Proposed Change of Use to Community Purpose and Demolition ... · Purpose' and for the Demolition of an existing patio and construction of a new patio at Lot 19 (No.15) Spring Park

Ordinary Meeting of Council 12 February 2020

3.4 PROPOSED CHANGE OF USE TO COMMUNITY PURPOSE AND DEMOLITION AND CONSTRUCTION OF A PATIO - LOT 19 (NO.15) SPRING PARK ROAD, MIDLAND (DA576-19)

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

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• Planning Approval is sought for a Change of Use from ‘Office’ to 'Community Purpose' and for the Demolition of an existing patio and construction of a new patio at Lot 19 (No.15) Spring Park Road, Midland.

• The Community Purpose land use is to be operated under the community service provider Indigo Junction. The operations of Indigo Junction generally service those individuals either homeless or at risk of homelessness, providing services to link individuals and families to support needs and assist people into accommodation.

• The property is located within the Midland Activity Centre - Morrison Road West (Mixed Use Retail Commercial) zone of the Midland Activity Centre Structure Plan (MACSP) and is subject to the provisions within it. Assessment against the relative objectives has been undertaken, which the proposal is considered to satisfy.

• The proposed Community Purpose land use is listed as an 'A' land use within the MACSP. As such the application is required to be, and has been, advertised for a period of 21 days. Following the period of consultation five (5) responses were received, four (4) objecting to the development and one (1) noting support of the development.

• The objections received solely related to fear of potential anti-social behaviour from clients of the facility. .

• One (1) further objection was provided noting that there was no issue with helping people struggling with homelessness, however the size of the proposed building and the location of the business operations in relation to the business precinct was not appropriate.

• The proposal has been reviewed against Part 10.2 of Local Planning Scheme No.17 (LPS17) "Matters to be Considered by Local Government" of which three (3) relevant items arise. These being:

(k) the compatibility generally of a use or development with its setting;

(l) any social issues that have an effect on the amenity of the locality; and

(y) the potential loss of any community service or benefit resulting from the planning approval;


• In relation to the abovementioned points, it should be noted that Indigo Junction currently operates from within the area (Spring Park Road and Great Northern Highway) providing services to the community facing homelessness. There is no record of issues with the operation of their business to date.

• Furthermore the operation of the business will allow the provision of services enabling the community in crisis to obtain accommodation, financial assistance, health assistance and access to food and essential facilities. Given this, it could be readily expected that the services provided would reduce the current issues noted by the business community and allow significant improvements to living standards of those affected in the area.

It is recommended that Council support the subject development application for the Change of Use to Community Purpose and Demolition of an existing Patio and Construction of a new Patio at Lot 19 (No.15) Spring Park Road, Midland, subject to conditions.

AUTHORITY/DISCRETION

Council has discretion in accordance with Part 10.3 of LPS17 to approve (with or without conditions) or, refuse the application.

If the applicant is aggrieved with the discretion of the 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: Elite Compliance Pty Ltd (Naser Nazamyar) Owner: Ms Janette Susan Scanlan and Mr William Michael

Scanlan Zoning: LPS17 - Midland Strategic Regional Centre MRS - Central City Area Strategy/Policy: Midland Activity Centre Plan Development Scheme: City of Swan Local Planning Scheme No.17 Existing Land Use: Vacant Commercial Building Lot Size: 578m2 Use Class: Community Purpose - A

DETAILS OF THE PROPOSAL

The subject development application seeks development approval for the following:

• The setup of a Community Purpose land use that is to be operated by Indigo Junction. The operations of the site include five (5) staff to work from the site with a maximum of 10-12 clients on site at any one given time.

• Demolition of an existing patio and replacement with a larger patio structure.


It is noted that there are minor internal layout works proposed. As the works are internal and are for fit out purposes only they do not form part of the planning application as they are reviewed at the building permit stage of the development.

The Community Purpose land use is to be operated under the community service provider Indigo Junction. The operations of Indigo Junction generally service those individuals either homeless or at risk of homelessness, providing services to link individuals and families to support needs and assist people into accommodation. The current premises which the services are provided from allows only one (1) client in the office at any one given time. The new premises, being the subject site, will allow the business to assist a greater number of people at one given time allowing a greater level of service to be provided.

