proposed change of use to a place of worship - lot …...ordinary meeting of council 27 july 2016...

Ordinary Meeting of Council 27 July 2016

3.5 PROPOSED CHANGE OF USE TO A PLACE OF WORSHIP - LOT 2373 (NO.42) COOLAMON BOULEVARD, ELLENBROOK (DA191-16)

Ward: (Ellenbrook Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application is for a change of use from a ‘Health and Weight Loss Centre’ to a ‘Place of Worship’ at Lot 2373 (No.42) Coolamon Boulevard, Ellenbrook.

• The subject lot is zoned 'Urban' under the Metropolitan Region Scheme (MRS) and 'Special Use 4' under the City’s Local Planning scheme (LPS17). As per Outline Development Plan 90 (ODP90), the subject lot is zoned ‘Special Purpose’ and a ‘Place of Worship’ is a discretionary use in this zone.

• The subject lot is part of a strata development (Detailed site Plan – Lot 2373 Coolamon), comprised of 25 strata titles and with common property containing 53 car bays.

• The lot is located within 80m of Coolamon Oval, which contains 29 car bays and is within 200m of the 40 bays at the tennis courts. On Mornington Parade and Coolamon Boulevard, within 200m of the subject lot there are 31 roadside parking bays.

• The application was advertised to all landowners within the detailed site plan area and to the properties on the southern side of Coolamon Boulevard for 21 days. Eight (8) responses were received including 7 objections and 1 non-objection. The objections cited noise, lack of parking, concerns that the congregation will grow and a lack of a strata management as reasons for their objections.

• The applicant has advised that the facility will accommodate up to 52 people and has two onsite parking bays. As per POL-TP-129, the ‘Place of Worship’ results in a parking shortfall of 11 bays. This represents a 2 bay decrease in the parking shortfall for the existing use as a ‘Health and Weight Loss Centre’.

• The proposed ‘Place of Worship’ has addressed concerns with the parking shortfall through the proposed hours of operation and the availability of 100 parking bays outside the strata development and with 200m of the subject lot.

It is recommended that the Council resolve to approve the proposed Change of Use from a ‘Health and Weight Loss Centre’ to a ‘Place of Worship’ at Lot 2373 (No.42) Coolamon Boulevard, Ellenbrook.


AUTHORITY/DISCRETION

LPS17 (cl.10.3)

Council has discretion in accordance with cl.10.3 of Local Planning Scheme No. 17 to approve (with or without conditions) or refuse the application.

2015 Regulations (cl.68(2))

Council has discretion in accordance with cl.68(2) of the Planning and Development Local Planning Schemes) Regulations 2015 to determine an application for development approval by:

• granting development approval without conditions; or

• granting development approval with conditions; or

• refusing to grant development approval.

RIGHT OF REVIEW

LPS17 (cl.10.10)

In accordance with cl.10.10 of Local Planning Scheme No.17 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.

2015 Regulations (cl.76(2)

In accordance with cl.76(2) of the Planning and Development Local Planning Schemes) Regulations 2015 an affected person (meaning the applicant of the subject development application or the owner of the subject land) may apply to the State Administrative Tribunal for a review of a reviewable determination in accordance with the Planning and Development Act 2005 Part 14.

PROPOSAL & PROPERTY DETAILS

Applicant: Jeffery Ivan Misso Owner: Arthur Patrick Marshall Zoning: LPS17 - Special Use 4 MRS - Urban Strategy/Policy: ODP90, Development Scheme: LPS17 Existing Land Use: Gym (Health and weight loss centre) Lot Area: 361m2 Use class Permissibility: Place of Worship 'D'


DETAILS OF PROPOSAL

The application proposes a change of use from a ‘Health and Weight Loss Centre’ to a ‘Place of Worship’ at Lot 2373 (No.42) Coolamon Boulevard, Ellenbrook.

The subject lot is located within the Outline Development Plan No.90 area, where it is zoned 'Special Use – Mornington Parkway Mixed Use Precinct'. The subject lot is part of a strata development, which is covered by a detailed site plan. The strata contains an internal park and 53 car bays.

The subject lot is 361m2 with an existing 242m2 building zoned for a 'Health and weight loss centre’ and with two onsite car bays at the rear.

The maximum number of staff onsite at any one time is 2, with a maximum of 50 patrons. The applicant has confirmed that the church currently has 50 members. Due to concerns of the congregation growing, the assessment has considered the church growing to 75 members.

