. This is what is proposed under the current application.

Adverse impacts from manure and urine (odour, flies and vermin) are mitigated by collection procedures, secure storage and general stable management practices of bedding replacement and washing out. The general standard of this existing facility to date would infer that the expansion in the scale of operations will be undertaken in a sound manner without odour, flies or vermin problems.

Noise, traffic, loss of privacy and lighting

It is noted that the City’s Vehicle Parking Standards do not specify a parking requirement for an “Equestrian Facility”, but it is acknowledged by the current applicant that their existing parking provision is inadequate even for current needs. The applicant has provided a traffic statement by Transcore which has calculated the estimated vehicle movements from the existing and proposed increases in lesson and agistment visitation. Vehicle movements on Tuesdays and Thursdays are 120 vehicles per day (vpd), increasing to 130vpd on Saturdays. All other times of operation as proposed will be substantially less and the peak movements identified above are within the design capacity of the road. Taking into account the staggered nature of operations, the report estimates that a maximum of 22 parking bays would be required at any one time, which is within the nominal 24 bays indicated onsite by the applicant.

Whilst the operations of the facility will need to comply with the Noise Regulations, there is the opportunity to ensure that the concerns of neighbours with respect to traffic accessing the site and loading and unloading of floats can be mitigated to a reasonable degree by ensuring that the parking area is removed from close proximity to the western side boundary. The applicant has now submitted an indicative parking plan, showing a relocated car parking area located 20 metres from the western boundary, and providing parking for 22 cars and 3 floats, as well as a driveway which offers two way vehicle access. The parking area will be screened from the front and side boundaries by existing plantings. The City’s engineers have approved the car parking layout in principle, although a detailed plan will be required as a condition of approval.


Whilst concerns were raised with the potential impact of light overspill associated with floodlighting for the Wednesday night time classes, this can be adequately addressed through standard conditions imposed by the City on any approval of this application.

The loss of privacy, as well as impact on visual amenity, for adjoining neighbours can be addressed through requiring adequate vegetation screening to be planted along side and front boundaries. The applicants have now submitted a landscaping plan which has been accepted by the City. It is recommended that this plan be required to be implemented, to the satisfaction of the City, as a condition of approval.

Other concerns

Several objectors cited horses being ridden on verges as a safety and/or verge maintenance issue. While this may affect local amenity, there are no local laws which would prohibit horses being ridden on Park St, and it is to be expected that in a rural area, there would be people riding along roads, particularly as there is a bridle trail starting less than a kilometre away.

It is acknowledged that the existing equestrian establishment has not always complied with its conditions of approval. It is considered that if the recommended conditions are complied with, the impacts on the amenity of neighbours should be adequately addressed. The City has the power to enforce conditions of approval.

“Divisiveness between neighbours” is not a relevant planning consideration, unless the proposal has a detrimental effect on the rural amenity of the locality.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

As the subject property falls within the area governed by the Swan Valley Planning Act (1995), the application was referred to the Swan Valley Planning Committee for comment.

At their meeting of 28 June 2010, the SVPC resolved to support the proposal subject to:

− The relocation of the parking area to minimise the impact on the visual amenity of the neighbour;

− Operating in accordance with the (updated) 2006 property management plan;

− Vegetative screening on the western boundary to protect the visual amenity of the neighbour.

REPORT

The proposal has been assessed against the relevant objectives from Local Planning Scheme 17, the Swan Valley Planning Act, and applicable policies, as follows:

Zoning, Land Use Classification and Permissibility


The subject lot is zoned “Rural Residential” under the City’s Local Planning Scheme No. 17. The existing riding school and agistment centre would be classified as an “Equestrian Facility” under the Scheme. As this is a use which requires advertising under the Scheme, any related proposal for an extension of use requires advertising to nearby landowners.

The objectives of the Rural Residential Zone are to:

a) Provide for low density residential development and associated rural-residential activities in comprehensively planned estates;

b) Recognise the environmental characteristics of the landscape, including landform, water resources, remnant vegetation and native fauna, and to ensure as far as practicable, that these characteristics are not compromised by development and use of the land;

c) Encourage the rehabilitation of degraded areas through selected replanting of indigenous flora, and the creation and enhancement of habitat for indigenous fauna.

