item 3 development application – … · development proposal: redevelopment of existing motor...

ITEM 3 DEVELOPMENT APPLICATION – 090/170/2012/C3 – 363 UNLEY ROAD, MALVERN 5061 (UNLEY PARK)

Economic Development & Planning Fiona Koutsikas – 15 October 2012 Community Direction 3 – Natural and Built

Environment Community Goal 3.1Ensure that Urban Development and Infrastructure meet the changing needs of the community whilst maintaining the City’s heritage, amenity and character.

DEVELOPMENT PROPOSAL: Redevelopment of existing motor showroom

and repair centre, including two storey office component, re-configuration of car parking layout and signage

DEVELOPMENT PLAN: Consolidated 9 September 2010 Regulated Trees DPA (Interim) (Ministerial) – [17 November 2011] Not Applicable

ZONE: Mixed Use 3 APPLICANT: Alternative Design Studio APPLICATION TYPE: Merit PUBLIC NOTIFICATION: Category 3 REPRESENTATIONS RECEIVED:

Four

DAP'S CONSIDERATION IS REQUIRED DUE TO:

Unresolved representations

BACKGROUND A report pertaining to the development formed part of the Development Assessment Panel Agenda, 20 August 2012 however, in response to administrative matters the item was withdrawn from the agenda. These matters have now been resolved. PROPOSAL The application proposes the redevelopment of an existing motor showroom and repair centre. Specifically, the proposal includes:

• Partial demolition of the existing building (951.7m2) plus canopies; • Construct two storey addition, including showroom service bays; storage;

office and amenities; • Cantilevered shade structures; • Re-configuration of car parking layout;

This is page 17 of the Development Assessment Panel Agenda for 15 October 2012

Item 3 Development Application – 090/170/2012/C3 – 363 Unley Road, Malvern 5061 (Unley Park) - Continued

• Boom gates adjacent the eastern aisle of the car park, restricting vehicle movements from 7pm;

• 4.1m – 5.5m high canopy above service entry point; • Signage; • 1.6m high rendered masonry piers with anodised aluminium louvre infill

screen to site facility / bin store area adjacent Cross Road property alignment;

• The removal of various crossovers; • The re-instatement of kerb to Unley Road and Cross Road; and • The re-instatement of kerb along Malvern Avenue, providing two (2)

additional on-street car parking spaces. The existing floor area is 1,498.7m2. A total floor area of 1,511.4m2 is proposed. Including outdoor areas, a total floor area of 2,085.9m2 is proposed and is divided as follows:

• Showroom 433.5m2 (additional 239m2, 7 cars displayed); • Workshop 722.5m2 (additional 153m2, 3 service bays); • Storage 160.6m2 (less 109.4m2); • Office 367.4m2 (additional 61.5m2); • Reception / Lounge 98.3m2 (additional 52.3m2); • Amenities 303.6m2 (additional 191.4m2).

The development provides a total of 47 off-street (one disabled) and two on-street car parking spaces. The Claridge Holden used vehicle lot located to the north of Malvern Avenue does not form part of the development, or site for the purpose of this Development Application. Site Description The subject site measures 4,108.3m2 in area and is bound by Malvern Avenue to the north, Unley Road to the west, and Cross Road to the south. Existing improvements include a single storey building comprising motor showroom, motor repair station and associated office areas. A car park located at the rear of the building provides 38 car parking spaces. Vehicle access is provided via various crossovers from Unley Road, Cross Road and Malvern Avenue. There are no rights of way or easements registered on the certificate of title affecting development of the land.


Item 3 Development Application – 090/170/2012/C3 – 363 Unley Road, Malvern 5061 (Unley Park) - Continued There are no Regulated Trees on the land. Locality Description The locality extends beyond the intersection of Unley, Cross, and Belair Roads to include various land uses, predominantly non-residential (motor showroom, motor repair, crash repair, service station, recreational space, office, retail and meeting hall). Residential development adjoins the site to its east. Mature vegetation exists within the Malvern Avenue road verge. Location Plan – 363 Unley Road, Malvern

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Subject Site Locality Representors


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Item 3 Development Application – 090/170/2012/C3 – 363 Unley Road, Malvern 5061 (Unley Park) - Continued PROCESSING Referrals Statutory Referrals The application was referred to Commissioner of Highways for comment pursuant to Part 2, Regulation 3 of Schedule 8 of the Development Regulations 2008 since the proposal involves development adjacent to an arterial road for which the nature of movement through an existing access is altered. The Commissioner of Highways advised as follows:

• The Metropolitan Adelaide Road Widening Plan shows that a strip of land up to 4.5 metres in width may be required from both the Unley Road and Cross Road frontages of this site for the possible future upgrading of the Unley Road/Cross Road intersection.