DESCRIPTION OF SITE

The proposed development and Community Purpose land use is located at Lot 19 (No.15) Spring Park Road, Midland. The development fronts Spring Park Road with a laneway to the rear. There is no provision of parking on site with all employee parking to be contained at a separate site, No.53 Great Northern Highway, Midland (approximately 500 metres away) and client parking along the street or over the road in the local government paid car park. It is noted that not all clients have access to motor vehicles and as such utilise the surrounding public transport network.

The subject development is located within the Midland Activity Centre - Morrison Road West (Mixed Use Retail Commercial) zone of the Midland Activity Centre Structure Plan and is subject to the provisions within it.

SITE HISTORY/PREVIOUS APPROVALS

No relevant approvals for the site.

PUBLIC CONSULTATION

Public consultation was undertaken as the applicant seeks approval for a change of use to Community Purpose. As noted, within the Midland Activity Centre Structure Plan, Community Purpose is listed as an 'A' land use and as such requires public consultation. Public Consultation was carried out in the following manner:

Duration: 21 Days from 29 October 2019 to 19 November 2019.

Method: a letter to all land owners within a 50 metre radius of the development site or an associated road reserve or laneway. Additionally details of the application were placed on the City's website.

Submissions received: a total of five (5) responses were received, one (1) being a non-objection and four (4) being objections.

The rationale behind a number of the objections received by the City related to the fear of potential anti-social behaviour from the clients of the facility, including but not limited to; verbal abuse, aggressive nature of members of the community loitering, littering and inappropriate use of the rear laneway.


Further comment was received noting that the scale and size of the building was not appropriate for the operations of the subject site

APPLICANT'S SUBMISSION

The applicant has provided the following response to the objections raised as part of the consultation process. Refer below

• There generally isn’t a lot of issues pertaining to antisocial behaviour for the reasons that employees of indigo junction are trained in how to deal with people that are dealing with alcohol drugs and are generally unsettled and feeling aggrieved. The existing location is currently not appropriate for the operation of the business with the current premises only allowing the ability to assist 1 client at a given time The new premises will allow the business to take in greater than one client per given time allowing the business to provide a greater level of assistance and better outcomes for individuals and families.

• Local police work closely with the service to move people on if undesirable behaviours are causing concern. The new premises will allow indigo junction to provide a greater level of service to the community in need, by servicing more than one client at a given time and helping them find accommodation, financial support and linking to on-going support.

• Indigo junction has been in discussions with the Midland Police regarding the best way to manage the premises after hours. Foreseen ways that the premises will be managed include, use of security cameras, security lighting, alarms, and extending the heights of the front and rear fences to restrict access to the property. Simms security have been engaged to support this plan.

To ensure that the amenity of the area is maintained and that no issues are to occur in respect to the objections received a condition pertaining to adequate security provisions undertaken to the satisfaction of the City is to be applied.

DETAILS

Land use Permissibility - Community Purpose

LPS17 provides the below definition for 'Community Purpose':

“community purpose” means the use of premises designed or adapted primarily for the provision of educational, social or recreational facilities or services by organisations involved in activities for community benefit;

The business that is to operate under the Community Purpose land use banner is Indigo Junction, which is a company that provides homelessness services to youth, families and the local community in the north-eastern suburbs of Perth. In offering this type of service, Indigo Junction notes to undertake the above services by following the below values:

• Offer safe, secure and affordable housing.

• Promote independence, education and personal development.


• Build capacity for social and economic participation.

• Support our client's development towards self-sufficiency.

• Use our voice to advocate for social change.

It is considered that the operations of the business and its associated mission being a not-for profit community organisation providing services focused on homelessness appropriately satisfies the definition of Community Purpose.

City of Swan Local Planning Scheme No.17 (LPS17)

Part 10 of LPS17 lists 28 matters that are to be considered by local government when determining an application for planning approval. Three (3) of the 28 listed matters are relevant to this application, which are listed and addressed below:

(k) the compatibility generally of a use or development with its setting;

In regard to point (k) the land use is generally compatible with the area as the business currently operates additional sites within close proximity to the subject property; one (1) located at No.25 Spring Park Road, Midland and the second located at No.53 Great Northern Highway, Midland (Administration Building). Additionally with charitable businesses and emergency accommodation premises being located within close proximity to the subject lot it is considered that a harmonious relationship can be attained through the services provided to clients/community members.