The subject lot comprises paddocks and arenas, a residence, and stables, and has evidently been used as a “horse property” for many years. In common with the properties surrounding it, there is little or no remnant vegetation evident. Thus, the main environmental concerns with the use of the property are to ensure that development and use of the land is managed so as to minimise further impacts on the natural environment. The zone provides primarily for low density residential use, and any development needs to be compatible with that use. While horse riding would generally be considered as a typical “rural-residential” activity, a private commercial establishment of this nature has potential to impact on neighbouring residents.

The ways in which these impacts have been addressed is discussed above, under “Public Consultation”. It is considered that the property can be managed in a way which would be compatible with neighbouring residents, and with environmental values.

The property is also located in “Swan Valley Area A” as defined in the Swan Valley Planning Act (1995). The relevant planning objectives for this area are:

1. The maintenance of the rural character of the area.

2. The encouragement of viticulture, horticulture, hobby farming, and rural activities compatible with rural residential uses in the area.

3. Due consideration be given to building setbacks, retention of vegetation, suitable building materials and suitable boundary fencing in the design of rural residential developments.

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

It is considered that the proposed extension of use is consistent with these objectives. The Swan Valley Planning Committee, at its meeting of 28 June 2010, also resolved to support the proposal subject to conditions which would protect the amenity of neighbouring properties.


Policy Framework

A number of City policies are relevant to the application, as follows:

• Pol-C-090 – Keeping of Livestock

• Pol-TP-126 – Building and Development Standards (Rural Zones)

• Pol-TP-129 – Vehicle Parking Standards

It is considered that the proposal is consistent with the requirements of these policies:

• It is considered that the proposed keeping of livestock and extension of use will not have a significant negative impact on the natural environment, or the amenity of adjoining landowners, subject to the recommended conditions being imposed.

• Adequate parking is proposed, to cater to the extension of use.

Approval is recommended.

OPTIONS AND IMPLICATIONS

Option 1

The Council may resolve to approve the proposed Extension of Use (Equestrian Facility) as detailed above, and subject to the recommended conditions. This is recommended on the basis that:

• The property is generally a well run establishment and the recommended conditions should ensure that the impacts on adjoining and nearby properties will be effectively minimised. In the event of any breaches to the conditions of approval appropriate compliance actions will be initiated accordingly.

This is the preferred option.

Implications

This option would allow the current owners of the property to expand their existing operations in the manner detailed, while ameliorating the potential impacts on adjoining residential properties as far as possible.

Option 2

The Council may resolve to refuse the proposed Extension of Use (Equestrian Facility), but to approve the proposed new car park and accessway, as shown in the submitted indicative plans. This is not the preferred option, but is put forward as an intermediate option should the Council chose not to support the proposed Extension of Use.

Implications

This option would allow the current owners of the property to construct additional parking to serve their existing operations, as the current parking provision has proved inadequate. This would also ameliorate the current situation, where the main


accessway is along the western boundary, where it has noise and visual impact on the adjoining neighbours.

If aggrieved with Council’s decision, the applicant has the right of review to the State Administrative Tribunal within 28 days of the Council’s decision.

Option 3

The Council may resolve to refuse the proposed Extension of Use (Equestrian Facility) and to refuse the proposed new car park and accessway. This is on the basis that the proposed development, if approved, would have an unacceptable detrimental impact on the amenity and rural character of the locality.

Implications

This option would not allow the applicants to expand their existing business operations. They would be limited to operating within the scope of their current approval. Furthermore, the existing parking difficulties on the lot would not be improved.

If aggrieved with Council’s decision, the applicant has the right of review to the State Administrative Tribunal within 28 days of the Council’s decision.

CONCLUSION

The application requests development approval for an extension of use of the activities of the existing riding school and agistment centre, as detailed at the start of this report. The subject property is zoned Rural Residential under Local Planning Scheme 17, and an Equestrian Facility is an “A” use (a use which requires public advertising) under the Scheme.