• DPTI has completed a review of the potential road widening requirements for the possible future upgrading of the Unley Road/Cross Road intersection and determined that land from the subject site is unlikely to be required. Furthermore, the setback of the proposed cantilevered shade structure from the Unley Road kerbline is acceptable as it matches the line of the existing bull-nose verandah overhang. Accordingly, DPTI raises no objections to the proposed building works.

• The site is served by two access points operating as ingress only and egress only on both Cross Road and Malvern Avenue frontages, as well as in ingress on Unley Road near the Cross Road corner. There are two additional crossovers along the Unley Road frontage that do not appear to be in use.

• DPTI’s policy is to minimise the number of access points along arterial roads in the interests of road safety. Subsequently, DPTI recommends the closure of the access point on Unley Road near the Cross Road corner. The closure of the western access point (exit only) on Cross Road is also recommended. DPTI is prepared to accept the retention of the ingress at the eastern property boundary on Cross Road provided this entry point is reduced to 4.0 metres in width at the property boundary, the crossover is angled at 70 degrees to the kerbline and the entry point is appropriately signed and line marked to reinforce the desired one-way flow. Further, all obsolete crossovers should be reinstated to Council’s standard kerb and gutter at the applicant’s cost.

• Council should ensure that the proposed development provides sufficient on-site car parking designed in accordance with AS/NZ 2890.1:2004 and AS/NZS 2890.6:2009 and that the facilities for commercial vehicles conform with AS/NZS 2890.2:2002.

• Illuminated signage adjacent to arterial roads can present a risk of distraction to motorists, conflict with traffic signals and interfere with driver sightlines. Accordingly, DPTI has undertaken an investigation of the road environment in the vicinity of the proposed signs and considers that the proposed signs pose a relatively low risk of interference with the adjacent signals. Nevertheless, the proposed signage should be limited to a low level illumination in order to minimise distraction and confusion to motorists.



• DPTI does not object in-principle to the proposal. However, consideration should be given to the rationalisation of access to serve the site in line with the above discussion prior to approval.

• The planning authority is advised to attach conditions to any approval. (Refer Attachment D) The application has been amended to address DPTI’s comments. Non-Statutory Referrals (Internal Council Referrals) The application was referred to Council’s Traffic and Asset Management Department for comment. The Traffic and Asset Management Department advises:

• The proposed parking arrangement will generate a ‘tighter’ manoeuvring space. However, it will be achievable;

• The number of off street parking spaces provided will increase to 48 from 38; • The proposed facility would generate a shortfall of 2-3 off street car parking

spaces however, it is unlikely to result in high parking congestion; • The City of Unley does not provide parking permits / exemptions to the

businesses and their employees. (Refer Attachment E)

Public Notification Category 3 notification was undertaken as the proposal does not fall within any of the categories assigned by Zone Principles of Development Control 8 and 9, or Schedule 9 of the Development Regulations 2008. Representations were received from:

1. 345 Unley Road, Malvern (in support) 2. 61 Malvern Avenue, Malvern 3. 1/188 Cross Road, Malvern 4. 2/188 Cross Road, Malvern

Representations The representations received in response to Category 3 notification and a summary of the Applicant’s response is provided below. Issues Raised Applicant’s Response Privacy • The windows shown in car park

elevation (north end) will allow direct views to the rear of my yard, pool and outdoor area.

• The re-design of the first floor office accommodation was undertaken to improve the relationship between different work functions within the building as well as to improve the visual



appeal of the first floor offices from within the new car showroom.