The Place of Worship is proposed to be open on Tuesday to Friday from 9am to 1pm for administrative purposes and for scheduled private meetings with the church’s two staff members. The Place of Worship will be open 6pm to 8pm on Saturday for prayer meetings and from 10am to 2pm on Sunday for church services.

PUBLIC CONSULTATION

Public consultation was completed as per the following:

Duration: 21 days from 22/04/2016 to 13/05/2016

Method: • Sign on Site • Notification Letters to landowners within detailed site plan area

and on the southern side of Coolamon Boulevard.

Submissions received: 8

• 7 objections • 1 non-objections

The assessing Officer's responses to these objections are included in the 'Details' section of this report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

No other agencies were consulted.

ASSESSMENT


Zoning & Permissibility of Land Use

Then subject property is zoned 'Urban' under the MRS and 'Special Use 4' under the City’s LPS17.

The proposal is for a change of use to a church, which is classified as ‘Place of Worship’ pursuant to LPS17 and as such is a ‘discretionary' use within the Special Use 4 zone. The subject lot is located within ODP90, which designates it as ‘special purpose’ and a ‘Place of Worship’ is a discretionary use in this zone.

The objectives of the Special Use 4 are:

a) To provide for the development of a functional and cohesive community consistent with orderly and proper planning and in the interest of the amenity of the Estate;

b) To encourage variety in the range of lot sizes and dwelling types within the Estate but consistent with a cohesive and attractive built environment;

c) To enhance the Estate with the provision of open space and recreation networks and facilities with particular attention being given to the timely provision of appropriate community services;

d) To make provision for school sites and other appropriate educational facilities within the Estate designed to encourage their management and use as a resource for local communities;

e) To provide appropriate retail and commercial facilities to service the needs of residents of the Estate and with a view to the integration of retail areas with other commercial and business areas and with social services so as to maximise convenience;

f) To provide retail and commercial centres, business parks and industrial and service areas to satisfy the need for such services within the Estate and to provide local employment opportunities;

g) To employ strategies and designs aimed at optimising accessibility to local centres by the use of comprehensive movement networks and by other means which will facilitate connection with public transport and arterial road links to Midland, Perth and other parts of the Metropolitan Region

The proposal does not prejudice any Objectives of the Special Use 4 zone.

Noise

The generation of noise from the proposed ‘Place of Worship’ was raised as a concern in four (4) submissions.

The proposed hours of operation will mitigate these concerns. The church is proposed to be open from Tuesday to Friday for administrative purposes and for private scheduled meetings with the two staff members. This will not generate any additional noise. The Saturday prayer class from 6pm to 8pm is outside the opening hours of surrounding businesses and will have a maximum of 15 persons in attendance (a conservative estimate given only 6 persons currently attend). The prayer meetings will not involve music and will not generate noise above the level of a standard house.

The majority of noise impacts from the Place of Worship will occur during the Sunday church services from 10am-2pm. The services will incorporate singing and live music


from an electric keyboard and an electric guitar. This activity is not expected to have an adverse impact on the amenity of surrounding properties as the vast majority of businesses are closed on a Sunday and the music will only occur in the first hour of the service.

POL-TP-129 Vehicle Parking Standards

Objections on the basis of parking concerns were raised in four (4) submissions.

Existing Use (DA076-06)

The car parking requirement for the approved use as a gym (health and weight loss centre) was calculated on 1 car parking space per 14m2 of gross floor area. The Unit was 242m2 with 4 rear parking bays, resulting in a shortfall of 13 bays. The assessment report for DA076-06 determined that the parking shortfall would not be an issue considering the 48 car parking bays not designated for any individual units within the strata complex, and the street parking and 28 bays at Coolamon Oval.

Surrounding Approved Land Uses

The medical centre on Strata Lots 31 & 32 Mornington Parkway has 13 bays provided onsite with a shortfall of 7 bays calculated on 1 bay/18m2 of GLA. As part of the approval, the medical centre was given the reciprocal access through the childcare centre car park, which was determined to assist both businesses in providing adequate car parking during peak times.

The Childcare centre at 45 Mornington Parkway has 17 parking bays provided onsite as per the planning approval DA14105-02.

The consulting rooms at 41 Mornington Parkway (DA569-15) contain 4 onsite parking bays. Consulting rooms with a single health practitioner (other than a GP) requires 4 parking bays. A consulting room with a GP requires 6 bays. It was considered reasonable to approve the consulting rooms for use by any single health practitioner, rather than specifically limiting it to a non-GP, which resulted in a 2 bay parking shortfall.

