extension of non-conforming use (shop) and associated

Ordinary Meeting of Council 16 December 2020

4.9 EXTENSION OF NON-CONFORMING USE (SHOP) AND ASSOCIATED SIGNAGE - LOT 3 (NO.46) EAST STREET, GUILDFORD (DA462-20)

Ward: (Midland/Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The City has received a retrospective application to extend the approved non-conforming 'Shop' land use from 34m2 to 74m2 and to erect replacement signage at the 'Woodbridge Store' on Lot 3 (No.46) East Street, Guildford.

• The building was purpose built as a dual use building being both a dwelling and a 'Shop' in the early 1900's and has been operating as such since this time. Therefore, the site enjoys non-conforming use rights to use the site as a 'Shop'.

• The non-conforming land use was formally approved under DA550-11 together with a 'Home Business' (Candle Making) land use.

• Under this application, the previous 'Home Business' will be removed to be replaced by the proposed extended 'Shop' floor space within the existing building. The nature of business will not change and will sell new and second hand goods by retail, including (clocks, candles, artwork etc.).

• The business will operate seven (7) days a week between 10.00am and 6.00pm. The current approval does not restrict the hours of operation, so no extension to operating hours is being proposed.

• The application was referred to the State Heritage Office at the Department of Planning Lands and Heritage which has no objection to the proposal.

• East Street is classified as a ‘Primary Regional Road’ and as such the application was referred to Main Roads WA. No response was received which has been taken as a non-objection.

• The application was advertised to the surrounding landowners and a notification placed on the City's website for a period of 14 days. At the conclusion of the consultation period only one (1) objection was received which was from the Guildford Association citing concerns with parking deficiencies.

• While a technical three (3) bay parking shortfall exists, it is considered that there are sufficient parking opportunities on and off the site to absorb the proposed parking demand that the Scheme sets out for the proposed use.

• The replacement signage presents some minor variations to the City's Guildford Conservation Precinct Design Guidelines. On balance, staff consider the signage to meet the relevant Performance Criteria and is capable of approval.


It is recommended that the Council resolve to approve the application to extend the approved non-conforming 'Shop' land use from 34m2 to 74m2 and to erect replacement Signage at the 'Woodbridge Store' on Lot 3 (No.46) East Street, Guildford.

AUTHORITY/DISCRETION

Planning and Development (Local Planning Schemes) Regulations 2015 (cl.68 (2))

Council has discretion in accordance with cl.68 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015 to determine an application for development approval by:

• Granting development approval without conditions; or • Granting development approval with conditions; or • Refusing to grant development approval.

BACKGROUND

Applicant: Evan Caruana Owner: Max Nicholls Zoning: LPS17 - Residential MRS - Urban Strategy/Policy: Local Planning Policy POL-C-106 Guildford

Conservation Precinct Local Planning Policy POL-TP-129 Vehicle Parking Standards

Development Scheme: Local Planning Scheme No.17 Existing Land Use: Single Dwelling 'P'

Home Business 'D' Shop 'X' - Non Conforming

Lot Size: 769m2 Use Class: Shop 'X' - Non Conforming

DETAILS OF THE PROPOSAL

The site currently enjoys non-conforming use rights to use the site as a 'Shop'. This non-conforming land use was formally approved under DA550-11 together with a 'Home Business' (Candle Making) land use.

The applicant proposes to extend the area for the approved non-conforming 'Shop' land use at the site from 34m2 to 74m2 and remove the previous 'Home Business' (Candle Making) land use.

The application also proposes signage attached to the front façade and awning of the building relating to the 'Shop' which replaces the existing approved signage in the same locations.


The business will sell new and second hand goods by retail including (clocks, candles, artwork etc.).

The business will operate seven (7) days a week between 10.00am and 6.00pm. The current approval does not restrict the hours of operation, so no extension to operating hours is being proposed.

The business has two (2) employees, who occupy the existing single house.

DESCRIPTION OF SITE

The subject site is located on the east side of East Street in Guildford, between Water Street to the north and Gum Grove to the south. The site is developed with a shop/residence. The site is on a strata title with a single dwelling fronting Chestnut Street to the rear. The shop is dated back to 1923 and it is apparent that the building has been purpose built to this effect.