(l) any social issues that have an effect on the amenity of the locality; and

In response to point (l) the operation of the business is not considered to further impact the amenity of the local area. Several of the submissions of objection contended that the 'demographic of people that the business will attract' and the current actions of these people will have an effect within the area.

In regard to the commentary provided by the community it is noted that the comments provided don’t directly relate to the land use itself, however relate to the existing issue community members, business and employees within the City Centre deal with on a regular basis. The concerns with the actions of the people facing homelessness cannot be dealt with under the current planning framework.

The proposed land use will assist with providing services to alleviate the symptoms of homelessness, including finding appropriate accommodation for affected individuals, financial assistance, healthcare (mental and physical) and access to a food bank. These services seek to improve the lifestyle of those affected by homelessness by providing tools and resources to vulnerable members of the community.

With the proposed land use being in operation and the assistance being provided to the clients of Midland and the surrounding community it can be foreseen that it will improve the issues faced by the surrounding community.

Further to the highlighted concerns from the surrounding community members regarding antisocial behaviour, it is considered that this is to be managed to a suitable standard by the organisation. With their partnership with the Midland Police it is considered that the undesirable anti-social behaviour can be managed to a suitable level ensuring the safety of the local community.


(y) the potential loss of any community service or benefit resulting from the planning approval;

Regarding point (y) and in summary of the above discussion it can be readily noted that the approval of the application will result in a community service that provides a range of benefits for the 'at crisis community'.

If Council were to not support the operation of the Community Purpose land use, the community in need would not have the necessary services and facilities to improve their current living situations and keep them out of facing homelessness.

Midland Activity Centre Structure Plan (MACSP) - Objectives

The MACSP lists within 'Table 2 Land Use Permissibility' Community Purpose as an 'A' use. The land use being an 'A' use requires the City to advertise the proposal with a number of comments provided as noted above.

The MACSP has 10 associated objectives, of which two (2) are relevant to the subject application and are listed below:

b) To facilitate the creation of employment within the centre so as to reduce the demand for travel, and enhance the level of self-sufficiency within the sub-region.

c) To promote the development of a wide range of commercial facilities and services including major offices, retailing and a mix of entertainment, recreation and community facilities to meet the needs of the sub-regional community.

The operation of the Community Purpose land use seeks to provide services to alleviate the symptoms of homelessness. The services provided will allow for flow on affects to improve the amenity of the area by providing opportunities for those seeking help to improve their respective lifestyles.

It is considered that the proposal adequately addresses the relevant objectives of the scheme.

Midland Activity Centre Structure Plan - Provision of Parking

The subject lot does not accommodate any onsite parking, the site, since its development, has taken access to the street parking and the paid parking bays over the road.

The operation of the business involves the employment of five (5) staff to operate from the subject site. The applicant notes in its email to the City that staff will be parking at the head office carpark that adjoins the St Brigids Parish (intersection of Morrison Road and Great Northern Highway). The carpark is approximately 520 metres away and is considered to be an acceptable walking distance for the staff of the business to travel. Should employees of the business seek to park closer there are a number of paid parking areas that may accommodate the incidental parking of vehicles.

In regard to the number of clients that may be on the premises at any one given time the applicant notes this to be approximately 10-12 people. There is ample street parking both on roadside and within specific carparks that provide secure paid parking bays for the clients to use.


Additionally, it is noted that a number of the business 'clients' are homeless or do not generally have access to automotive transport as such, access to the site is generally via foot or the surrounding public transport network. Given this, impacts on parking that are resultant from the clientele will be significantly reduced as not all clients have access to their own private vehicle.

Midland Activity Centre Structure Plan - Development (Patio)

As part of the applicant's submission to the City the proposal incorporates the removal of the established patio and replacement with a larger sized structure. The proposed patio is setback from the lot boundaries as follows; 5.34 metres to the rear boundary and 6.97 metres to the southern (left side) boundary.

