Proposed Fast Food Outlet and Alfresco Dining - Lot 40 (No ... · (No.1) Old Great Northern Highway, Midland for the purpose of ‘Fast Food Outlet’ and alfresco dining in the street

Ordinary Meeting of Council 25 November 2015

3.3 PROPOSED FAST FOOD OUTLET AND ALFRESCO DINING - LOT 40 (NO.1) OLD GREAT NORTHERN HIGHWAY AND ROAD RESERVE ABUTTING LOT 40 (NO.1) OLD GREAT NORTHERN HIGHWAY, MIDLAND (DA433-15)

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

Disclosure of Interest: Nil.

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application seeks approval to use the existing 21m2 tenancy at Lot 40 (No.1) Old Great Northern Highway, Midland for the purpose of ‘Fast Food Outlet’ and alfresco dining in the street verge abutting the building.

• The subject lot is zoned 'City Centre – Business' under the City’s Local Planning Scheme No.17 (LPS17). A ‘Fast Food Outlet’ is a ‘P’ use in the zone.

• The building subject to the application (Connolly’s Building) spans across 3 lots (No's 1-7 Old Great Northern Highway) and is listed on the City’s Municipal Heritage Inventory. The building was constructed prior to the introduction of town planning controls in the locality. There is no record of an approved use for this tenancy.

• A ‘Fast Food Outlet’ requires a minimum of 6 parking bays under the City’s POL-TP-129 Vehicle Parking Standards. There are no parking facilities on the site, nor the ability to construct on-site parking without making significant alterations to the building. The proposal involves an on-site parking shortfall of 6 bays.

• Two of Council’s adopted strategic documents are pertinent to the consideration of parking provision for the site – the Midland Access and Parking Strategy and the Midland Activity Centre Structure Plan.

• The former document has identified multi-deck public parking facilities within the town centre and a timeframe for their construction. The estimate of the cost per bay of such parking is $46,838.10. The Parking Strategy fulfils the requirements under the City’s Scheme to impose cash-in-lieu of parking bays as conditions of development approval.

• The latter document however makes a distinction in the approach for parking provision in the Midland Activity Centre – it specifically recommends that additional parking should not be required for changes of use of existing buildings where no substantial extension is proposed. The clear intent of this approach is to enable ease of investment and encourage the development of small business within the town centre.

• The subject application involves the use of a portion of an existing building with no floor space expansion. Consistent with the explicit intent of the Midland Activity Centre Structure Plan it is recommended that no additional parking provision is required.

It is recommended that the Council approve the application for a Fast Food Outlet and Alfresco Dining at Lot 40 (No.1) Old Great Northern Highway, Midland and road reserve abutting Lot 40 (No.1) Old Great Northern Highway, Midland subject to standard conditions.

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AUTHORITY/DISCRETION

Council has discretion in accordance with Clause 10.3 of Local Planning Scheme No.17 to approve (with or without conditions) or refuse to approve the application. 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 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: James Daly Owner: Frank & Rozlyn Mary Pileggi, Keith John & Kim Innes

(lot) and City of Swan (road reserve). (Zoning: LPS17 - City Centre – Business

Local Road Reserve MRS - Urban Strategy/Policy: Pol-C-058 Private Development within City Road

Reserves POL-TP-129 Vehicle Parking Standards Midland Parking Strategy Midland Activity Centre Structure Plan

Existing Land Use: Unknown Tenancy Size: 21sqm Use Class: Fast Food Outlet – ‘P’

DETAILS OF THE PROPOSAL

The application proposes to use the 21m2 tenancy at Lot 40 (No.1) Old Great Northern Highway, Midland as a ‘Fast Food Outlet’.

The application is submitted to allow for the establishment of a take-away coffee shop which will provide seating (including alfresco seating) for 13 customers. The coffee shop will focus on attracting pedestrian based trade moving between the railway station and the Midland town centre.