The property at 37 Mornington Parkway has approval for an office - service (real estate ((DA574-05)). The parking requirement was calculated on 4 spaces per 100m2, requiring 7 bays. There is a double garage on site, resulting in a 5 bay shortfall. It is noted that the property is operating as an unapproved medical centre.

The beauty salon at 40 Coolamon Boulevard (DA544-07) requires 4 bays for a single practitioner. 2 bays are provided onsite, resulting in a 2 bay shortfall.

The vet clinic at 40 Coolamon Boulevard operates in the space approved for Consulting Rooms (Private Physiotherapy Practice) which requires 4 bays for a single practitioner. 2 bays are provided onsite.

The 550m2 offices approved at 44 and 46 Coolamon Boulevard (BL002-00) are currently operating as a lunch bar at 44 Coolamon and eight (8) office suites including a radio studio (DA173-06) at 46 Coolamon. No parking is provided onsite and based on the requirement for 4 spaces per 100m2, there is a 20 bay shortfall in parking.

58 Coolamon Boulevard has approval for two shops (DA427-12). There is a parking requirement of 15 and with 2 provided onsite, resulting in a 13 bay shortfall.

The Single House at 16 Pinegrove Drive only has one car bay, resulting in a 1 bay shortfall.


The combined parking shortfall for the approved surrounding land uses within the strata is 52.

Proposed ‘Place of Worship’

Under the City’s Building and Development Standards POL-TP-129 – Vehicle Parking Standards, the use class ‘Place of Worship’ requires the parking provision of 1 car space for every 4 persons accommodated. The applicant has advised that a maximum 52 will be accommodated, including two staff. Two bays are provided onsite, leaving a shortfall of 11 bays. This represents a two (2) bay reduction in the car parking requirement.

A site visit undertaken by City of Swan staff during the peak expected hours of operation (Sunday 9.45am) provided no cause for concern. There were 38 internal strata bays available and all 31 bays along Mornington parade and all 41 bays at Coolamon Oval pavilion were available.

Hours of Operation

The operation of the ‘Place of Worship’ from Tuesday to Friday will have minimal impact on the availability of parking within the strata as only the two staff will be permanently onsite with bookings for one-on one meetings with scheduled visitors only. There are two bays provided on site, therefore the only demand for parking will be generated by occasional bookings with clients.

The ‘Place of Worship’ will be open from 6pm to 8pm on Saturday to hold prayer meetings. It is noted that the café is the only other business open at this time and there is sufficient parking outside of the strata if necessary, to accommodate 15 persons.

The church service on Sunday from 10am to 2pm coincides with the regular opening hours of only three (3) other businesses being Ellenbrook Essential Therapies, the medical centre and the Coolamon Café. The medical centre has onsite parking and will not be impacted by the proposed change of use. The parking shortfall for Ellenbrook Essential Therapies and Coolamon café is 8 bays, which can be accommodated within the strata with the additional 11 bays from the proposed ‘Place of Worship’. It is notable that Coolamon Café and Ellenbrook Essential Therapies are both approved as offices (DA574-05 and BL002-00), which is not reflective of the actual use of the land.

It has been queried whether the availability of surrounding on-street parking may be limited by the potential loss of 20 parking bays in close proximity (Lots 2184 and 2185 Mornington Parade) and increased demand associated with weekend sport at Coolamon Oval. These concerns have been addressed through the exclusion of the 20 parking bays on Mornington Parade in the parking calculations and by analysing the patronage of Coolamon Oval. It was found that the Ellenbrook Junior and Senior Football Clubs, and the Ellenbrook Cricket Club have moved their training and games to Ellenbrook District Open Space (EDOS), which removes the sporting codes with the greatest parking requirements. Coolamon Oval is now only used by hockey and netball in winter and by little athletics in summer, with all sporting codes using the oval for training during the week. Only junior hockey games take place on a Sunday with approximately 50 competitors. It is determined that with the 100 bays outside of the strata, there is sufficient parking to accommodate both the church and hockey uses and that the peak use of the oval parking on Saturday, does not coincide with the Church service on Sunday or the prayer meeting on Saturday night.


Potential growth in the congregation

The applicant has stated that the church has approximately 50 existing members and the proposed building could accommodate up to 75 persons. The parking demand for 75 persons is 19 bays. It is determined that the existing parking within 200m of the proposed church could accommodate those 19 bays. Furthermore, analysis of Nearmaps supports that there is ample parking available on Sundays. A condition will be placed on the approval that the church shall accommodate no more than 75 persons at any one time.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant approval for the proposed change of use to a ‘Place of Worship’ development on Lot 2373 (No. 42) Coolamon Boulevard, Ellenbrook, subject to conditions.

