proposed mezzanine extension to pawnbroker shop

Ordinary Meeting of Council 10 February 2016

3.13 PROPOSED MEZZANINE EXTENSION TO PAWNBROKER SHOP;

CONVERSION OF PART STORAGE AREA TO DISPLAY AREA WITHIN

EXISTING SHOP - LOT 1 (STRATA UNIT 6, NO.245) GREAT EASTERN

HIGHWAY, MIDLAND (DA404-15)

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

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

The subject property is currently used as a pawnbrokers, and is approved as a

'Shop', however with a limited area freely accessible to customers (only 35m2).

The application is a retrospective application for a 220m2 mezzanine floor, used

for storage and staff amenities; and conversion of an additional 58m2 of the

ground floor storage area to shop floor area, which customers can freely

access. The nature of this pawnbroker business is that large areas of storage

are required, compared to the area of shop floor.

The application also proposes the creation of 8 new formal car bays behind the

building, to cater to the proposed development. This meets the City’s Vehicle

Parking Standards (Pol-TP-129), and has been endorsed by the strata body.

During the assessment process, the application was referred to the

Metropolitan Redevelopment Authority (MRA) for advice, as the property falls

within an area due to be transferred to the MRA Scheme early in 2016.

The MRA advised that the proposal was inconsistent with their vision for the

Victoria Precinct (as per the draft Midland Redevelopment Scheme 2), as a

“warehouse” use “is not a preferred or contemplated land use within this

precinct”.

The MRA’s concerns are noted, but at this point in time the benefits of the

relevant applicable planning scheme (LPS17) should be afforded the applicant

and approval is recommended.

It is recommended that the application be approved subject to conditions.

AUTHORITY/DISCRETION

Council has discretion pursuant to Clause 10.3 of Local Planning Scheme No.17 to

approve (with or without conditions) or refuse applications for planning approval. If the

applicant is aggrieved with the decision of the Council, a right of appeal may exist in

accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 5 of the

Planning and Development Act 2005.


BACKGROUND

Applicant: Brett Gorry

Owner: Brett Wilson Gorry and Kim Elizabeth Gorry

Zoning: LPS17 - City Centre – Showroom

MRS - Central City Area

Strategy/Policy: Is shortly due to be transferred to MRA control under

MRA Scheme 2

Vehicle Parking Standards (Pol-TP-129)

Development Scheme: NA

Existing Land Use: Approved as a 'Shop' with 35m2 of retail shopfront

(which customers can freely access); and 188m2 of

ancillary storage.

Lot Size: 223m2 (strata lot 6)

Lot Area: Midland

Use Class: Shop ('D')

DETAILS OF THE PROPOSAL

The application is a retrospective application seeking approval for works as follows:

Construction of a 220m2 mezzanine floor (10m x 22m), which is used for storage

and amenity areas, incidental to the pawnbroker business.

An increase in the area of the ground floor “shop floor” which customers can

freely access. The current approval allows 35m2 of accessible shop floor and

188m2 of incidental storage. The proposal is for 93m2 of accessible shop floor (an

increase of 58m2) and the remaining area (140m2) as storage.

The applicants have advised that customers will have no access to the mezzanine floor.

DESCRIPTION OF SITE

The property comprises a group of commercial strata units, on the corner of Sayer Street

and Great Eastern Highway, Midland. Midland Gate Shopping Centre is directly across

Great Eastern Highway, to the north.

Businesses currently operating from the site include several pawnbrokers, Auto Masters,

a tyre fitters, a gym and a paint shop.

There is a formal, marked parking area at the front of the property and an area behind

the building which is used for informal parking.


SITE HISTORY/PREVIOUS APPROVALS

There is a long history of applications for this property. Aspects relevant to this

application include:

These units were approved in 1982 (7 Commercial units), with 45 standard car

bays, plus 6 car bays for Dunlop, for tyre fitting purposes (within their strata lot

and under cover).

Following an appeal, the Minister for Planning subsequently allowed a driveway

directly onto Great Eastern Highway, so a couple of car bays were lost to allow

this additional access.