DESCRIPTION OF SITE

The site is located on the corner of Great Eastern Highway and Old Great Northern Highway in Midland; 230m north of the Midland Railway Station and opposite the Midland Town Hall.

The building subject to the application (Connolly’s Building) spans across 3 lots (No's 1-7 Old Great Northern Highway). Constructed in 1900, the building is listed on the City’s Municipal Heritage Inventory as it is “an important component of the traditional commercial centre. It also forms part of the remnant building stock which make up the historic town’s fabric”. It is understood the building was originally constructed as a Shopping Complex and over time has accommodated a range of commercial uses including offices and shops.

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Ordinary Meeting of Council 25 November 2015

The building’s footprint occupies the entire lot area. It is not possible to construct car parking facilities on the lot without making substantial modifications to the existing building.

SITE HISTORY/PREVIOUS APPROVALS

The building was constructed prior to the introduction of town planning controls in the locality. There is no record of an approval for the use of the site.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil.

PUBLIC CONSULTATION

No public consultation was carried out as the application is for a permitted land use.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

No consultation with other agencies or consultants was carried out as part of the application.

DETAILS

Zoning and Permissibility

The subject site is zoned ‘City Centre-Business’ under LPS17. A 'Fast Food Outlet' is a permitted (P) use within the zone and is defined as:

“means premises used for the preparation, sale and serving of food to customers in a form ready to be eaten without further preparation, primarily off the premises, but does not include a lunch bar”.

The Fast Food Outlet will sell takeaway coffee and operate between 7.30am and 3.30pm weekdays and between 8.00am and 2.00pm on weekends.

The proposal complies with all aspects of LPS17 with the exception of car parking requirements.

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Parking Adequacy:

POL-TP-129 Vehicle Parking Standards

The following table details the current LPS17 car parking requirements:

Use Class Car Parking Standards (POL-TP-129 Requirements)

Car Parking Required (POL-TP-129 Requirements)

‘Fast Food Outlet’

10 spaces per 100m2 of GLA with a minimum of 6 spaces.

6 spaces are required.

Parking shortfall of 6 bays

Midland Access and Parking Strategy

The Midland Access and Parking Strategy examines options for future parking provision in Midland and identifies future multi-deck parking facilities in various locations, including two locations off Morrison Road (east of Keane Street and west of Cosmo Lane). The Strategy indicates that the timing for provision of such parking facilities within the town centre is once the health campus is complete and the expansion of Midland Gate has occurred. That would place the timing for provision of deck parking within the next five years and comply with the scheme requirements to have a programme for parking installation as a prerequisite for levying cash-in-lieu of parking contributions on development applications such as this one.

The current estimated cost per bay for a multi-deck car parking bay is $46,838.10.

Midland Activity Centre Structure Plan

The City has prepared, and with Council’s endorsement, advertised for public comment the above structure plan for the Midland town centre. The advertising period closed 14 September 2015 and submissions are currently being reviewed by City staff.

An aspect of this seriously entertained planning instrument is pertinent to the consideration of car parking entailed in this application.

The structure plan makes specific reference to parking requirements associated with the change in use of existing buildings at page 129 of the document, as follows:

"2.7.5.4 Change of Use:

Where a change of use is proposed in an existing building and there is no substantial extension proposed, it is recommended that no additional car parking be required. This will enable ease of investment and encourage the development of small businesses within the activity centre.”

It seems that there is a very specific intention not to have provision of parking, or cash-in-lieu of parking become a barrier to new business starting up within existing premises within the town centre.

This application is such a business and one that is not extending the floor space of the unit it will occupy.

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Accordingly it is considered appropriate to apply the very specific intentions of the Midland Activity Centre Structure Plan and waiver the 6 bay parking shortfall that arises through the application of the Scheme parking standards.

POL-C-058 Private Development within City Road Reserves

Alfresco dining in the City’s road reserves is supported under POL-C-058 subject to the operator maintaining an adequate public liability insurance policy and ensuring the placement of street furniture does not disrupt pedestrian traffic flows.