The proposal was advertised to surrounding landowners and a number of objections were received, citing unacceptable impacts on their residential amenity, including noise, smell, dust, traffic issues, loss of privacy, impact on visual amenity, and the scale of the proposal. In particular, the immediately adjoining neighbours at 78 Park Street strongly objected to the proposed parking area near their boundary, and the increased use of the driveway which is along their boundary. However, it is considered that the potential for negative impact on the amenity of the neighbourhood can be addressed through the imposition of conditions which require, among other things:

• Relocation of the proposed parking area and main entrance driveway to around 20m from the western boundary, to allow adequate room for vegetation screening (a revised plan to be submitted and implemented to the satisfaction of the City)

• The applicants’ adherence to the updated Property Management Plan

• A landscaping plan to be prepared and implemented to the satisfaction of the City, to provide adequate visual screening to adjoining properties.

In considering this application, Council must have due regard to the amenity and rural character of this area and the impact that the proposal could have on the area.


Having considered all the matters presented, it is recommended that approval be granted subject to conditions.

ATTACHMENTS

• Locality Plan

• Site and landscaping plan

• Plan showing detail of proposed car park area and access (indicative)

• Elevation of floodlight

• Floor plan of existing stables

• Aerial photo

STRATEGIC IMPLICATIONS

Nil

STATUTORY ENVIRONMENT

Planning and Development Act (2005)

Local Planning Scheme No. 17

Swan Valley Planning Act (1995)

Pol-TP-126 – Building and Development Standards (Rural Zones)

Pol-TP-129 – Vehicle Parking Standards

Pol-C-090 – Keeping of Livestock

FINANCIAL IMPLICATIONS

Nil

RECOMMENDATION

That the Council resolve to:

(1) Grant approval to the proposed extension of existing use (Equestrian Facility) on Lot 97 No.62 Park Street, Henley Brook, subject to the following conditions:


1. This approval is for “Equestrian Facility” (includes: keeping of no more than 18 horses and 7 ponies; riding school; agistment centre) as defined in the City’s Local Planning Scheme No. 17 and the subject land shall not be used for any other use without the prior approval of the City.

2. The owners of Lot 97 Park Street shall maintain the property in accordance with the Property Management Plan, as follows:

• The Property Management Plan dated May 2006 which formed part of the submission for the application for “Keeping of Horses, Agistment Centre and Riding School”, approved by the City of Swan on 6 September 2006; and

• The update/annexure to the plan dated November 2009 and submitted as part of the current application;

as long as one or more horses are kept on the property.

3. The proposed car parking area and its public access driveway are to be located a minimum of 20m from the western boundary, as per the submitted indicative plan. A detailed plan for the relocated car park and driveway, professionally drafted and incorporating dimensions, proposed ground levels, and showing turning circles for float parking, designed in accordance with the City of Swan’s engineering specifications, shall be submitted by the applicant and approved by the City’s Principal Planner within 30 days from the date of this approval or prior to the commencement of any site works or commencement of extension of use. A current feature survey for the car parking area is to be submitted with the detailed car parking plan.

4. All pavements 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.

5. The car parking area will be required to be sealed and drained, to the satisfaction of the City of Swan.

6. Planting is to be implemented in accordance with the approved landscaping plan, to the satisfaction of the City of Swan, in order to provide visual screening and a dust barrier to neighbouring properties. Planting shall be carried out within 30 days from the date of this approval.

7. Teaching activities are limited to the following, unless otherwise approved by Council:

• General riding lessons: 3 days per week (Tuesdays, Thursdays and Saturdays), 6 hours per day, maximum of 8 students per class;

• Lessons for leased horse clients: 1 day per week (Wednesdays), 2 hours per day, maximum of 7 riders per class;


• Coaching lessons: 1 evening per week (Wednesdays), 2 hours per evening, maximum of 6 participants per class, to finish no later than 8.30 pm.

• School holiday camps: 3 weeks per year (in January only), from Monday – Friday, 9am – 5pm, maximum of 10 participants per camp.

8. Other approved activities associated with the maximum 25 horses on site comprise:

• A leased horse program which allows 13 riding school horses/ponies to be leased to clients. Such clients shall be able to visit the property to care for and ride their leased horses on Wednesdays, Fridays and Sundays between 9 am and 6 pm.

• Agistment of up to 12 horses/ponies at the property.