Subdivision S63144 approved in 1983 resulted in the car bays behind the building

being lost. A "boundary realignment" created a narrower lot, which did not allow

room for 90 degree bays behind the building. No subdivision conditions were

recommended or applied in regard to the loss of car bays. Consequently, there

are now only approximately 27-28 marked bays on site in the common parking

area. Given that the subdivision received planning approval, it is considered

reasonable that the City accepts the reduced number of bays as sufficient to

service the existing approved development.

Various changes of use / applications for additions over the years have not

required any additional parking bays to be provided.

Unit 6 is currently approved as a Pawnbroker Shop as approved 4 December 2012

(DA 755-12). The area accessible to customers is only 35m2, with the remaining

188m2 floor area being used for storage incidental to the pawnbroker shop.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Main Roads WA

The application was referred to MRWA, as the property abuts Great Eastern Highway.

MRWA has no objection.

Metropolitan Redevelopment Authority

The application was referred to the MRA, as the property falls within an area due to be

transferred to the MRA Scheme early in 2016.

The responses from these agencies are discussed further in the body of the report.


DETAILS

Use

The existing approved use of Unit 6 is 'Shop', which is a 'D' use within the 'City Centre –

Showroom' zone. It is considered that the proposed use is also best classified as 'Shop'

under LPS17. The Scheme definition is as follows:

"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 business is a pawnbroker store that buys and sells goods of value and lends money

against those items. If the customer does not come back for the pledged items, the

goods are sold. The store accordingly needs a large amount of space for storage and

only a limited area for customers to access, compared to most shops. All storage areas

will be used only for storage incidental to the overall pawnbroker business.

The premises is currently subject to a restriction that says only 35m2 of the floor area

may be used for shop display area, with the rest to be used for storage of received

goods.

The current application proposes:

An additional 220m2 Mezzanine floor to be used for storage, incidental to the

pawnbroker shop.

Conversion of additional 58m2 floor area to shop floor area (accessible to

customers), from previous storage use

The proposed “shop floor” area shown on the site plan is very irregularly shaped, and

shows the area between display cabinets. These cabinets are very wide, to allow easy

access by staff walking behind the glass fronts, although the actual area used to display

goods is relatively small. These cabinets are built-in and not easily moveable; so the

area available to customers is well defined.

Objectives of the City Centre Showroom Zone under LPS17

The relevant Scheme objectives for the City Centre – Showroom zone are:

"to ensure consistency with the general objectives of the Strategic Regional Centre, and

in addition, to –

a) Encourage development of selective forms of retail development which can

benefit from the high exposure offered by Great Eastern Highway and car based

comparison shopping for bulky goods;

b) Ensure commercial activity within the zone is complementary to development in

other zones of the centre and does not detract from the viability or integrity of

development elsewhere in the centre;"

(The remaining objectives for the zone relate to promotion of high quality design, and

vehicle access and car parking being designed to be attractive and efficient in function).


The Strategic Regional Centre objectives are generally to facilitate employment within

the Centre through development of a wide range of commercial facilities and services,

with complementary housing and mixed use, in a way which provides for an integrated,

safe, attractive and accessible town centre.

It is considered that the proposal is consistent with these objectives. A pawnbroker is a

specialised form of retail which clearly benefits from a high exposure location, evidenced

by the fact that there are three existing pawnbrokers in this strata complex alone. Many

of the goods for sale could be classified as “bulky goods”. In this respect the business is

similar to other businesses in the vicinity, which complement the retail offerings at

Midland Gate.

The proposal does not entail any additions or alterations visible from outside the unit,

with the exception of creating a formalised parking area at the rear of the building. The

improvement in the existing parking area is consistent with the specific objectives of the

zone

Parking on site

As explained in the "Site History", the units on site were originally approved with 45

bays, but subsequently the 90 degree bays behind the building were rendered non-

functional by a boundary realignment; and an additional driveway was approved, which

resulted in the deletion of some bays. Given that these changes have been approved by

the relevant authorities, it is considered that parking provision for the existing

development on site complies with existing approvals.

While the overall use is considered to be a 'Shop', for the purposes of calculating parking

requirements, it is considered reasonable that separate parking ratios are applied for

storage and display areas.

