application for car wash and tyre change business and

Ordinary Meeting of Council 12 December 2018

3.7 APPLICATION FOR CAR WASH AND TYRE CHANGE BUSINESS AND EXTENSION TO EXISTING WAREHOUSE/SHOWROOM - LOT 54 (NO.50) BONNER DRIVE, MALAGA (DA360-18)

Ward: (Whiteman Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application seeks planning approval for a proposed Car Wash and Tyre Change Business and an Extension to an existing Warehouse/Showroom at Lot 54 (No.50) Bonner Drive, Malaga.

• The subject land is zoned 'Industrial' under the Metropolitan Region Scheme (MRS) and 'General Industrial' under the City's Local Planning Scheme No.17 (LPS17). The proposed development is a 'P' use within the General Industrial zone.

• The current application seeks to operate a car wash and tyre changing station 420m2 and extend the current Warehouse/Showroom from 1,750m2 to 1,945m2.

• The proposed plot ratio is 0.82:1 in lieu of 0.6:1 under POL-TP-124 - "Building and Development Standards - Industrial Zones".

• Electronic Signage on Building 8.05m x 1.25m = 10.06m2

• Parking shortfall (49 required, 38 provided, 11 bay shortfall)

• The applicant has demonstrated that the existing car parking bays are significantly underutilised. The warehouse/showroom expansion will not increase demand on car parking bays and proposed car wash and tyre change business parking requirement can be achieved within the existing underutilised car parking bays.

It is recommended that the Council approve the Car Wash and Tyre Change Business and Extension to the Existing Warehouse/Showroom at Lot 54 (No.50) Bonner Drive, Malaga with no requirement for cash-in-lieu for the eleven (11) car parking bay shortfall, and subject to appropriate conditions.

AUTHORITY/DISCRETION

The Council may approve (with or without) conditions or refuse to approve the proposed development pursuant to Clause 10.3 of the Local Planning Scheme No.17 (LPS17). If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 5 of the Planning and Development Act 2005.


BACKGROUND

Applicant: Nam Nguyen Owner: WA Nails & Beauty Supply Pty Ltd (Director: Thanh

Tong Pham) Zoning: LPS17 - General Industrial MRS - Industrial Strategy/Policy: POL-C-070 Advertising Signs within the Commercial

and Industrial Zones POL-TP-124 Building and Development Standards - Industrial Zones POL-TP-129 Vehicle Parking Standards

Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Warehouse Lot Size: 2858m2 Use Class: 'P'

DETAILS OF THE PROPOSAL

The proposal consists of an expansion to an existing warehouse/showroom and a proposed car wash and tyre changing business.

The existing warehouse/showroom is currently 1,750m2 in area and is proposed to be 1,945m2 with the extension at the northwest corner of the site. The Warehouse/Showroom is used for storage of nail and beauty products to be sold by wholesale, which is currently in operation. The Warehouse/Showroom is not intended to be open to the public. There are currently three (3) employees with no additional staff to be employed.

The carwash and tyre changing business will be 420m2 in area and located in the southeast corner of the site. The car wash and tyre changing business will employ three (3) staff and operate between 9am and 5pm weekdays. All tyres, old and new, will be stored in the warehouse.

The addition of the warehouse/showroom extension, car wash and tyre changing business will increase the plot ratio to 2,365m2 = 0.82:1 in lieu of 0.6:1 as specified in the site requirements under POL-TP-124 - Building and Development Standards - Industrial Zones.

DESCRIPTION OF SITE

Lot 54 (No.50) Bonner Drive, Malaga (the subject site) is zoned 'General Industrial' under the City's Local Planning Scheme No.17 (LPS17) and 'Industrial' under the Metropolitan Region Scheme (MRS). The subject site is bound by General Industrial land to the north, south, and east; and Bonner Drive to the west. Access to the subject site is achieved from Bonner Drive and the nearest intersection is Capital Road. The topography of the site is generally flat.


SITE HISTORY/PREVIOUS APPROVALS

DA-10473/1997 - Warehouse/Showroom

DA-9965/1996 - Warehouse/Showroom

DA-9235/1995 - Office/Warehouse/Showroom

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil

APPLICANT'S SUBMISSION

• The warehouse/showroom extension is for storage/wholesale use only.

• The below table demonstrates that Local Planning Policy POL-TP-129 calculates parking to be 49 bays whereas the actual demand is for a maximum of 13 car parking spaces (inclusive of work bays and wash stalls).

• The proposal satisfies the other Local Planning Policy warehouse parking requirements of two (2) spaces per person employed or a minimum of six (6) spaces.

• There is an operational surplus of 29 car parking bays to requirements.

• The provision of an accessible parking bay results in the loss of one (1) parking bay from the existing provision. This has been located so that it is available to the building entrance.

• Eleven (11) on-street parking bays are available opposite the subject site. These are built and there is no statutory planning mechanism to require retrospective contributions.

• No additional on-street parking adjacent to the site under the Malaga Parking Strategy.

• The Malaga Parking Strategy is not recognised in Local Planning Policy POL-TP-129 Vehicle Parking Standards and is therefore not an applicable instrument for the purposes of clause 67 of the Regulations.

• The subject site is under one ownership and car parking can be shared between the business activities.

• Based on business demands the development meets all employee and customer demands for on-site car parking.


PUBLIC CONSULTATION

Nil

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Nil

DETAILS

Local Planning Scheme No.17

The subject site is zoned 'General Industrial' under Local Planning Scheme No.17 (LPS17). The proposed 'motor vehicle repair', 'motor vehicle wash', and 'warehouse' are all permitted uses within the 'General Industrial' zone, and can therefore be considered.