• The upper floor windows are set back 14.2m from the ground floor parapet wall bounding the new workshop space (refer to section ‘A’) – this is an increase of 1.1m from the original scheme. There remains no possibility of overlooking to adjacent properties.

Traffic / Noise • The increased workshop capacity of

approximately 30% with the associated vehicle traffic will cause extra congestion and workshop noise. This will impact greatly between the 5.00 – 12.00pm work shift.

• I have no problem with the 2 storey building, the car park is the problem, the noise when cars are brought in by tow trucks.

• Brush fence should be higher and replaced by brick. Trucks, cars and semis create noise and look over fence.

• No parking should be enforced near fence.

• While the new workshop space is of a significant size it replaces a significant amount of existing workshop space that is to be demolished as a part of the redevelopment. The finished development does not increase workshop capacity by 30%. The intent of this development is to improve the safety and functionality of workshop bays through the provision of larger and more accessible bays, rather than the provision of significant additional workshop capacity. The finished development, with 21 service bays, will have only 3 more service bays than the existing facilities have.

• The car parking layout as shown (refer Site Plan) indicates that the space adjacent the eastern side boundary fence is designated as a parking aisle providing access to parking bays. As such no parking will occur against the boundary fence as it would obstruct vehicle movement.

• Claridge Holden will install boom gates at the driveway access points to Cross Road and Malvern Avenue adjacent to the eastern boundary (refer Site Plan). These will be closed at 7pm. This will force tow trucks to use the western access points and the parking aisle adjacent to the workshop bays.

• The car parking layout is not significantly different to the existing layout and does not allow for parking of vehicles adjacent to the eastern boundary fence.

• Any vehicle noise produced from the car park at this facility will be of a minor nature when compared to the significant traffic flows along both Cross Road and



Unley Road.

DEVELOPMENT PLAN ASSESSMENT Quantitative Development Data

Site Characteristics Existing Proposed Development Plan Provision

Total Site Area 4,108.3m2 4,108.3m2 - Frontage 83.77m Unley Rd

34.45m Cross Rd 83.77m Unley Rd 34.45m Cross Rd

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Depth 50.2m 50.2m - Building Characteristics Floor Area Ground Floor 1,498.7m2 1,270m2 - Upper Floor - 241.4m2 - Total Floor Area 1,498.7m2 1,511.4m2 (2,085.9m2

incl outdoor areas) -

Showroom 194.5m2 433.5m2 - Workshop 569.5m2 722.5m2 (3 additional

service bays) -

Reception / lounge 46m2 98.3m2 - Parts Store 270m2 160.6m2 - Parts Office 27.3m2 - - Office 279.2m2 367.4m2 - Amenities 112.1m2 303.6m2 - Wall Height Ground Floor Wall - 5.5m – 6.4m - Upper Level Wall - 7.65m - Setbacks Ground Floor Front boundary (W) 0.0m

(verandah setback 0.51m from kerb)

0.0m (canopy setback 0.56m – 1.4m from kerb)

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Side boundary (N) 6m (verandah setback 2.2m from kerb)

0.6m – 6.03m -

Side boundary (S) 1.8m (verandah setback 0.2m)

2m – 3.6m (screen setback 0.45m – 0.9m)

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Rear boundary (E) 21.95m 21.95m - Upper Level Front boundary (W) - 8.8m - Side boundary (N) - 14.2m - Side boundary (S) - 23m - Rear boundary (E) - 35m - Car Parking and Access On-site Car Parking 38 on-site 47 49.1 Colours and Materials Roof Concealed sheet cladding Walls Rendered painted beige; Alucobond beige; glass Signage Internally illuminated, consistent with existing


Item 3 Development Application – 090/170/2012/C3 – 363 Unley Road, Malvern 5061 (Unley Park) - Continued Qualitative Assessment Detailed assessment is provided below in respect of:

• Building appearance and neighbourhood character; • Car parking and access; • Site facilities and storage; • Signage.

Mixed Use 3 Zone Objectives and Principles OBJECTIVE 1: Accommodation of small-scale office and consulting room development of up

to 250 square metres total floor area per individual building, small-scale specialty goods outlets, and residential development of up to two storeys at medium densities.