The Midland Activity Centre Structure Plan sets the following provisions for setbacks within the 'Morrison Road West - Mixed Use Retail/Commercial' zone; minimum 4 metres to the rear and Nil setback to the side lot boundaries.

The proposed setbacks for the patio addition are considered to meet the relevant setback requirements and as such is considered appropriate for approval.

Access to the Site:

The development fronts Spring Park Road with a laneway to the rear. There is no provision of parking on site with all employee parking to be contained at a separate site, No.53 Great Northern Highway, Midland (approx. 500 metres away) and client parking along the street or over the road in the local government paid car park.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the Change of Use to Community Purpose and associated Patio development at Lot 19 (No.15) Spring Park Road, Midland, subject to conditions

Implications: The development may proceed and will allow development of the two (2) vacant lots.

This is the recommended option.

Option 2: Council may resolve to refuse the Change of Use to Community Purpose and associated Patio development at Lot 19 (No.15) Spring Park Road, Midland, for the following reason:

1. The foreseeable impacts to the amenity of the area resultant from the operation of the proposed Community Purpose land use are considered to not be appropriate for the subject locality

Implications: If aggrieved by the decision of Council, the applicant/owner would have a right of appeal to the State Administrative Tribunal.

This is not the recommended option.


CONCLUSION

The proposed change of use to Community Purpose and the incidental works are considered to provide a community benefit to those members of the community that are homeless or are in the prospect of being homeless. As such improving the amenity of the area and reducing the perceived associated concerns that community members have with the existing homeless community.

It is recommended that Council support the application for a change of use to Community Purpose and demolition of an existing patio and construction of a new patio at Lot 19 (No.15) Spring Park Road, Midland, subject to conditions.

ATTACHMENTS

1. Location Plan

2. Site Plan

3. Elevation Plan

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

City of Swan 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 Change of Use from ‘Office’ to ‘Community Purpose’ and Demolition of an existing Patio and Construction of a new Patio at Lot 19 (No.15) Spring Park Road, Midland, subject to the following conditions:

1. The approved development must 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. All building works to be carried out under this development approval are required to be contained within the boundaries of the subject lot.

3. This approval is for Community Purpose as defined in the City of Swan Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

4. In accordance with details provided to the City the premises shall not exceed more than 20 people on site at any one given time.

5. Suitable arrangements being made for the connection of the land to the comprehensive district drainage system at the landowner/developer’s cost. The contribution amount is based on the additional roof area of 22.56m² to the satisfaction of the City of Swan in accordance with the City of Swan Local Planning Policy POL-C-040 ‘Midland District Drainage Development Reserve Fund'. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment must be made prior to the issuance of a building permit or prior to any work commencing on the site (at the earliest instance).

6. Prior to the initial operation of the use, security measures are to be implemented to the satisfaction of the City and maintained thereafter. Security measures may include but are not limited to:

i. Increasing the height of all boundary fences.

ii. Provision of CCTV and/or appropriate security cameras to the front and rear of the building

iii. Provision of security lighting

iv. Provision of appropriate alarm systems.

7. 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 made a submission of Council's decision accordingly.

CARRIED

DISCLAIMER: Information shown here on is a composite of information 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.

LOCATION PLANDA-576/2016

Proposed change of use to Community Purpose and demolition

and construction of a Patio

8/01/2020

1:1000

6. MAKE GOOD ALL EXISTING STRUCTURE AFTER DEMOLTION AND DURING CONSTRUCTION7. ALL NEW BRICK WALLS ARE TO BE DOWEL BONDED TO EXTERNA; WALLS EVERY 3rd COURSE USING 2w8 GALV RODS x 150 LONG EPXOY GROUT FIXED INTO THE EXISTING WALLS AND SET INTO THE BED JOINTS OF THE NEW WALLS. PLACE WITH 20 SIDE COVER EACH SIDE.

