Form 1 - Responsible Authority Report

(Regulation 12) Application Details: Shop (Aldi Supermarket & 3 commercial

tenancies) additions and alterations to existing Phoenix Shopping Centre

Property Location: Lot 63 (No. 254) Rockingham Road, Spearwood

DAP Name: Metropolitan South West JDAP Applicant: Rowe Group Owner: The Trust Company (Australia) Limited LG Reference: 6017195 Responsible Authority: City of Cockburn Authorising Officer: Don Bothwell – Senior Planning Officer Department of Planning File No: DAP/15/00775 Report Date: 22 January 2016 Application Receipt Date: 10 April 2015 Application Process Days: 60 Days Attachment(s): 1. Amended DA plans dated Nov 2015

2. Amended plans cover letter 3. Amended Traffic Report dated Dec

2015 4. Amended Acoustic Report 5. Development Application Report 6. Google Maps Street View 7. Marked-up Site Plan

Recommendation: That the Metro South-West JDAP resolves to: Approve DAP Application DAP/15/00775 and accompanying plans DA01, DA04, DA05, DA06, LD-008 & LD-009 in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011, as depicted on plans dated Nov 2015 & Oct 2014, subject to the following conditions: Conditions

1. The submission of final material, colour and finish schedule for assessment and

approval by the City prior to the issue of a Building Permit application for new buildings.

2. All off-street parking and access thereto shall comply with Australian Standard

2890.1 to the satisfaction of the City.

3. Prior to the submission of a Building Permit for new buildings, amended plans shall be submitted showing the provision of an additional four (4) bicycle spaces in a location to the satisfaction of the City. All bicycle parking complying with Australian Standard 2890.3.

4. A detailed landscaping plan shall be submitted to and approved by the City, prior to

the issue of a Building Permit for new buildings and shall include the following:- (1) the location, number, size and species type of existing and proposed trees

and shrubs, including calculations for the landscaping area;

(2) any lawns to be established; (3) any existing landscape areas to be retained; (4) those areas to be reticulated or irrigated; and (5) verge treatments.

5. The landscaping to be installed in accordance with the approved detailed landscape

plan, must be reticulated or irrigated and maintained to the satisfaction of the City. The landscaping shall be implemented during the first available planting season post completion of development. Any species which fail to establish within a period of 12 months from planting shall be replaced to the satisfaction of the City.

6. All outdoor lighting shall be installed and maintained in accordance with Australian

Standard AS 4282 - 1997 "Control of the Obtrusive Effects of Outdoor Lighting".

7. All service areas and service related hardware, including antennae, satellite dishes and air-conditioning units, being suitably located from public view and/or screened from view from adjacent streets and/or the public domain.

8. The submission of a Construction Management Plan for the development for assessment and approval by the City prior to issue of a Building Permit for new buildings detailing how it is proposed to manage: a) access to and from the site; b) the delivery of materials and equipment to the site; c) the storage of materials and equipment on the site; d) the parking arrangements for contractors and subcontractors; e) other matters likely to impact on surrounding properties; and f) management of construction waste.

The Construction Management Plan shall be implemented at all times during the construction phase.

9. No building or construction related activities associated with this approval causing

noise and/or inconvenience to neighbours shall occur between the hours 7.00pm and 7.00am, Monday to Saturday, and shall not occur at all on Sundays or Public Holidays.

10. All stormwater being contained and disposed of on-site to the satisfaction of the City.

11. Walls, fences and landscape areas are to be truncated within 1.5 metres of where they adjoin vehicle access points, where a driveway and/or parking bay meets a public street or limited in height to 0.75 metres.

12. Prior to the issue of a Building Permit for new buildings, the owner/applicant shall: - submit to the City for approval a preliminary proposal for an art work designed be

a professional artist at a cost of 1% of the total project cost (to a maximum of $250,000), to be to be located within the subject site as an integral part of the development;

- submit to the City for approval an ‘Application for Art Work Design’; - enter into a contract with a professional artist/s to design and install (if

appropriate) the art work approved by the City. The art work shall then be installed prior to occupation of the building/development and maintained thereafter to the satisfaction of the City.

