proposed additions to transport depot (workshop and … · 2017-04-23 · 3.6 proposed additions to...

Ordinary Meeting of Council 23 March 2016

3.6 PROPOSED ADDITIONS TO TRANSPORT DEPOT (WORKSHOP AND STORAGE TANKS) - LOT 32 (NO.1398) GREAT NORTHERN HIGHWAY, UPPER SWAN (DA774-15)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

Cr McDonnell disclosed an interest affecting impartiality in Item 3.6 of Part B - Proposed Additions to Transport Depot (Workshop And Storage Tanks) - Lot 32 (No.1398) Great Northern Highway, Upper Swan by virtue of a long term friendship with the proponent.

KEY ISSUES

The application is for proposed additions to the existing approved Transport Depot at Lot 32 (No.1398) Great Northern Highway, Upper Swan comprising a 600m2 workshop, expanded sealed areas and drainage.

The subject lot is zoned ‘Rural’ under the Metropolitan Region Scheme (MRS) and ‘Resource’ with an ‘Additional Use 36’ under the City of Swan Local Planning Scheme No.17 (LPS17). The proposed works fall within the use class of ‘Transport Depot’, which is an ‘A’ use in the Resource zone.

The application was advertised to surrounding landowners by mail for a period of 28 days. At the conclusion of advertising a total of 10 submissions were received. Two submissions advised non-objection and 8 submissions objected to the proposed development. The objections cite odour, traffic, loss of property values, suitability of use, noise and lighting as reasons for objection.

The application as originally advertised included a bitumen blending plant within the workshop. That component of the application was considered to constitute a 'General Industry' use, separate to the transport depot activities and therefore a prohibited use in the ‘Resource’ zone. The application was subsequently amended to remove this aspect from the proposal.

The use of the land as a transport depot and the associated movement of vehicles to and from the property have already been approved and is not the subject of this application. Consequently objections with respect to traffic are not relevant to this application. With respect to noise – the enclosure of maintenance areas and wash down areas within the workshop is intended to mitigate emissions and therefore provide a net improvement to the existing operations.

The application was referred to the Department of Environmental Regulation (DER) and Main Roads Western Australia (MRWA) for comment. Neither agency objected to the proposal. Issues with odour arising from chemical storage will be addressed by a separate approval process with the DER.

It is recommended that the Council grant approval to the proposed Additions to the Transport Depot (Workshop and Storage Tanks) at Lot 32 (No.1398) Great Northern Highway, Upper Swan subject to conditions.


AUTHORITY/DISCRETION

City has discretion in accordance with Clause 10.3 of Local Planning Scheme No.17 to approve (with or without conditions) or refuse to approve an application. If the applicant is aggrieved with the decision of Council, a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: McCartney and Associates Pty Ltd Owner: Blackgold Holdings Pty Ltd (Directors: Rob Lundie, Rob

Evans) Zoning: LPS17 - Resource

MRS - Rural Strategy/Policy: POL-TP-126 Building and Development Standards –

Rural Zone Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Transport Depot Lot Size: 11 902m2 Use Class: Transport Depot - ‘A’

DETAILS OF THE PROPOSAL

The application, made on behalf of Bitutek – a bitumen supply and transportation company which operates from the property – is for the installation of a 600m2 workshop building. The building will comprise garaging and washdown areas and storage tanks for bitumen, water and other materials.

The application before Council has been amended from that originally submitted to remove the bitumen blending activity. That component was not considered to be incidental or ancillary to a “transport depot” but rather to constitute a separate ‘General Industry’ use, which is prohibited under the zoning of the land.

DESCRIPTION OF SITE

The subject site is identified as Lot 32 (No.1398) Great Northern Highway, Upper Swan. It comprises a total lot area of 11,902m2 and is currently zoned ‘Resource’ under LPS17with an Additional Use 36. Access to the site is achieved from Great Northern Highway.

The area to the east of the site is zoned 'Resource' and forms part of an approved Extractive Industry undertaken by Boral. To the west of the site are various properties zoned 'General Rural' of varying sizes as well as Gingers Roadhouse.

The subject lot is cleared and consists of an unsealed hardstand and employee area, with existing vegetation located adjacent to Great Northern Highway. The topography of the site gradually slopes towards the east.


SITE HISTORY/PREVIOUS APPROVALS

DA-6913/1992 – Transport Depot/Open Air Display and Caretaker’s Residence

DA-15115/2003 – Retaining Wall and Filling of Land

DA-655/2014 - Transport Depot, Ancillary Offices and hardstands (Withdrawn by applicant)

SB-38/2014 – 2 lot subdivision (approved by WAPC)

APPLICANT'S SUBMISSION

The applicant has submitted the following in support of the application:

"We note that in all the time Bitutek has operated from the site (3 and a half years) there has been no complaint advised to us from any neighbour or from Council. We make every effort to ensure we cause minimal impact to the amenity of the area and we will continue to do so.”