Local Planning Policy POL-TP-124 - Building and Development Standards - Industrial Zones

The proposed extension to the warehouse/showroom seeks to increase the floor area from 1,750m2 to 1,945m2, in addition to the 420m2 proposed car wash and tyre changing station. This will result in the total onsite plot ratio being increased to 0.82:1 in lieu of the maximum plot ratio of 0.6:1 prescribed for the General Industrial zone under the City’s POL-TP-124.


The bulk and scale of the proposed warehouse/showroom extension is not out of character with the area and is considered unlikely to negatively impact the visual amenity.

Local Planning Policy POL-TP-129 - Vehicle Parking Standards

The vehicle parking requirement is as follows:

Land Use POL-TP-129 Parking Standard

Bays Required

Warehouse 1:50m2 1,945m2 39

Motor Vehicle Wash 5 per 2 wash stalls (wash stall shall be accounted as a space)

2 stalls 5

Motor Vehicle Repair 4 per 1 work bay plus 1 per employee

1 bay 1 employee

5

Bays required 49 bays

Bays proposed 38 bays

Shortfall 11 bays

The applicant has provided justification regarding the shortfall of parking bays required under POL-TP-129 - Vehicle Parking Standards. The business currently operating from the warehouse/showroom is expanding their wholesale operation, which currently has three (3) staff and does not propose any new staff. The nature of the wholesale business does not attract many customers attending the location.

A review of aerial photos of the site demonstrates that the car park typically has between two (2) to five (5) cars parked on site at any one time, both during weekdays and weekends, while there are currently 44 bays provided at the site. Based on current usage of the car park, there is a significant underutilisation of the existing car parking bays.

The proposed car wash and tyre change business requires 10 bays as specified by POL-TP-129.

The car parking demand for the existing warehouse/showroom and proposed extension is not expected to increase, while the car wash and tyre change business parking requirement could be achieved through the currently underutilised car parking bays.

Given this, a cash-in-lieu payment for eleven (11) car bays should not be imposed as per POL-TP-129.


OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the Car Wash and Tyre Change Business and Extension to the Existing Warehouse/Showroom at Lot 54 (No.50) Bonner Drive, Malaga with no requirement for cash-in-lieu for eleven (11) car parking bays and subject to appropriate conditions.

Implications: The development may proceed.

This is the recommended option.

Option 2: Council may resolve to approve the Car Wash and Tyre Change Business and Extension to the Existing Warehouse/Showroom at Lot 54 (No.50) Bonner Drive, Malaga with the requirement for cash-in-lieu for eleven (11) car parking bays and subject to appropriate conditions.

Implications: The development may proceed.

This is not the recommended option.

Option 3: Council may resolve to refuse the Car Wash and Tyre Change Business and Extension to the Existing Warehouse/Showroom at Lot 54 (No.50) Bonner Drive, Malaga for the following reasons:

1. The proposed extension, car wash and tyre change business exceeds the site plot ratio as specified in POL-TP-124 - Building and Development Standards in Industrial Zones.

2. Shortfall of eleven car parking bays as required under POL-TP-129 - Vehicle Parking Standards.

Implications: The applicant would have a right of appeal to the State Administrative Tribunal.

This is not the recommended option.

CONCLUSION

The application is for an Extension to an existing 'Warehouse' and the addition of 'Motor Vehicle Repair' and 'Motor Vehicle Wash' at Lot 54 (No.50) Bonner Drive, Malaga. The land is zoned 'General Industrial' under the City's Local Planning Scheme No.17 (LPS17) and 'Industrial' under the Metropolitan Region Scheme (MRS) where the land uses are 'P' and capable of approval.

The warehouse/showroom is used for storage of products to be sold by wholesale and is not intended to be open to the public. The current business will continue to operate in the expanded warehouse/showroom and will not increase the number of staff.

The car wash and tyre changing business will be operating between 9am and 5pm weekdays. It will be operated by three (3) employees.


The development has access to 38 car parking bays. There is a parking shortfall of 11 bays, however the applicant has demonstrated that the wholesaling use of the warehouse/showroom has resulted in the existing car parking bays being underutilised and the warehouse/showroom expansion would not change this. Parking requirements for the car wash and tyre changing business can be achieved. A cash-in-lieu payment for the shortfall in car parking bays should not be required. Approval subject to conditions is recommended.

ATTACHMENTS

Location Plan

Site Plan

Elevations

Car Parking Assessment Report

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Local Planning Scheme No. 17

Local Planning Policy POL-TP-124 - Building Development Standards- Industrial Zones

Local Planning Policy POL--TP-129 Vehicle Parking Standards

Malaga Parking Strategy

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Approve the Car Wash and Tyre Change Business and Extension to the existing Warehouse/Showroom at Lot 54 (No.50) Bonner Drive, Malaga, subject to the following conditions:

1. A maximum of three (3) staff members are permitted on the site in association with the Warehouse/Showroom.

2. A maximum of three (3) staff members are permitted on the site in association with the Car Wash and Tyre Change Business.

3. The operation hours of the Car Wash and Tyre Change Business shall be limited to Monday to Friday between 9am and 5pm.

4. 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.

5. The premises shall be kept in a neat and tidy condition at all times to the satisfaction of the City.

6. Car parking bays and areas designated for landscaping, shall not be used for the storage, display or selling of any goods or vehicles whatsoever.

7. No fluid, other than uncontaminated stormwater is to enter any stormwater drain without prior approval from the City and the Environmental Protection Authority.

8. 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.

9. 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.

10. The sign(s) shall not flash or pulsate to the satisfaction of the City of Swan.

11. 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

application for car wash and tyre change business and

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