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13. Land uses approved for the commercial tenancies 1-3 include ‘Shop’, ‘Fast Food Outlet’, ‘Restaurant’ and ‘Office’, ‘Bank’, ‘Health Studio’, ‘Convenience Store’ ‘Lunch Bar’. Further planning application for changes to the above uses is not required.

14. Prior to the issue of a Building Permit for new buildings, details of the pedestrian link to

the existing shopping centre including the removal of car parking bays as required and the delineation of the pedestrian link with its own unique pavement colour to the satisfaction of the City. Details shall include an elevation or cross section showing how the pedestrian link connects with the existing footpath on the upper level.

15. Treatments of the vehicle access point off Lancaster Street to the loading dock and

Burgundy Street to the proposed development are to be provided for assessment and approval by the City prior to the issue of a Building Permit for new buildings.

16. Details are to be submitted to and approved by the City showing the existing footpath

on Lancaster Street being upgraded to a shared use path and continue across the driveway to the service area. The upgrade to a shared use shall be implemented prior to occupation and shall be at the owners/applicants cost.

17. A Dust Management Plan shall be submitted to and approved by the City, prior to any work commencing on-site. The approved Dust Management Plan shall be implemented thereafter, to the satisfaction of the City.

18. All earthworks, cleared land and batters shall be stabilised to prevent sand or dust blowing to the satisfaction of the City.

19. The premises shall be kept in a neat and tidy condition at all times by the owner/occupier to the satisfaction of the City.

20. All noise attenuation measures, identified by the Acoustic Report prepared by ND Engineering (dated 22 December 2015; Reference 1412124 Revision 1.1) are to be implemented prior to occupancy of the development (or as otherwise required by the City) and the requirements of the Acoustic Report and any subsequent Noise Management Plan are to be observed at all times.

21. A 4.0m high noise wall is to be provided to the Lancaster and March Street boundaries of the loading bay and staff car park in accordance with the recommendations of the Acoustic Report prepared by ND Engineering (dated 22 December 2015; Reference 1412124 Revision 1.1).

22. Written confirmation from a recognised acoustic consultant that all recommendations made in the Acoustic Report prepared by ND Engineering (dated 22 December 2015; Reference 1412124 Revision 1.1) have been incorporated into the proposed development, shall be submitted to the City prior to the issue of Building Permit Application for new buildings.

23. The builder shall provide written confirmation that the requirements of the Acoustic Report referred to in condition 25 have been incorporated into the completed development with the Form BA7 Completion Form, prior to occupation of the development.

24. Prior to commencing fit out of any café, restaurant or gym development, a Noise Management Plan shall be prepared to the City’s satisfaction demonstrating that noise emissions will comply with the requirements of the Environmental Protection (Noise)

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Regulations 1997 (as amended). All noise attenuation measures, identified by the plan or as additionally required by the City, are to be implemented prior to occupancy of the development (or as otherwise required by the City) and the requirements of the Noise Management Plan are to be observed at all times.

25. The development site shall be connected to the reticulated sewerage system of the Water Corporation before commencement of any use.

26. All waste and recycling materials shall be contained within bins.

27. This decision constitutes planning approval only and is valid for a period of two (2) years from the date of approval. If the subject development is not substantially commenced within the two (2) year period, the approval shall lapse and be of no further effect.

Advice Notes:

1. The application has been determined by the JDAP on the basis of the plans and information provided to the City for assessment.

2. This is a Planning Approval only and does not remove the responsibility of the

applicant/owner to comply with all relevant building, health and engineering requirements of the Council, or with any requirements of the City, or the requirements of the City. Prior to the commencement of any works associated with the development, a building permit is required.

3. The development is to comply with the requirements of the National Construction

Code. In this regard, it is recommended the City’s Building Services team should be consulted prior to the commencement of working drawings.

4. All stormwater drainage shall be designed in accordance with Australian Standard

AS3500.

5. The parking bay/s, driveway/s and points of ingress and egress are to be designed in accordance with the Australian Standard for Offstreet Carparking (AS2890.1) and are to be constructed, drained and marked in accordance with the design and specifications certified by a suitably qualified practicing Engineer and are to be completed prior to the development being occupied and thereafter maintained to the satisfaction of the City.