PRINCIPLES OF DEVELOPMENT CONTROL 1 Development should be primarily, small-scale offices and consulting rooms,

preferably in converted dwellings, with a limited extent of small-scale specialty goods outlets, and residential development of up to two storeys at medium densities.

2 Development involving offices, consulting rooms and specialty goods outlets, together or individually, should not exceed 250 square metres of total floor area per individual building.

3 Development should not exceed two storeys in height. 4 Development should result in low traffic generation and direct vehicular

access to arterial roads should be limited. 5 Development should maintain the residential scale and appearance of

existing development in the zone and complement development in adjacent residential zones by: (a) providing building set-backs from roads typical of existing residential

development in the zone, with the set-back area accommodating substantial landscaping;

(b) locating car parking to the rear of buildings, or behind screen walls and landscaping, so as not to be readily visible from adjacent public roads; and

(c) be of a mass, scale, form and design which is compatible with existing residential development, and incorporate second storeys within pitched roofs.

Both motor showroom and motor repair station are listed as non-complying development within the Mixed Use 3 Zone, with the exemption of alterations and additions to an existing building or structure on its existing site. The proposal is considered a re-development of an existing non-complying land use and is therefore to be assessed on Merit.


Item 3 Development Application – 090/170/2012/C3 – 363 Unley Road, Malvern 5061 (Unley Park) - Continued Building Appearance The building presents as single storey to Unley Road albeit at 6m high it has a similar height to a two storey building. The two storey component is setback so as to be concealed behind the ground floor parapet walls. The building mass and proportions are broken up by horizontal elements (canopies) and the use of various materials. The Unley Road façade includes a substantial amount of glass with parapet walls rendered and or clad in Alucobond. The visual amenity and character of the locality is maintained. Landscaping is proposed adjacent the building (north, west and south elevations). Building Siting The proposed building is sited to maintain existing setbacks, albeit a potion of the western elevation is positioned closer to the Unley Road property alignment. Visual impacts upon adjacent residential properties are limited as a result of its siting. In the context of the site and development within adjacent sites, the position of the building is considered appropriate. On-site Car Parking and Access (CW O 31, CW PDC 53 - 61) Council Wide Principle of Development Control 56 states that off-street vehicle parking should accord with Table Un/4 Off Street Vehicle Parking Requirements. Table Un/4 assigns the following number of vehicle parks required based on land use. The most relevant include:

• Motor Repair Station – 3 for each vehicle service bay; • New and Used Vehicle Lot Vehicle Showroom – 1 per 10 vehicles able to be

displayed for sale plus car parking at a rate applicable to office development where such floor area exceeds one tenth of the total floor area;

• Office – 1 per 25 square metres of total floor area. The existing motor showroom provides 38 car parking spaces. The development proposes an additional 9 spaces with a total of 47 spaces provided. Based on Development Plan provisions, the proposal requires the provision of 49.1 on-site car parking spaces, 11.1 additional spaces (motor repair station 9; vehicle showroom 0.7; Office 3.5, Storage -2.1). The provision of 47 spaces equates to a shortfall of 2.1 spaces. Council’s Traffic Consultant advises that in practical terms the proposal would generate a shortfall of 2 to 3 spaces, which is unlikely to result in parking congestion.


Item 3 Development Application – 090/170/2012/C3 – 363 Unley Road, Malvern 5061 (Unley Park) - Continued A report prepared by Frank Siow and Associates on behalf of the Applicant advises:

The existing use of the subject site as a car showroom/office/work shop is not altered. Indeed a substantial portion of the existing building structure would be retained and new facilities built around these retained buildings.

Applying the Council’s parking requirements to the additional floor areas would yield 17.6 spaces. Having regard to the above parking demand, the following should be noted:

o A significant part of the new parking demand is based on applying the office parking rate to the Amenities area (148m2). This Amenities area is associated with a loft area and upgraded toilet facilities (male/female/disabled users) for the showroom building and upgraded toilet and locker facilities for technicians of the workshop.