The shop, known as the Woodbridge Store, was used for the retailing of convenience items. The rear dwelling is a newer dwelling, built as part of the new estate to the rear of the site. The surrounding area is mainly residential with the exception of the Woodbridge Hotel and another shop/residence located to the north and south of the subject site, respectively.

SITE HISTORY/PREVIOUS APPROVALS

The site has been used as the 'Woodbridge Store' and a Single House since the 1920's.

The City issued an approval in 2011 (DA550-11) formally establishing the non-conforming use rights ('Shop') and also approving a 'Home Business' (candle making) on the site. The remainder of the building is used as a Single House.

PUBLIC CONSULTATION

The application was advertised to the surrounding land owners and a notification placed on the City's website for a period of 14 days. At the conclusion of the consultation period only one (1) objection was received which was from the Guildford Association citing concerns with parking deficiencies.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the State Heritage Office at the Department of Planning Lands and Heritage which has no objection to the proposal.

East Street to the west of the site is classified as a ‘Primary Regional Road’ and as such the application was referred to Main Roads WA; no response was received which has been taken as a non-objection.


DETAILS

Zoning, Land Use and Permissibility

The subject lot is zoned 'Urban' under the Metropolitan Region Scheme (MRS) and 'Residential' under the City's Local Planning Scheme No.17 (LPS17). Whilst a 'Shop' is an 'X' use in this zone (i.e. not permitted), the subject lot enjoys a non-conforming use right by virtue of the prior planning approval granted in 2011.

The proposed land use is a 'Shop' which is defined under LPS17 as:

"shop” means premises used to sell goods by retail, hire goods, or provide services of a personal nature (including a hairdresser or beauty therapist) but does not include a showroom or fast food outlet;"

The question here is whether the removal of the 'Home Business' and the additional 'Shop' floor space would diminish the development's ability to meet the objectives of the Residential zone.

The objectives of the Residential zone are as follows:

a) provide for a range of forms and densities of residential development to meet the needs of the wide variety of households which make up the community;

b) promote a residential environment in each locality consistent with the form and density of residential development permissible in the locality, so as to enhance a sense of place and community identity;

c) preserve and enhance those characteristics which contribute towards residential amenity, and to avoid those forms of development which have the potential to prejudice the development of a safe and attractive residential environment;

d) provide for a limited range of ancillary development compatible with the form and density of residential development, and complementary to the needs of local communities, but which will not compromise residential amenity;

e) avoid development of land for any purpose or in any manner that would detract from the viability or integrity of development in either the Strategic Regional Centre or the Commercial zones.

Objective (a)

The proposal does not constitute residential development. Objective (a) is not relevant to this proposal.

Objective (b)

Objective (b) seeks to ensure that all development is consistent with the expectations of the assigned density code for the area.

The development has historically been used as a 'Shop' since 1923. It is apparent that the building has been designed for a dual purpose of 'Shop' and 'Single House'. As such it has always presented to East Street as a 'Shop'.

The existing building is not proposed to be externally altered other than to replace the existing signage on the front façade relating to the 'Shop' land use.


The existing Single House component to the rear still complies with the requirements of the Residential Design Codes (R-Codes). It is considered that the building is designed to generally comply with the R-Codes and is considered to be consistent with the expectations of the applicable R5 density code.

Cl.6.7 'Advertisement Signs' of the Guildford Design Guidelines provides design principles and acceptable outcomes for advertisement signage associated with commercial development.

The standards seek to restrict the number and size of signage to five (5) street facing signs in total which should not exceed 20% of the building façade. In addition, the guidelines state that type-faces are to be with serifs on historic buildings, but may be more contemporary on new buildings.

The application proposes four (4) advertisement signs on the front façade of the building with one (1) existing and three (3) advertisement signs on the side elevations of the building which all replace existing advertisement signs of the same size and in the same locations. These signs exceed 20% of the front façade and are not written in the suggested 'serifs' type-faces.

The relevant performance criteria that should be used to assess any variations are outlined under cl.6.7.1 of the Guildford Design Guidelines and states the following:

Performance Criteria:

(a) To permit adequate identification and business advertising.