6. With regards to Condition 12, the art work shall be in accordance with Council’s Local Planning Policy APD 80 Percent for Art and the ‘Application for Art Work Design’ and shall include a contract between the owner/applicant and the artist, full working drawings (including an indication of where the art work is located) and a detailed budget being submitted to and approved by the City. Further information regarding the provision of art work can be obtained from the City’s Community Arts Officer on 9411 3444.

7. With regards to Condition 13, to provide maximum flexibility for tenancies 1-3, it is recommended that tenancies have appropriate back of house facilities (i.e. grease traps ect) to accommodate food related uses.

8. With regard to Condition 17 above, an Application for Approval of a Dust Management Plan form may be obtained from www.cockburn.wa.gov.au, and shall identify the

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mitigation and contingency measures proposed by the developer. Appropriate mitigation and contingency measures are outlined in the Department of Environment Regulation publication “Land development sites and impacts on air quality” (November 1996). The developer is further advised that Council approval may be required for bulk earthworks on Class 3 and 4 development sites between 1 October and 31 March the following year.

9. With regard to Condition 24 above, the Noise Management Plan shall be prepared by

a suitably qualified and recognised acoustic consultant and demonstrate that the development will comply with the requirements of the Environmental Protection (Noise) Regulations 1997 (as amended) and the City of Cockburn Noise Attenuation Policy (APD83). The Noise Management Plan is to include:

(a) Predictions of anticipated noise emissions associated with activities, plant or equipment (such as bin areas, air-conditioners, refrigeration or pools);

(b) Predictions of anticipated break out noise levels; (c) Sound proofing measures proposed to mitigate noise; (d) Control measures to be undertaken (including monitoring procedures); and (e) A complaint response procedure.

10. With regards to Condition 28, bins shall be stored in an internal enclosure within the

building(s) or within an external enclosure located and constructed to the satisfaction of the City. This information shall be submitted to and approved by the City prior to the issue of a Building Permit.

11. All food businesses shall comply with the Food Act 2008 and Chapter 3 of the

Australia New Zealand Food Standard Code (Australia Only). Under the Food Act 2008 the applicant shall obtain prior approval for the construction or amendment of the food business premises. An Application to Construct or Alter a Food Premises shall be accompanied by detailed plans and specifications of the kitchen, dry storerooms, coolrooms, bar and liquor facilities, staff change rooms, patron and staff sanitary conveniences and garbage room, demonstrating compliance with Chapter 3 of the Australia New Zealand Food Standard Code (Australia Only). The plans are to include details of: (a) the structural finishes of all floors, walls and ceilings; (b) the position, type and construction of all fixtures, fittings and equipment (including

cross-sectional drawings of benches, shelving, cupboards, stoves, tables, cabinets, counters, display refrigeration, freezers etc); and

(c) all kitchen exhaust hoods and mechanical ventilating systems over cooking ranges, sanitary conveniences, exhaust ventilation systems, mechanical services, hydraulic services, drains, grease traps and provisions for waste disposal. These plans are to be separate to those submitted to obtain a Building Permit.

12. All food handling operations shall comply with the Food Act 2008 and Chapter 3 of

the Australia New Zealand Food Standard Code (Australia Only). Under the Food Act 2008 the applicant shall complete and return the enclosed Food Business Notification/Registration Form to the City of Cockburn’s Health Services. Operation of this food business may be subject to the requirement to pay an Annual Assessment Fee under the Act.

13. Should a gym use be considered, this development would be considered a public

building and shall comply with the relevant provisions of the Health Act 1911 (as amended), and the Health (Public Buildings) Regulations 1992. An Application to

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Construct, Extend or Alter a Public Building shall be submitted for approval, prior to fit out works commencing for this development.

14. The development shall comply with the noise pollution provisions of the Environmental Protection Act 1986, and more particularly with the requirements of the Environmental Protection (Noise) Regulations 1997. The installation of equipment within the development including air-conditioners, spas, pools and similar equipment shall not result in noise emissions to neighbouring properties exceeding those imposed by the Environmental Protection (Noise) Regulations 1997 (as amended).

15. You are advised that a Sign Permit is required in accordance with the City’s Local

Laws (2000) prior to the erection of the sign. A permit is obtainable from the City’s Building Services Department.

16. Where an approval has so lapsed, no development shall be carried out without

further approval having first being sought and obtained, unless the applicant has applied and obtained Development Assessment Panel approval to extend the approval term under regulation 17(1)(a) of the Planning and Development (Development Assessment Panels) Regulations 2011.