PUBLIC CONSULTATION

The application was advertised to all adjoining landowners within a 200m radius of the subject site, with a total of 34 properties advertised to by mail. The application was advertised for a period of 28 days, with an extra week added on due to the Christmas period. At the conclusion of the advertising period a total of 10 submissions were received; 2 submissions advising non-objection and 8 submissions objecting to the proposed development. The objections cite odour, traffic, loss of property values, suitability of use, noise and lighting as reasons for objection. These objections will be discussed in the details section of the report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the Department of Environmental Regulation (DER) and Main Roads Western Australia. (MRWA)

DER - Advises that a works approval needs to be obtained prior to the commencement of works onsite.

MRWA – Advises that Great Northern Highway is a major freight route and subsequently is utilised by Restricted Access Vehicles (RAV’s) and currently approved for RAV’s class 2/3 category 7 vehicles. MRWA advises that the development is acceptable subject to conditions.


DETAILS

Zoning and permissibility of use

The subject lot is zoned ‘Resource’ with an ‘Additional Use 36’ under LPS17. The subject lot has current approval as a Transport Depot which is defined under the City of Swan Local Planning Scheme as:

"Means premises, or a portion of premises, used for the Parking or garaging of commercial vehicles, and:

i. May include the maintenance and refuelling of those vehicles and the storage of goods brought to the premises by those vehicles, provided that those activities and ancillary to the parking and garaging of the commercial vehicles; and

ii. May include the transfer of goods or persons from one motor vehicle to another.

But does not include the parking or garaging of commercial vehicles approved pursuant to clause 5.10 of the Scheme."

The workshop building, which is for the purposes of vehicle garaging and washing and the storage of bitumen, water and other materials, is part of the transport depot operation and so falls within the 'Transport Depot' use class.

‘Transport Deport’ is an ‘A’ use in a Resource zone which means that the use is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 9.4 of LPS17. As the application proposes additions to an existing approved transport depot, the application was advertised in accordance with Clause 9.4.

The subject lot is also zoned ‘Additional Use 36’ which allows for Machinery and Vehicle Sales and Service as a permitted use.

Suitability of use

The City did receive submissions of objection with respect to the bitumen blending activities that were part of the original advertised application. The amended application before Council has removed those aspects.

POL-TP-126 Building and Development Standards – Rural Zones

The objective of POL-TP-126 is to prescribe building and development standards to all development within the General Rural, Swan Valley Rural, Special Rural, Rural – Residential, Rural Living, Resource and Landscape zones and ensure that the development of land within rural areas is consistent with the principles of orderly and proper planning and furthers the objectives of the zone.

The workshop building shown on the site plan is set back a distance of 10m in lieu of the required 30m under POL-TP-126. Comment was sought for the setback variation from the adjoining landowner at Lot 19 (No.33) Copley Road who advised that they had no objection to the setback of the building, but rather their concern was regarding the operational aspect of the proposed development. While it is noted that the siting of the workshop does not comply with the prescribed rear setback of 30m, it is not considered to impact on the amenity of the adjoining property at Lot 19 (No.33) Copley Road given that it currently operates as a clay excavation site.


Odour Issues

Several submissions have raised concern that the incidental bitumen blending and tank storage facility at Lot 32 (No.1398) Great Northern Highway will result in odour issues for surrounding properties. With regard to this matter, the applicant has advised that bitumen arrives at the site and will be stored in the tank facilities. Typically bitumen is then transported to external sites. The transfer of bitumen from one truck to another is consistent with the land use definition of ‘transport depot’ under LPS17.

Comment was sought from Department of Environmental Regulation. DER has no objection to the proposal and it is understood that Bitutek will be required to obtain a works approval and license from them. This process is expected to address and regulate the issue of odours associated with the storage of bitumen and other materials.

Traffic Issues

Several submissions have raised concern regarding traffic issues associated with additional trucks using Great Northern Highway in association with the proposed development. The use of the land as a transport depot and the associated movement of vehicles to and from the property have already been approved and is not the subject of this application. Consequently objections with respect to traffic are not relevant to this application. Notwithstanding, the MRWA has suggested that the existing crossover onto the Great Northern Highway be modified to improve vehicle turning movements. It is recommended that this can be imposed as a condition of any approval.

Amenity issues

A submission received raised concern regarding the amenity impact of the existing transport depot with regard to floodlighting. It is noted that that the proposed additions will be located behind Lot 16 (No.1392) Great Northern Highway and will be partially screened from Great Northern Highway by existing buildings on Lot 16 and vegetation onsite. External lighting is required to comply with the provisions of Australian Standard 4282 – Control of obtrusive effects of Outdoor Lighting and will be imposed as a condition of approval.

The submission also raised concern regarding the potential for noise levels to be exacerbated in association with the proposed development. The City has received only one complaint in the past year with respect to noise from this site. That matter has been addressed.

The additions to the existing transport deport are not expected to contribute to any existing noise levels which are regulated under the Environmental (Noise) Protection Regulations 1997 and set limits on noise emissions for a variety of land uses.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the proposed Additions to the Transport Depot (Workshop and Storage Tanks) at Lot 32 (No.1398) Great Northern Highway, Upper Swan subject to conditions.

Implications: The development can proceed.

This is the recommended option.