(b) To recognise that advertising signs can help to express the character of the heritage precinct, creating an attractive daytime and evening atmosphere.

(c) To limit the number, scale and positioning of advertising signs, and to ensure that signs do not crowd the advertiser’s message.

(d) To ensure that advertising signs are in keeping with the scale and character of the building upon which they will be attached, and do not detract from the architecture of the building.

(e) To ensure that signage associated with heritage places are designed and located in a manner which conserves, protects and enhances what is valued about the building or place.

It is considered that the signage satisfies the performance criteria as it only serves to identify the proposed business on the site. In addition, the colour of the signage is considered to be more in keeping with the heritage colours of the building as it was previously blue, white and red and included product brands and is now predominantly white and grey with minimal decals.

It is also important to note that while the proposal replaces existing signage at the site, it also proposes the removal of existing window signs, rationalising the overall signage on the site and revealing more of the traditional shop front to the street.

Finally, the original above roof sign which writes 'Woodbridge Store Est 1923' is being retained in its original form.

Given the above, it is considered that objective (b) is satisfied.


Objectives (c) and (d)

Objectives (c) and (d) of the zone seek to allow for suitable complementary commercial services which meet the needs of the community without impacting the amenity of the 'Residential' zone.

The 'Woodbridge Store' has consistently provided the local Guildford community with the sale of goods by retail for almost 100 years. It is considered that the local store is an established complementary commercial service to the local Guildford area.

The subject site is bound by commercial activities and a four (4) lane road. The Woodbridge Hotel, car park and drive-through bottle shop is located on the adjoining lot to the north. Goodwood Antiques is located on the lot to the south.

Due to the nature of the surrounding land uses and development, it is considered that the amenity of the Residential zone is not impacted.

Based on the above, it is considered that the proposed development complies with objectives (c) and (d) of the Residential zone.

Objective (e)

Objective (e) seeks to ensure that any commercial land use proposed within a Residential zone will not detract from the economic viability of the established commercial centres, thereby diluting the integrity of the commercial areas.

It is noted that the Guildford commercial centre is nominally located along Swan Street and James Street. However, the northern portion of East Street has a commercial legacy dating back to the early 1900's.

The proposal to replace an existing commercial land use (Home Business) with the 'Shop' land use is not considered to intensify the commercial nature of the site to an extent that will be noticeable to the Guildford commercial centre.

The subject site and the surrounding commercial activities have existed in tandem with the commercial centre of Guildford for almost 100 years without impact. It is considered that the proposal will not detract from the commercial centre.

In this regard, it is considered that the proposal satisfies objective (e).

Parking Adequacy

The current parking requirement under the existing approval for both the 'Shop' and the 'Home Business' land use mix is five (5) bays.

The site currently has three (3) exclusive bays on site. Therefore the site has an approved technical shortfall of two (2) bays.

There are two (2) on-street parking bays in the road reserve which are shared by another business with similar opening hours.

The current approval determined that the on-street parking opportunities were sufficient to absorb the remaining demand that Local Planning Scheme No.17 sets out for the existing land use mix.

The City's Local Planning Policy POL-TP-129 Vehicle Parking Standards requires eight (8) spaces for every 100m2 of 'Shop' Gross Leasable Area (GLA).


This application will create a total of 76m2 of 'Shop' area and will remove the 'Home Business' land use from the site, resulting in a total requirement of six (6) parking bays and increasing the technical shortfall by one (1) bay.

An objection was received during the consultation process in relation to parking inadequacy from the Guildford Association.

On-site car parking opportunities to serve this building which has, since its construction, historically been used as a shop, are limited and could practically only be achieved if part of the building was demolished.

There is a programme for provision of public parking through which the City may apply cash-in-lieu of car parking provisions to development approvals. As per the City's Parking Standards, before the Council agrees to accept a cash payment in lieu of the provision of parking spaces, the Council must either have provided a public parking station nearby, or must have firm proposals for providing a public station nearby within a period of not more than five (5) years from the time of agreeing to accept the cash payment.

City staff can confirm that there are no firm proposals for on-street public parking within a 400m catchment of the site and therefore the option for cash-in-lieu is not available to the applicant.