Background: Property Address: Lot 63 (No. 254) Rockingham Road,

Spearwood Zoning MRS: Urban TPS: District Centre Use Class: Shop, Lunch Bar, Convenience Store, Health

Studio, Restaurant, Fast Food Outlet, Office & Bank

Strategy Policy: Local Commercial and Activity Centre Strategy (2012)

Development Scheme: City of Cockburn Town Planning Scheme No.3 Lot Size: 5.749 ha Existing Land Use: Shopping Centre Value of Development: $4.016 million The development application the subject of this report is for Shop (Aldi Supermarket & 3 commercial tenancies) additions and alterations to existing Phoenix Shopping Centre. The land is zoned ‘Urban’ under the Metropolitan Region Scheme and ‘District Centre’ under the City of Cockburn’s Town Planning Scheme No.3 (TPS3). The existing Phoenix Shopping Centre was constructed in the late 1970’s. Since then, there have been a number of additions and alterations including a multitude of shop fit outs within the existing Shopping Centre. The site where the Supermarket is proposed is currently occupied by the disused Centrelink Offices building. The subject land was previously subject to ‘Restricted Use No. 11’ (RU11) which applied to the ‘District Centre’ zone in the Phoenix District Centre. RU11 restricted the number of supermarkets in this area to a maximum of two (2). The City’s Local Commercial and Activity Centre Strategy (2012) recommended a review of all restrictive uses in TPS3 with the objective to remove all anticompetitive restricted use provisions that do not relate to valid planning considerations. RU11 was subsequently deleted as part of Scheme Amendment No. 96, gazette 23 June 2015.

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The Phoenix Shopping Centre currently has two (2) supermarkets (Woolworths and Coles). Scheme Amendment No. 96 has enabled a further supermarket in Aldi to propose to operate in the Phoenix Shopping Centre. This proposal is the subject of this report. Details: In detail, the proposal comprises the following:

• Aldi supermarket (shop) with a total retail area of 1,107m2; • Aldi back of house facilities including warehouse, office & staff room (416m2) with

loading dock and four (4) dedicated Aldi Staff parking bays with vehicular access from Lancaster Street;

• 3 Commercial Tenancies – Tenancy 1 - 110m, Tenancy 2 – 550m2 & Tenancy 3 – 100m2 with additional adjoining alfresco area ;

• Dedicated public art wall fronting Lancaster Street; • A 4m high acoustic wall for portions of the March Street and Lancaster Street

frontages & bicycle spaces on the Burgundy Street frontage adjacent to Tenancy 1; • Aldi signage in various locations within the centre; • Car parking bays including accessible bays accessed from the existing vehicular

access point on Burgundy Street; and • Dedicated pedestrian walkway and ramp linking the Aldi development area to the

existing shopping centre to the south. Legislation and Policy: Legislation The legislative framework providing for the assessment and determination of the subject application is as follows:

• The Planning & Development Regulations 2015 (local planning schemes) (application to be determined in accordance with the provision of Part 9 of the Regulations ‘Procedure for Dealing with Applications for Development Approval’); &

• The site is zoned “District Centre” under the City’s TPS3.

State Government Policies

• State Planning Policy 4.2 - Activity Centres for Perth and Peel (SPP 4.2).

Local Policies:

• Local Planning Policy APD72 – Signs and Advertising. The policy outlines the requirements for various signage proposed within the City. The policy ensures that the display of advertisements on properties does not adversely impact upon the amenity of the surrounding areas while providing appropriate exposure of activities or services. Aldi Stores are proposing a number of signs as part of the proposal which have been assessed against APD72.

• Local Planning Policy APD80 – Percent for Art. This policy seeks to achieve delivery

of public art for large development applications. All commercial developments exceeding an estimated cost of development of over $1 million is required to set aside 1% of the estimated project cost for an art piece on the subject site.