9. Lessons and other activities may be modified to start earlier and finish later (no earlier than 7am or later than 7pm) in the event of a weather forecast for 36º C or above.

10. This approval does not include approval for any overnight accommodation to be provided, during school holiday camps or otherwise.

11. Toilet and shower facilities shall be provided in accordance with the Building Code of Australia.

12. Stables and paddock holding yards shall comprise flooring with impervious concrete or compacted limestone to a minimum depth of 300mm.

13. The surface of the arenas on the property shall comprise a non-dust generating material (i.e. river sand, woodchips or a mixture thereof) at all times to the satisfaction of the City’s Principal Planner. The top layer of the surface shall be re-laid once a month or as required in order to prevent dust generation and movement, to the satisfaction of the City’s Principal Planner.

14. The applicant is to ensure that the keeping of horses and the operation of the riding school does not cause a dust nuisance to neighbours.

15. Floats and / or horse trucks are to be parked on the subject property in accordance with the approved plan.

16. Horses are to be loaded and unloaded from any floats and/or horse trucks from within the property. The loading and unloading of horses onto a float and/or horse truck is not permitted from Park Street.

17. Manure shall not be used as fertiliser during wet months and periods of heavy rainfall.

18. Arenas and yards shall be dampened down before use, to prevent dust drift, as and when necessary.


19. Floodlights shall not be illuminated after 8:30 pm, with all illumination being confined to the limits of the development or as otherwise approved by the City of Swan in writing.

20. Landscaping and maintenance of the verge is to be in accordance with the City of Swan’s Landscaping Guidelines, which are available on our website.

21. 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

a) “Equestrian Facility” means land and/or equipment used or intended to be used for private or commercial purposes for the training or exercising of horses or the training of riders, drivers or jockeys in the art of horsemanship or in the car of horses, and which may include as an incidental use, with the approval of the local government, the accommodation of patrons.

b) In regard to Condition 1, the approval is to keep 18 horses (over 14 hands) and 7 ponies (under 14 hands).

c) Provisions of the updated Property Management Plan (dated November 2009) include:

• Horses are to be stabled for approximately 16 hours per day in stables and small round shaped yards.

• Manure will be removed daily and disposed of by removal totally offsite, or composted in fully enclosed tumbler style compost bins and made use of in gardens.

• Urine spots in stables will be dug out fortnightly (or more often if necessary) and removed totally offsite, or composted in fully enclosed tumbler style compost bins and made use of in gardens, and then replaced with new clean bedding.

• Bedding will be coarse pine sawdust that is dust free, clean and easy to maintain.

d) In regard to Condition 6, the following amendments to the submitted landscaping plan are required and have been noted on the plan:

• Existing red gums on the eastern boundary less than 1m high are to be replaced with red gums of minimum 25L container size, or plant Grevillea Olivacea instead.

• Any existing red gums on the western boundary which do not survive are to be replaced with Grevillea Olivacea.

• The line of Ficus Benjamimus is to be extended northwards up to the next arena.


• Grevillea on the verge is to be kept trimmed to a maximum height of 500mm, to allow a clear view for traffic entering / exiting the property.

e) Take notice that it is the responsibility of the applicant to advise the landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Licence until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).

f) This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

g) Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

h) This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

MOTION that the Council resolve to:

1) Defer consideration of this matter pending a site inspection to be convened prior to the next Council meeting.

2) Record that the reason for changing the Recommendation is to enable a site meeting to be convened to allow elected members to discuss with stakeholders the concerns raised and to see the current operation of the equestrian facility first hand in order to assess potential impact of the increased activities and the new car parking facility on the adjoining neighbours.

(Cr Trease - Cr T Williams)

Cr Trease left the Chamber at 6.43pm.

RESOLVED UNANIMOUSLY TO:

1) Defer consideration of this matter pending a site inspection to be convened prior to the next Council meeting.

2) Record that the reason for changing the Recommendation is to enable a site meeting to be convened to allow elected members to discuss with stakeholders the concerns raised and to see the current operation of the equestrian facility


first hand in order to assess potential impact of the increased activities and the new car parking facility on the adjoining neighbours.

Cr Trease returned to the Chamber at 6.44pm.

3.6 proposed extension of existing use (equestrian

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