The development subject of this application is considered to generate a need for an

additional 8 parking bays, calculated as follows:

Under the City's Vehicle Parking Standards, a 'Storage' use requires 2 bays/100m2, and

a "Shop" requires 8 bays/100m2 GLA. Additional parking required is therefore:

Mezzanine floor

(Storage use)

219m2 @ 2 bays/ 100m2 4.38 bays

Conversion of 58m2 to

Shop (from Storage).

The areas which

customers can walk

around / access are

classified as “Shop” while

the display cases (only

accessible to staff) are

considered to be Storage

Storage requires 2

bays/100m2

Shop requires 8

bays/100m2

Therefore an additional 6

bays/100m2 is required

58m2 @ 6 bays / 100m2

3.48 bays

Additional bays required 7.86 bays

Rounded to 8


Eight additional angled (30 degree) parking bays are proposed behind the building.

There is also a turn-around area at the end of the parking aisle to allow cars to perform

a 3-point turn, so that they can enter the street in forward gear.

As all-day parking (User Class 1), the bays would be in accordance with AS 2890.1

requirements for 30 degree parking. A condition shall be applied to require the bays to

be used by staff only.

The new bays are located in common property. The plan submitted has received consent

from the strata management body, as per correspondence dated 7 and 8 October 2015.

The proposal is considered to meet the City's Vehicle Parking Standards.

Metropolitan Redevelopment Authority (MRA)

The application was referred to the MRA, as the property falls within an area due to be

transferred to the MRA Scheme early in 2016. It is anticipated that this change will

happen in the first quarter of 2016, but not before the end of January.

The MRA advised that the proposal was inconsistent with their vision for the Victoria

Precinct (as per the draft Midland Redevelopment Scheme 2) as a "warehouse" is not a

preferred or contemplated land use within the precinct.

The MRA’s concerns are noted, but at it this point in time the benefits of the relevant

applicable planning scheme (LPS17) should be afforded the applicant and approval is

recommended, subject to conditions.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the application for the Proposed Mezzanine

Extension to Pawnbroker Shop, and Conversion of Part Storage Area to

Display Area within Existing Shop at Lot 1 (Strata Unit 6, No.245) Great

Eastern Highway, Midland, subject to the conditions outlined in the

Recommendation.

Implications: The approval will allow the applicant to pursue the necessary building

certification for the mezzanine floor, and other fit-out which has been

undertaken.

This is the recommended option.


Option 2: Council may resolve to refuse the application for the Proposed Mezzanine

Extension to Pawnbroker Shop, and Conversion of Part Storage Area to

Display Area within Existing Shop at Lot 1 (Strata Unit 6, No.245) Great

Eastern Highway, Midland, on the following grounds:

1. The proposed use is inconsistent with the Metropolitan Redevelopment

Authority’s vision for the Victoria Precinct (as per the draft Midland

Redevelopment Scheme 2) as the storage component is considered to

be a “warehouse” use, which is not a preferred or contemplated land

use within the precinct. This Scheme has not yet come into statutory

effect.

Implications: The owner will not be able to pursue the necessary building certification for

the mezzanine floor, and other fit-out which has been undertaken. The

applicant will have a right of a review of the decision by the State

Administrative Tribunal.

This is not the recommended option.

CONCLUSION

The subject property is currently used as a pawnbrokers, and is approved as a 'Shop',

however with a limited area freely accessible to customers (only 35m2). The application

is a retrospective application for a 220m2 mezzanine floor, used for storage and staff

amenities, and conversion of an additional 58m2 of the ground floor storage area to shop

floor area, which customers can freely access. The nature of this pawnbroker business is

that large areas of storage are required, compared to the area of shop floor.

The application also proposes the creation of 8 new formal car bays behind the building,

to cater to the proposed development. This meets the City’s Vehicle Parking Standards

(Pol-TP-129), and has been endorsed by the strata body.

During the assessment process, the application was referred to the Metropolitan

Redevelopment Authority (MRA) for advice, as the property falls within an area due to be

transferred to the MRA Scheme early in 2016.

The MRA advised that the proposal was inconsistent with their vision for the Victoria

Precinct (as per the draft Midland Redevelopment Scheme 2), as a “warehouse” use “is

not a preferred or contemplated land use within this precinct”.