BE MIE(AUST)276533 CPeng NPER

CITY OF SWANSTATUTORY PLANNING

RECEIVED11 Sep 2019

B1B2

B3

B4

B5PROP THE ROOF AND CEILING IN THIS AREAPRIOR TO ANY DEMOLITION. POSITION THE PROPSTO SUIT THE NEW BRICKWALLS. KEEP THE PROPSUNTIL THE ROOF AND CEILING ARE FULLY SUPPORTEDONTO THE NEW WALLS. ( SEE PAGE 3)

PROP THE ROOF AND CEILING UNTILTHE EXISTING CEILING AND ROOF ARE PITCHED ONTO THE NEW STEEL BEAMS.PLACE THE NEW STEEL BEAMS 20mm MIN ABOVE THE EXISTING CEILING AND CEILING JOISTS IF REQUIRED.

MEMBER SCHEDULEB1=300x63 WESBEAM eBEAMB2=300x63 WESBEAM eBEAMB3=200UB18 or 360x63 WESBEAM eBEAMB4=240x45 WESBEAM eBEAMB5=240x63 WESBEAM eBEAMCONNECT TIMBER TO TIMBER USING EX 150x150x10 EA WEB CLEAT WITH 2M16 BOLTS EACH FACEWEBCONNECT STEEL TO STEEL USING EX 8PL WEB CLEAT 2M16CONNECT TIMBER TO STEEL USING EX 8PL WEB CLEAT 2M16

TIE DOWN ALL BEAMS AT THE CAVITY WALL USING A FULL HEIGHTR12 GALV ROD HOOKED AROUND A 16mm GALV DOWEL DRILLED INTO PLACE ACROSS THE WALL WITH MIN 50mmEMBEDMENT EACH ENDBOLT TO THE BEAM ABOVE

MITRE THE TIMBER BEAMS AT THE END TO SUIT THE ROOF PITCH ALLIN ACCORDANCE WITH THE PROVOSIONS OF as1684-2010

MITRE THE STEEL BEAMS TO 100mm MIN TO SUIT THE ROOF PITCH.

PROP B5 ONTO BRICKWORK



RECEIVED11 Sep 2019

NEW 500 WIDE x 400 DEEP CONCRETEFOOTINGS WITH 4-11TM REINFORCING 50 TOPAND BOTTOM COVER. PLACE INTO FIRM NATURAL GROUND. PROVIDE 3N12 GALV x 200 DOWEL BARSMIDHEIGHT EPOXY FIXED INTO THE EXISTING FOOTING EACH END.

BUILD THIS NEW WALL UP OFFTHE EXISTING FOOTING. CONTACT ENGINEER IF THE NEW WALL DOES NOT BEAR WITHIN THE MIDDLETHIRD LOCATION OF THE FOOTING. PRIOR TO CONSTRUCTION.

NEW 100mm CONCRETE SLAB ONCOMPACTED SAND FILL. MAX FILLDEPTH NOT TO EXCEED 430mm.SL63 MESH 30 TOP COVER.N25/20/80 CONCRETE

BRICKWORK TO BE 350 WIDE UP TO UNDERSIDE OF FLOOR EACH SIDE FOR THIS WALL. THE MAIN WALL IS TO BE CENTRAL, WITH 110mm PROJECTIONEACH SIDE..

THIS WALL CAN BE 110 FULL HEIGHT. PLACE FILL EVENLY EACH SIDE DURING EARTHWORKS

PROP THE EXISTING ROOFTO ENABLE THE REMOVAL OF THESE COLUMNS.REPLACE WITH NEW 90x90x2.0 G350 SHSSET ONTO 400SQ x 300 DEEP MASS CONCRETEFOOTING PADS. EX 8 PL BASE PLATE 4M12 CHEMSET BOLTS -120 EMBEDMENT (OREQUIVALENT) SPACED AT 150x150 CENTRES E/W. COL AND BASEPLATE TO BE HOT DIP GALV.

CONNECT THE NEW SHS COLUMNS TO THE EXISTING ROOFBEAM USING 2M10 GALV BOLTS TO EACH BEAM TYPICAL.



RECEIVED11 Sep 2019



RECEIVED11 Sep 2019



RECEIVED11 Sep 2019

Proposed Change of Use to Community Purpose and Demolition ... · Purpose' and for the Demolition of an existing patio and construction of a new patio at Lot 19 (No.15) Spring Park

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