The applicant has advised that the majority of their sales are online and phone sales and are delivered by post to their customers.

Patrons and employees arriving to the site have historically used the three (3) on-site and two (2) on-street parking bays directly abutting the shop along East Street.

As the application is retrospective, City staff undertook site visits at various times during week days to determine the impact of the parking shortfall. The parking at the site was occasionally full for short periods of time and was completely empty at other times.

It is also noted that the on-street parking is restricted to five (5) minute periods which is indicated by sign posts next to the bays, which mitigates the potential for surrounding land uses to interrupt the availability of the bays.

Given the above, it is considered that there are sufficient parking opportunities on East Street to absorb the three (3) bay technical parking shortfall. The availability of such bays extends through day and night time periods both during the week and on weekends.


OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the retrospective application to extend the approved non-conforming 'Shop' land use from 34m2 to 74m2 and to erect replacement Signage at the 'Woodbridge Store' on Lot 3 (No.46) East Street, Guildford subject to conditions.

Implications: The application will be taken to be approved under the City of Swan Local Planning Scheme No.17.

This is the recommended option.

Option 2: Council may resolve to refuse the retrospective application to extend the approved non-conforming 'Shop' land use from 34m2 to 74m2 and to erect replacement Signage at the 'Woodbridge Store' on Lot 3 (No.46) East Street, Guildford for the following reason:

1. The approval of the development will result in the compounding of an existing parking shortfall, which is adversely affecting the operations of surrounding businesses

Implications: If the applicant is aggrieved by this determination they will have a right of review of the decision at the State Administrative Tribunal.

This is not the recommended option.

CONCLUSION

The application proposes the extension of the non-conforming 'Shop' land use at the site by replacing the existing 'Home Business' land use area.

The proposal increases a technical two (2) bay parking shortfall at the site which is considered to be adequately absorbed by existing adjacent on street parking along East Street.

The proposal also includes the erection of signage on the site which replaces and also rationalises existing signage on the site. Minor variations to the Guildford Design Guidelines are proposed, but these are considered to satisfy the relevant performance criteria.

The 'Woodbridge Store' has consistently provided the local Guildford community with the sale of goods by retail for almost 100 years. It is considered that the local store is an established complementary commercial service to the local Guildford area and the extension of the 'Shop' floor space and associated signage should be approved.

ATTACHMENTS

Location Plan

Development Plans


STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Local Planning Policy POL-C-106 Guildford Conservation Precinct

Local Planning Policy POL-TP-129 Vehicle Parking Standards

Local Planning Scheme No.17

FINANCIAL IMPLICATIONS

The average cost for a Hearing to defend Council’s decision at the State Administrative Tribunal is $60,000.

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Approve the retrospective application to extend the approved non-conforming 'Shop' land use from 34m2 to 74m2 and to erect replacement Signage at the 'Woodbridge Store' on Lot 3 (No.46) East Street, Guildford subject to the following conditions:

1. The approved 'Shop' is to comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

2. The 'Shop' activity must not cause nuisance or degrade the amenity of the neighbourhood in any way, including by reason of the emission of noise, light, vibration, electrical interference, odour, fumes, smoke or other pollutant, vapour, steam, soot, ash, dust, waste water, water products, grit, oil or impact on public safety or otherwise.

3. All areas used for the storage of goods must be screened from view from any public street or surrounding development to the satisfaction of the City.

4. The signs shall comprise no internal illumination. Any external illumination shall not flash or pulsate to the satisfaction of the City of Swan.

CARRIED EN BLOC

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.

Site Plan46 East Street, Guildford

27/07/2020

1:371

Version: 3, Version Date: 11/11/2020Document Set ID: 5898438Version: 2, Version Date: 17/11/2020Document Set ID: 6054720

Elevation 1

Elevation 2

Elevation 3


4516.14 mm

Proposed'Shop' land usearea (76m2)


7m

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0.8m

1m

3m

2m

2.5m

A

B

C

D

G

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Elevation 1 - Not to scale

46 East Street, Guildford


A

F G

C

Window signs to be removed.




D




B

E

extension of non-conforming use (shop) and associated

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