The MRA’s concerns are noted, but at it this point in time the benefits of the relevant

applicable planning scheme (LPS17) should be afforded the applicant and is

recommended for approval, subject to conditions.

ATTACHMENTS

Location Plan

Plans (site plan, ground floor plan, mezzanine plan)


STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Local Planning Scheme No.17

Draft Midland Redevelopment Scheme No.2

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Grant approval to the Mezzanine Extension to the Pawnbroker Shop; Conversion

of Part Storage Area to Display Area within Existing Shop for Lot 1 (Strata Unit 6,

No.245) Great Eastern Highway, Midland subject to the following conditions:

1. This approval is for “Shop” as defined in the City’s Local Planning Scheme

No.17 and the subject land may not be used for any other use without the

prior approval of the City.

2. Any storage areas designated on the approved plan are to be incidental to

the approved Shop, and not used for unrelated storage use.

3. No customers are to have access to areas designated on the approved plan

as "Storage only".

4. Within 60 days of the date of this approval, or prior to the issue of an

Occupancy Permit for the premises, whichever is earlier, the car park shall

be upgraded as follows:

A total of 8 parking bays shall be provided at the rear of the building.

Car bays are to be clearly marked on the ground and served by a paved

accessway, and are to comply with Australian Standard 2890.1; and

Each of these car bays is to be marked as being reserved for staff

(“Staff Only”), on the ground and/or fence with lettering of a size and

colour clearly legible to motorists;

An upgraded disabled bay shall be installed at the front of the building,

as shown on the approved site plan. It shall comply with Australian

Standard 2890.6; and

The vehicle turnaround area at the end of the southern car park is to be

clearly marked on the ground “Keep Clear”, as shown on the approved

site plan; and

Line marking is to be refreshed / repainted within existing parking

areas;

to the satisfaction of the Chief Executive Officer.

5. Car bays at the rear of the building are to be used for staff parking only (to

be used by staff of any of the businesses on the strata parent lot).

6. Within 30 days of the date of this approval, or prior to the issue of an

Occupancy Permit for the premises, whichever is earlier, a landscape plan

must be submitted to the City of Swan for approval, for plants/trees within

existing landscaping beds. For the purpose of these conditions a detailed

landscape plan shall be drawn to a scale of 1:100. The plan shall provide for

shade trees within the car park, and complementary planting. A list of some

recommended plants is available from the City's website:

www.swan.wa.gov.au > Publications > Guidelines and information sheets >

Parks and playgrounds > Grow Local Plants – East Coastal Plain.


7. All landscaping must be completed in accordance with the approved detailed

landscape plan, within 60 days of the date of the landscape plan approval

and all landscaping is to be maintained onsite to the satisfaction of the Chief

Executive Officer.

8. Landscaping, drainage, parking areas, pavement, kerbing, line marking as

depicted on the approved plans shall be maintained at all times to the

satisfaction of the City.

9. Car parking bays and areas designated for landscaping, shall not be used for

the storage, display or selling of any goods or vehicles whatsoever.

10. The premises shall be kept in a neat and tidy condition at all times to the

satisfaction of the City.

11. Use of the site for the purpose approved shall not commence until an

Occupancy Permit is issued.

12. Provision must be made for access and facilities for use by people with

disabilities in accordance with provisions of the Building Code of Australia

and AS 1428.1.

13. Vehicle access onto the site shall be restricted to that shown on the

approved site plan.

14. All pavement 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.

15. Vehicle parking area, access and circulation areas must be sealed, kerbed,

drained and maintained to the satisfaction of the City, in accordance with

the approved plans.

16. All crossovers must be built and maintained in accordance with City's

specifications.

17. The applicant is to ascertain the location and depth of any services that may

interfere with this development. Any adjustment to these services required

as part of this approval, must be arranged by the applicant prior to works

commencing on the site. Any adjustment must be approved by the relevant

service authorities and will be at the applicant's expense.

18. 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.

2) Advise the applicant/owner and all those who lodge a submission of the Council’s

decision accordingly.

CARRIED

proposed mezzanine extension to pawnbroker shop

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