Option 2: The Council may resolve to refuse the proposed Additions to the Transport Depot (Workshop and Storage Tanks) at Lot 32 (No.1398) Great Northern Highway, Upper Swan for the following reason:

1. The proposed additions are considered to unduly impact on the amenity of the surrounding properties in terms of odour, traffic and noise.

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

This is not the recommended option.

CONCLUSION

The application is for proposed additions to the existing approved transport depot at Lot 32 (No.1398) Great Northern Highway, Upper Swan comprising a 600m2 workshop, expanded sealed areas and drainage.

The subject lot is zoned ‘Rural’ under the MRS and ‘Resource’ with an ‘Additional Use 36’ under the City of Swan LPS17. The proposed works fall within the use class of ‘Transport Depot’, which is an ‘A’ use in the Resource zone.

The application was advertised to surrounding landowners by mail for a period of 28 days. At the conclusion of advertising a total of 10 submissions were received. Two submissions advised non-objection and 8 submissions objected to the proposed development. The objections cite odour, traffic, loss of property values, suitability of use, noise and lighting as reasons for objection.

The application as originally advertised included a bitumen blending plant within the workshop. That component of the application was considered to constitute a 'General Industry' use, separate to the transport depot activities and therefore a prohibited use in the ‘Resource’ zone. The application was subsequently amended to remove this aspect from the proposal.

The use of the land as a transport depot and the associated movement of vehicles to and from the property have already been approved and is not the subject of this application. Consequently objections with respect to traffic are not relevant to this application. With respect to noise – the enclosure of maintenance areas and wash down areas within the workshop is intended to mitigate emissions and therefore provide a net improvement to the existing operations.

The application was referred to the Department of Environmental Regulation (DER) and Main Roads Western Australia (MRWA) for comment. Neither agency objected to the proposal. Issues with odour arising from chemical storage will be addressed by a separate approval process with the DER.

It is recommended that the Council grant approval to the proposed Additions to the Transport Depot (Workshop and Storage Tanks) at Lot 32 (No.1398) Great Northern Highway, Upper Swan subject to conditions.


ATTACHMENTS

Location Plan

Site Plan

Floor and elevation plans

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development Act 2005

City of Swan Local Planning Scheme No. 17

Local Planning Policy POL-TP-126.

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Approve the application for Additions to Transport Depot as illustrated on the plans stamp date received 29 September 2015 and 23 February 2016 on Lot 32 (No.1398) Great Northern Highway, Upper Swan subject to the following conditions:

1. This approval is for ‘Additions to Transport’ (Workshop and storage tanks) as illustrated on the site plan stamp date received by the City of Swan on 29 September 2015 and 23 February 2016.

2. No blending, mixing or heating of bitumen related products shall be undertaken as part of this approval.

3. Prior to the lodgement of Building Permit application a revised stormwater drainage plan is required to be submitted to the City. This stormwater drainage plan must allow for a 1 in 100 storm event where the overland flow is the same for pre and post development.

4. Prior to commencement of operations of the approved additions to transport depot, the applicant is required to obtain a Works Approval from the Department of Environment and Regulation.

5. Vehicle access onto the site shall be restricted to that shown on the approved plan.

6. Sufficient driveway storage length must be provided for a vehicle to stand clear of the carriageway when stopped. Where the entrance has a gate, the set back from the edge of the carriageway to the gate shall be the 36.5m for the length of the vehicle plus an additional 3m.

7. The existing crossover shall be designed in such a way that a 36.5m Class 2/3 category RAV 7 vehicle shall remain lane correct when entering and exiting from lot 32 to and from the Great Northern Highway.

8. The developer shall be responsible for all costs involved in the land acquisition, design and construction of the intersection and access. This includes signing, road markings, relocation of services, street lighting and Main Roads involved in the checking of the design and construction drawings and any site inspections.

9. Main Roads approval for the construction of drawings is required before any work is undertaken within the Great Northern Highway road reservation. A detailed traffic management safety plan while working within the road reservation to be submitted as part of this approval.

10. No earthworks shall encroach onto the Great Northern Highway road reserve.

11. No stormwater drainage shall be discharged onto the Great Northern Highway road reserve.


12. Wash down bays where petrol, other hydrocarbons or similar matter is likely to be discharged must be constructed in accordance with Water Corporation guidelines. In particular bays should be bunded and graded to trap all waste which then passes through an approved petrol and oil separator before being discharged to sewer. External wash down bays greater than 20m2 are to be roofed.

Where sewer is not available treated liquid wastes shall be disposed of onsite in a manner outlined in the Department of Water’s Water Quality Protection Note WQPN 68 (Mechanical Equipment Washdown) dated March 2006.

No contaminated stormwater is permitted to enter the stormwater drains. All fuels, oils and other liquids shall be appropriately stored within a bunded and covered area capable of trapping all wastes.

13. An application to construct or install an apparatus for the treatment of sewerage is to be submitted to the City’s Health Service for approval prior to the commencement of construction of the wash down bay.

14. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

15. Servicing of vehicles is limited to minor repairs and minor oil changes and only associated with the Bitutek transport business only.

16. 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 - Standard advice notes apply.

2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise the submitters of the Council Decision accordingly.

CARRIED

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