It is therefore not uncommon to calculate the parking requirement, having regard to existing floor areas (existing use rights) and determining what the additional areas are. Based on my assessment, I estimate that the proposed development would generate an additional parking demand of between 10 and 12 spaces, particularly having regard to what some of the additional floor areas would be used for. The amended parking layout has been designed to comply with AS/NZS 2890.1-2004, AS/NZS 2890.6-2009 and AS 2890.2. An increase of 9 on-site parking spaces would be possible, based on these amendments. In addition, the removal of existing crossovers in Malvern Avenue as a result of the proposed development would increase on-street parking by 2 spaces. The net effect of the parking changes associated with the proposed development would therefore be 9 spaces gained on-site and 2 spaces gained on-street, ie total of 11 spaces. I have therefore formed the view that adequate car parking would be provided for the development. Not withstanding the above calculations, I am advised by Claridge Holden that the site opposite Cross Road, where the new/used cars are stored have ample capacity to accommodate the additional parking demand generated. Staff who park in this area could use the pedestrian crosswalk at the traffic signals to safely cross the main road to reach the workshop. I have inspected this opposite site and noted that there are significant vacant areas whereby a substantial amount of additional car parking could be accommodated. While use of this area would not be necessary, based on my assessment, there is scope for some staff to park off-site if required from time to time.



The entry from Malvern Avenue would, as before, be capable of accommodating an HRV truck (as per AS 2890.2) accessing the site. I am of the opinion that access for the types of vehicles expected for Claridge Holden would be adequately catered for and that the traffic impact on adjacent road network should be insignificant. There are no changes proposed to existing entrances in Cross Road, Unley Road and Malvern Avenue. These entrances would continue to service the car park.

I am able to support the proposed development.

The proposed car park layout complies with Australian Standard AS/NZS 2890.1:2004 and provides one disabled parking space in accordance with Council Wide Principle of Development Control 61, which accords with Australian Standard AS.NZS 2890.6:2009. Given the above, it is considered that the proposal provides appropriate off-street car parking to meet its predicted demands. Further, the car park layout accords with the relevant Australian Standards. Site Facilities and Storage (CW PC 119 – 120) Site facilities are provided adjacent the Cross Road property alignment and are screened by 1.6m high rendered masonry piers with anodised aluminium louvre infill panels. Signage Corporate signage is proposed on all elevations however is limited in length and located so as to limit impacts upon the adjacent residential zone. The majority of signage presents to Unley Road, Cross Road and Malvern Avenue, as per the existing scenario. CONCLUSION In summary, the application is not seriously at variance to the Development Plan and is considered to reasonably satisfy the provisions of the Development Plan for the following reasons:

• Is considered a reasonable expansion of an existing non-complying land use; • Building appearance, mass and scale reflective of the existing building form; • Maintains appropriate separation between the building and the adjacent

residential development; • Utilises existing vehicle access / egress points; • Provides adequate car parking spaces to meet its generated demand;



• Provides appropriately located site facilities, screened from view; • Utilises existing signage panels.

The application is therefore recommended for Development Plan CONSENT. RECOMMENDATION MOVED: SECONDED: That Development Application 090/170/2012/C3 at 363 Unley Road, Malvern 5061 is not seriously at variance with the provisions of the Development Plan and should be GRANTED Planning Consent subject to the following conditions: 1. The Development herein approved shall be undertaken in accordance with all

plans, drawings, specifications and other documents submitted to Council and forming part of the relevant Development Application except where varied by conditions set out below (if any) and the development shall be undertaken to the satisfaction of Council.

2. All stormwater from the building and site shall be disposed of so as to not adversely affect any properties adjoining the site or the stability of any building on the site. Stormwater shall not be disposed of over a crossing place.

3. The construction of the crossing place(s)/alteration to existing crossing places shall be carried out in accordance with any requirements and to the satisfaction of Council at full cost to the applicant.

4. The conditions, where pertinent, of any Development Decisions in respect to the original overall development shall be complied with to the reasonable satisfaction of Council at all times.

5. The landscaping, as approved by the Council, be established prior to occupation of the development, and that the landscaping and site be generally maintained to the reasonable satisfaction of Council at all times.

6. Waste disposal vehicles and general delivery vehicles only service the development between the hours of 7am and 7pm Monday to Friday.