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Consultation: Public Consultation The application has not been the subject of public consultation. Consultation was not deemed necessary given general compliance with the planning controls that apply to the location and/or their intent. The use of a “Shop” is a “P” use within a District Centre zoning with the proposed additions and alterations fitting within the existing land parcel of the Phoenix Shopping Centre. Importantly, it has been considered that no aspects of the proposal are likely to have an undue impact on the amenity of the adjoining/nearby residents. Planning assessment: The following comments deal with the compliance of the proposal relative to the planning controls that apply to the subject land and location. The majority of planning considerations applicable in the assessment of the proposal are contained within the City’s TPS3. TPS3 Considerations Land Use As mentioned above, the use of “Shop” is a “P” use under the City’s TPS3. The predominant land use proposed for the site of the Aldi Store is a classified as a shop which is a permitted use under the scheme. The applicant has proposed a number of uses to be approved for Tenancies 1-3 to allow maximum flexibility and convenience. As outlined in the applicants report (attached), the following uses are sought for approval for the commercial tenancies 1-3:

• Bank; • Office; • Veterinary Consulting Rooms; • Betting Agency; • Fast Food Outlet; • Showroom; • Restaurant; • Health Studio; • Medical Centre; • Convenience Store; • Lunch Bar; & • Shop.

The City supports the majority of the uses requested by the applicant to be approved for Tenancies 1-3 as part of this approval. The applicant has indicated to the City that the likely use for the larger Tenancy 2 would be that of a Gym which is classified as a Health Studio under TPS3. The use of a gym in this larger tenancy is supported and, should the JDAP approve the proposal, conditions and advice notes can be imposed based on a gym operating in this tenancy. For the smaller Tenancies 1 & 3, the applicant has indicated that these would likely be occupied by food & beverage type uses. The City considers that this type of use would activate the area and provide increased amenities to the local community. The City does not support the uses of Veterinary Consulting Rooms, Betting Agency, Showroom, Medical Centre and Consulting Rooms as speculatively approved uses for these

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Tenancies. With regards to the consulting room type uses, it is considered that these would need to be considered as part of a change of use development application as they are quite specific and would have to be assessed on their merits with the number of consultants required to be conditioned based on individual proposals. The use of Showroom being a “D” use would also have to be considered as part of a change of use application and would not necessary be considered to be a compatible use for these tenancies. Given that there is an existing TAB less than 100m north-west of the subject site, it is considered that a change of use application would be required to be submitted to the City for any proposed betting agency with no guarantee of approval. Design & Pedestrian Experience The plans which are the subject of this report dated November 2015 have been amended at the City’s request to incorporate the following important design principles:

• Safe and legible pedestrian connectivity to shopping centre at the upper deck (main entrance), and lower deck;

• Pedestrian connectivity and amenity to surrounding residential area; & • Blank frontage to Lancaster Street which is identified as one of the key streets in the

Phoenix Revitalisation Strategy. The amended plans submitted address some of the important design elements that were identified. The amended plans propose a dedicated pedestrian walkway to the south of the proposed development area. The pedestrian path will provide a safe and weather protected connection from the proposed development to the existing Shopping Centre. In addition, the pedestrian ramp connects the proposed development to the upper parking deck and entrance to the shopping centre to the south. These important modifications to the plans are consistent with Clause 5.9.4 - Convenience and Functionality of TPS3 which requires that Commercial Developments be designed to ensure convenience and functionality for those who use the development in terms of convenience, safety and amenity and accessibility. Although the principles of the dedicated pedestrian walkway and ramp are supported and encouraged by the City, the plans submitted lack detail in relation to how the pedestrian link connects with the existing footpath on the upper level. Accordingly, should the JDAP approve the proposal condition 14 has been recommended to be imposed requiring details of this through an elevation or cross section plan. The amended site plan shows the proposed dedicated pedestrian walkway going through existing car bays, which is not considered acceptable by the City. As such, if JDAP resolves to approve the development, recommended condition 14 also requires amended plans to be submitted to the City showing the deletion of car bays as required to facilitate the proposed new pedestrian link. Moreover, recommended condition 17 also requires that the proposed pedestrian link is delineated with its own unique pavement colour to the satisfaction of the City. A portion of the northern (Lancaster Street) elevation of Tenancies 1-2 has been set aside for the provision of a Public Art Wall Graphic. It is considered that this will create interest as viewed from Lancaster Street, breaking up the long uninterrupted portion of wall on this elevation. If the JDAP resolves to approve the subject development, a condition should be included to ensure the provision of art for the development in accordance with APD80. Setbacks & Amenity The setbacks proposed are consistent with the requirement of clause 5.9.1 – Building Setbacks of TPS3 which requires buildings shall be setback from the boundaries or erected on boundaries so that the amenity of the adjoining buildings is minimised and the scale and