Subject to recommended conditions, the proposal adheres to the policy requirements.

Conditional approval is recommended.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant conditional approval for the proposed ‘Fast Food Outlet’ and 'Alfresco Dining' at Lot 40 (No.1) Old Great Northern Highway, Midland and road reserve abutting Lot 40 (No.1) Old Great Northern Highway, Midland subject to the following conditions:

1. This approval is for “Fast Food Outlet” and “Alfresco Dining” as illustrated on the submitted plans received by the City of Swan.

2. Prior to the commencement of alfresco dining within the road reserve abutting Lot 40 (No.1) Old Great Northern Highway, Midland (“the Land”) the owner of the Land shall enter into a deed of agreement with the City of Swan (“the City”) whereby the owner:

i. indemnifies the City against any loss or damage caused to any road reserve or other property of the City or to any person or property of any person arising out of the construction of the development or the use of the road reserve in connection with the development;

ii. agrees to take out and maintain a policy of public liability insurance with a reputable insurer in an amount satisfactory to the City to insure the City and the owner against all claims for loss or damage or injury occurring to any road reserve or property of the City or any person or property of any person as a result of the construction of the development or in respect of the use of the road reserve in connection with the development; and

The agreement shall be prepared by the City's solicitors to the satisfaction of the City and enable the City to lodge an absolute caveat over the land. The owner shall be responsible to pay all costs associated with the City's solicitor's costs of and incidental to the preparation of (including all drafts) and stamping of the agreement and the lodgement of the absolute caveat.

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3. The placement of alfresco furniture within the road reserve must allow for a continuous pedestrian path within the Old Great Northern Highway road reserve at all times. The pedestrian path shall have a width of no less than 1.8m wide and shall not extend beyond the existing awning which projects from the building at Lot 40 (No.1) Old Great Northern Highway, Midland, into the road reserve.

4. 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.

Implications: The proponent will be able to commence the use of the land as a ‘Fast Food Outlet’.

This is the recommended option.

Option 2: Cash-in-lieu for 'Multi-Deck' Parking

Council may resolve to grant conditional approval for the proposed ‘Fast Food Outlet’ and 'Alfresco Dining' at Lot 40 (No.1) Old Great Northern Highway, Midland and road reserve abutting Lot 40 (No.1) Old Great Northern Highway, Midland subject to the following conditions:

1. This approval is for “Fast Food Outlet” and “Alfresco Dining” as illustrated on the submitted plans received by the City of Swan.

2. The applicant or the owner or the occupier of the unit shall provide cash-in-lieu of the provision of six on-site car parking bays in accordance with the provisions of Local Planning Scheme No. 17.

3. Prior to the commencement of alfresco dining within the road reserve abutting Lot 40 (No.1) Old Great Northern Highway, Midland (“the Land”) the owner of the Land shall enter into a deed of agreement with the City of Swan (“the City”) whereby the owner:

i. indemnifies the City against any loss or damage caused to any road reserve or other property of the City or to any person or property of any person arising out of the construction of the development or the use of the road reserve in connection with the development;

ii. agrees to take out and maintain a policy of public liability insurance with a reputable insurer in an amount satisfactory to the City to insure the City and the owner against all claims for loss or damage or injury occurring to any road reserve or property of the City or any person or property of any person as a result of the construction of the development or in respect of the use of the road reserve in connection with the development; and

The agreement shall be prepared by the City's solicitors to the satisfaction of the City and enable the City to lodge an absolute caveat over the land. The owner shall be responsible to pay all costs associated with the City's solicitor's costs of and incidental to the preparation of (including all drafts) and stamping of the agreement and the lodgement of the absolute caveat.