7. That all loading and unloading shall be carried out wholly within the site. 8. The driveway and car parking areas to be surfaces, drained and marked to

the reasonable satisfaction of Council prior to the development being occupied.

9. All vehicles shall enter and exit the site in a forward direction. 10. That immediate remedial measures shall be taken if, in the opinion of Council,

adverse impact is being caused to the amenity of the locality due to any noise nuisance or otherwise.

11. The boom gates are to be closed between the hours of 7pm and 7am seven (7) days a week.


Item 3 Development Application – 090/170/2012/C3 – 363 Unley Road, Malvern 5061 (Unley Park) - Continued 12. The access point on Unley Road near the Cross Road corner and the western

exit point on Cross Road shall be closed. 13. The eastern entry point on Cross Road shall be reduced to 4.0 metres in

width at the property boundary, the crossover shall be angled at 70 degrees to the kerbline and the entry point shall be appropriately signed and line marked to reinforce the desired one-way flow.

14. All obsolete crossovers serving the development shall be reinstated to Council’s standard kerb and gutter at the applicant’s cost.

15. All on-site car parking and manoeuvring areas shall comply with AS/NZS 2890.1:2004 and AS/NZA 2890.6:2009.

16. All on-site commercial vehicle areas shall comply with AS/NZS 2890.2:2002. 17. Any illuminated signs associated with the development shall use LED lighting

for internal illumination of a light box only. 18. No element of LED or LCD display is to be included in the design of signage

associated with the development. 19. Any illuminated signs associated with the development shall be limited to a

low level of illumination so as to minimise distraction to motorists. 20. Any signs associated wit the development shall not contain any element that

flashes, scrolls, moves or changes. 21. The utilisation of Trailer Mounted Variable Message Displays for advertising

purposes shall not be permitted on or adjacent to the subject land. 22. The applicant shall ensure that any stormwater run-off is collected on-site and

disposed of safely without entering and jeopardising the safety of the adjacent roads.

NOTES PERTAINING TO PLANNING CONSENT: • The Metropolitan Adelaide Road Widening Plan shows that a strip of land up

to 4.5 metres in width may be required from both the Unley Road and Cross Road frontages of this site for the possible future upgrading of the Unley Road/Cross Road intersection. An additional 4.5 metres x 4.5 metres cut-off may be required from the Unley Road/Malvern Avenue corner of the site. The consent of the Commissioner of Highways is required under the Metropolitan Adelaide Road Widening Plan Act for all new building works located on or within 6.0 metres of the possible requirements.

The attached consent form should be completed by the applicant and returned to DPTI with three copies of the approved plans. Consent can be anticipated.

• DPTI reserves the right to close the median opening opposite the Cross Road ingress to the site at a future date in the interests of road safety.

• It is recommended that as the applicant is undertaking work on or near the boundary, the applicant should ensure that the boundaries are clearly defined, by a Licensed Surveyor, prior to the commencement of any building work.



• That any damage to the road reserve, including road, footpaths, public infrastructure, kerb and guttering, street trees and the like shall be repaired by Council at full cost to the applicant.

• That any necessary alterations to existing public infrastructure (stobie poles, lighting, traffic signs and the like) shall be carried out in accordance with any requirements and to the satisfaction of the relevant service providers.

• The applicant is reminded of the requirements of the Fences Act 1975. Should the proposed works require the removal, alteration or repair of an existing boundary fence or the erection of a new boundary fence, a ‘Notice of Intention’ must be served to adjoining owners. Please contact the Legal Services Commission for further advice on 8463 3555 or refer to their web site at www.lsc.sa.gov.au.

• That appropriate measures shall be taken (aiming of lights, fittings of louvres, baffles, shields or the like) to control and limit light falling on surrounding properties and that the lights shall be turned off no later than 10.00pm on Monday to Sunday.

• The emission of noise from the premises is subject to control under the Environment Protection Act and Regulations, 1993 and the applicant (or person with the benefit of this consent) should comply with those requirements.

List of Attachments Supplied By: A Application Documents Applicant B Representations Representors C Response to Representations Applicant D DPTI Comments Administration E Traffic Management Comments Administration


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