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bulk of the proposed building is compatible with the streetscape. It is considered that the bulk and scale of the development are consistent with the surrounding development. Similarly, clause 5.9.3 (b) of TPS3 requires that building shall be designed so that it is complementary with its surroundings in terms of their external appearance, design, height, scale and bulk. Due to the existing retaining wall on the Lancaster Street boundary of approximately 1.5m in height as seen on the google maps street view (attached), Tenancy 1 and 2 will be positioned well below the street level concealing the majority of the building as viewed from the Lancaster Street frontage. In addition, the existing thick vegetation on Lancaster and March Street will assist in screening the development from the surrounding properties. Signage The applicant is seeking approval for a series of Aldi Signs on the site. The signage proposed as demonstrated on plans LD-008 & LD-009 as well as the elevation plans provided (DA5 & DA6) are as follows:

• Four (4) new signage panels added to the existing pylon sign on Rockingham Road; • One (1) new signage panel added to the existing entry sign on Rockingham Road; • Three (3) large gable signs; • One (1) small gable sigs; • One (1) poster box sign; • One (1) illuminated dock entry sign; & • One (1) directional sign.

The proposed signs have been assessed against the APD72 and satisfy the relevant requirements relating to the proposed Vertical Signs, Horizontal Signs and Pylon Signs under the policy. The proposed signs are not considered to have an undue impact on the amenity of the immediate locality as well as provide a sufficient level of exposure for the proposed supermarket. If the JDAP was inclined to support the application, an advice can be imposed for a sign permit to be submitted to and approved by the City. Car Parking With regards to the car parking requirement for the proposal, the car parking standards of State Planning Policy 4.2 – Activity Centres for Perth and Peel (SPP 4.2) have been applied. This is consistent with the car parking rate used for other centres with the City. As the proposal is consistent with objectives of the provisions of SPP 4.2, applying the standard of 5 bays/100m2 has been applied as outlined in the below table: Development Component

Floor Space Before Development

Area Lost /Gained Floor Space After Development

Shop 0m2 1,523m2 1,523m2

Tenancy 1 0m2 110m2 110m2

Tenancy 2 0m2 550m2 550m2

Centrelink (Existing)

1,440m2 0m22 19,125m2

Existing Centre 19,125m2 0m2 19,125m2

Total 20,565m2 843m2 21,408m2

Floor Space After Development

Parking Requirement

(SPP 4.2)

Bays Required After Development (SPP

4.2)