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4. The placement of alfresco furniture within the road reserve must allow for a continuous pedestrian path within the Old Great Northern Highway road reserve at all times. The pedestrian path shall have a width of no less than 1.8m wide and shall not extend beyond the existing awning that projects from the building at Lot 40 (No.1) Old Great Northern Highway, Midland, into the road reserve.

5. 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.

Implications: At current estimates, the cash-in-lieu contribution would be $281,028.60. If aggrieved the applicant would have a right of review by the State Administrative Tribunal.

This is not the recommended option.

CONCLUSION

The application seeks approval to use the existing 21m2 tenancy at Lot 40 (No.1) Old Great Northern Highway, Midland for the purpose of ‘Fast Food Outlet’ and Alfresco Dining in the street verge abutting the building. The subject lot is zoned 'City Centre – Business' under the City’s LPS17. A ‘Fast Food Outlet’ is a ‘P’ use in the zone.

The proposal complies with all aspects of LPS17 with the exception of car parking requirements.

Two of Council’s adopted strategic documents are pertinent in the assessment of this application – the Midland Access and Parking Strategy and the Midland Activity Centre Structure Plan.

The former document has identified multi-deck public parking facilities within the town centre and a timeframe for their construction. The estimated cost per bay of such parking is $46,838.10. The Parking Strategy fulfils the requirements under the City’s Scheme to impose cash-in-lieu of parking bays as conditions of development approval.

The latter document however makes a distinction in the approach for parking provision in the town centre – it specifically recommends that additional parking should not be required for changes of use of existing buildings where no substantial expansion is proposed. The clear intent of this approach is to encourage investment and small business within the town centre.

The subject application is a change of use of a portion of an existing building with no floor space expansion whatsoever. Consistent with the explicit intent of the Midland Activity Centre Structure Plan it is recommended that no additional parking provision is required.

It is recommended that the Council approve the application, subject to standard conditions.

ATTACHMENTS

Aerial Photograph

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Site and floor plan

STRATEGIC IMPLICATIONS

Nil.

STATUTORY IMPLICATIONS

Nil.

FINANCIAL IMPLICATIONS

Midland Parking Strategy

VOTING REQUIREMENTS

Simple majority

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RECOMMENDATION

That the Council resolve to:

1) Approve the proposed ‘Fast Food Outlet’ and 'Alfresco Dining' at Lot 40 (No.1) Old Great Northern Highway, Midland and road reserve abutting Lot 40 (No.1) Old Great Northern Highway, Midland subject to the following conditions:

1. This approval is for “Fast Food Outlet” and “Alfresco Dining” as illustrated on the submitted plans received by the City of Swan.

2. Prior to the commencement of alfresco dining within the road reserve abutting Lot 40 (No. 1) Old Great Northern Highway, Midland the owner of Lot 40 (No. 1) Old Great Northern Highway, Midland shall enter into a deed of agreement with the City of Swan (“the City”) whereby the owner:

i. indemnifies the City against any loss or damage caused to any road reserve or other property of the City or to any person or property of any person arising out of the construction of the development or the use of the road reserve in connection with the development;

ii. agrees to take out and maintain a policy of public liability insurance with a reputable insurer in an amount satisfactory to the City to insure the City and the owner against all claims for loss or damage or injury occurring to any road reserve or property of the City or any person or property of any person as a result of the construction of the development or in respect of the use of the road reserve in connection with the development; and

The agreement shall be prepared by the City's solicitors to the satisfaction of the City and enable the City to lodge an absolute caveat over the land. The owner shall be responsible to pay all costs associated with the City's solicitor's costs of and incidental to the preparation of (including all drafts) and stamping of the agreement and the lodgement of the absolute caveat.

3. The placement of alfresco furniture within the road reserve must allow for a continuous pedestrian path within the Old Great Northern Highway road reserve at all times. The pedestrian path shall have a width of no less than 1.8m wide and shall not extend beyond the existing awning that projects from the building at Lot 40 (No. 1) Old Great Northern Highway, Midland, into the road reserve.

4. 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.

CARRIED

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