Bays Provided After Development

21,408m2 5 bays per 100m2 1,070.4 (1,071) 1,176

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As demonstrated above, there will be a surplus of 105 car bays for the Phoenix Shopping Centre as a whole incorporating the new Aldi Supermarket and three (3) commercial tenancies. As the subject development is located on high frequency bus routes on Rockingham Road and given that many shoppers currently visit the centre on foot it is considered that car parking will suffice. If the proposed Tenancy 2 is occupied by a Gym, it is considered that the car parking will have a reciprocal function, with gym peak times typically outside of normal shopping center hours. If Tenancies 1 & 3 are occupied by food and beverage type uses it is envisaged that some locals will be walking or riding to these tenancies. For those visiting the center by car, there will be ample conventional spaces as well as two (2) new accessible spaces located conveniently within close proximity to the Aldi Store entrance. It is noted that the applicant is proposing a variation of six (6) bicycle spaces in-lieu of the required ten (10) spaces. The proposed location for the six (6) bicycle spaces is supported and considered to be an excellent location within close proximity to the commercial tenancies and the location of tables and chairs off Burgundy Street. In the interest of sustainability and travel smart principles, the applicant should be required to provide the full bicycle parking requirement of ten (10) spaces. It is considered that an appropriate location for the provision of the required additional four (4) bicycle spaces would be close to the dedicated Aldi staff parking area and the 110m2 landscaped area adjacent to the Lancaster Street frontage. The additional four (4) bicycle spaces could be utilised to Aldi Staff. This would promote sustainability and encourage locals who are employed by Aldi to ride to work as opposed to driving. Accordingly, should the JDAP approve the proposal a condition should be imposed for an additional four (4) bicycle spaces to be provided in a location to the satisfaction of the City prior to the issue of a Building permit. Acoustics An Acoustic Report was originally submitted when the Form 1 application was lodged. Accompanying the amended plans when submitted to the City in December 2015 was an amended Acoustic Report to reflect the changes in the design to the proposed plans. In addition, the original Acoustic Report noted that there would be 24 hours a day, 7 days a week loading/unloading to the Aldi Store. It became apparent that Aldi only required servicing between 7am – 10pm. As such, the Acoustic Report was amended to reflect this. The only change in the recommendations in the Acoustic Report was that the height of the Acoustic Wall required to the servicing area was to be reduced from 5m to 4m. If the JDAP resolves to approve the proposed Supermarket, a condition should be applied for the Acoustic Wall proposed as part of the recommendations of the Acoustic Report on the March Street and Lancaster Street frontages to be provided as required. When applying any relevant conditions to the proposed development, the proposed variety of land uses proposed as part of the development for Tenancies 1-3 has been considered in the City’s assessment. An example of this is recommended condition 19. This condition ensures that if a Café, Restaurant or Gym development is proposed, prior to commencing a fit out, a Noise Management Plan be submitted to the City in compliance with the requirements of the Environmental Protection (Noise) Regulations 1997 (as amended). This condition is considered diligent and reasonable and if the JDAP resolves to approve the development should be included as a condition. Landscaping It is considered that the Landscaping provided as part of the proposal satisfies the relevant requirements of Clause 5.9.2 – Landscaping. In accordance with Clause 5.9.2 (f) Shade

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Trees have been provided to the car parking areas at a rate of one (1) tree per ten (10) parking bays. This is considered to enhance the amenity of the car parking area providing weather protection and contributing to the reduction of the Urban Heat Island affect which can be exaggerated in large car parking areas absent of trees. The 110m2 and 290m2 landscaping area proposed in the development area are considered sufficient and are supported by the City. The allocation of soft landscaping with Tables and Chairs near the main entrance of Burgundy Street is also supported and considered an excellent place for shoppers of the Aldi Store and patrons on Tenancies 1-3 to sit down and relax. Importantly, the applicant is proposing to retain the existing belt of natural vegetation on March Street and Lancaster Street. The thick scrubs and trees up to 9m in height on the March Street frontage act as a buffer from the development to the residential dwellings immediately to the east. It is considered that the existing thick hedge vegetation up to 4m in height on the Lancaster Street frontage also serves an important function screening the proposed blank wall to Tenancies 1 and 2 from the street. Moreover, the existing vegetation will continue to provide some pedestrian amenity for those using the footpath on Lancaster Street as well as continue to act as a screen to the existing residential dwellings on the northern side of Lancaster Street. Traffic The City’s Transport Engineer has reviewed the Transport Impact Assessment as amended dated December 2015 (attached) and has advised that the development appears acceptable and manageable on the surrounding road network. When the original plans were assessed by the City’s Transport Engineer in May 2015, a marked up site plan (attached) was provided to the applicant identifying a number of issues relating to the car park and pedestrian aspects of the development. It is noted that the design of the development has now changed with the amended plans dated December 2015, however, the City’s Transport Engineer has commented that these issues will still need to be addressed at the detailed design stage. The City’s Transport Engineer has recommended that the existing footpath within the Lancaster Street road reserve be upgraded to a shared path as indicated on the marked-up site plan originally provided to the applicant. If the JDAP was inclined to support the development, a condition requiring for the upgrade of the existing footpath on Lancaster Street to a shared path and continue across the driveway to the service area should be included. Conclusion: The proposed development is consistent with the expectations for the locality and its district centre zoning and is not considered to have an undue impact on the surrounding residential area. The proposed development satisfies the provisions of the City’s TPS3 and relevant local planning policies. The development will also assist in providing a pedestrian friendly environment and increased overall amenity in the Centre. It is therefore recommended the Metropolitan South-West Joint Development Assessment Panel resolve to conditionally approve the development application in accordance with the Clause 68 of Part 9 of the Planning and Development (local planning schemes) Regulations 2015.

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