Implications: The applicant will be able to proceed with the proposed development.

This is the recommended option.

Option 2: Council may resolve to refuse to grant approval for the proposed change of use to a 'Place of Worship' on Lot 2373 (No. 42) Coolamon Boulevard, Ellenbrook for the following reason:

1. The proposed variation on parking will have an adverse impact on the amenity of the area with regards to the generation of noise and parking demand.

Implications: If aggrieved with Council’s decision, the applicant has the right of review to the State Administrative Tribunal within 28 days of Council’s Decision.

This is not the recommended option.

CONCLUSION

The application is for a change of use from a ‘Health and Weight Loss Centre’ to a ‘Place of Worship’. The subject lot has an existing approval for a gym (Health and weight loss centre), which generated a car parking shortfall of 13 bays. The proposed Place of worship reduces the shortfall to 11 bays.

The proposal was advertised to the public for 21 days and 8 submissions were received, being 1 non-objection and 7 objections. The objections cited noise, lack of parking, concerns that the congregation will grow and a lack of a strata management as reasons for objections.

The subject lot is located within a strata development with 53 undesignated car bays. The parking shortfall for all land uses in the strata, including the proposed development is 63 bays. The lot is located within 80m of Coolamon Oval, which contains 29 car bays and is within 200m of the 40 bays at the tennis courts. On Mornington Parade and Coolamon Boulevard, within 200m of the subject lot there are 33 roadside parking bays.


The proposed hours of operation which will generate demand for parking are outside of the hours of operation for the majority of surrounding businesses. On Sunday, only two other businesses with offsite parking requirements in the strata are open; Coolamon Café and Ellenbrook Essential Therapies and it has been determined that there is sufficient strata and road side parking to accommodate the requirements of all businesses.

ATTACHMENTS

Locality Aerial

Site Plan

Floor Plan

Parking Aerial Image

Summary of Submissions

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Local Planning Scheme No.17

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Approve the variation in parking as per POL-TP-129 Vehicle Parking at Lot 2373 (No. 42) Coolamon Boulevard, Ellenbrook, subject to conditions:

1. This approval is for a change of use to from ‘Health and Weight Loss Centre’ to a ‘Place of Worship’ 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.

2. The ‘Place of Worship’ will have a maximum of 75 occupant’s onsite at any one time.

ADVICE NOTES Standard advice notes apply.

2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise all those who lodged a submission of the Council’s decision accordingly.

MOTION that the Council resolve to:




3. That those attending the Place of Worship are to only use the 36 rear carparks.




4) Record the reason for changing the staff recommendation is that existing business who are open on Sundays and the immediate residents needing visitor parking are not impacted by the Place of Worship's need for parking.

(Cr Williams – Cr Henderson)


RESOLVED UNANIMOUSLY TO:




3. That those attending the Place of Worship are to only use the 36 rear carparks.




4) Record the reason for changing the staff recommendation is that existing business who are open on Sundays and the immediate residents needing visitor parking are not impacted by the Place of Worship's need for parking.

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.

42 Coolamon Boulevard,Ellenbrook

Friday, 8 July 2016

1:1512

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.

42 Coolamon Boulevard, Ellenbrook

Friday, 8 July 2016

1:2000

19 bays

4 bays

18 bays

12 bays

28 bays12 bays

29 bays

3 bays

5 bays

3 bays

4 bays4 bays2 bays

3 bays

4 bays

3 bays

20 private bays notincluded.

Summary of Submissions

# Decision Address Comments 1 Objects 18 Pinegrove Drive, Ellenbrook No strata management yet.

No allocated bays ourselves. No approval should be given until a strata committee meeting. Parking is already full during business hours.

2 Objects 33 Coolamon Boulevard, Ellenbrook Concerned that people already park on the medium strip and damage irrigation.

Parking is already limited. No objection to the Place of Worship unless parking becomes an issue.

3 Objects 31 Coolamon Boulevard, Ellenbrook Noise particularly in the early morning 4 Objects 44 and 46 Coolamon Boulevard Due to hours of operation, all the parking will be taken up by the

church. Will affect other businesses such as the café which relies on parking. The café is open 7 days from 7am to 7pm.

5 Objects 43 Mornington Parkway, Ellenbrook They will use parking on private property. 6 Objects 60 Coolamon Boulevard, Ellenbrok Does not meet required 13 bays.

13 bays are very conservative for 50 persons. Concerned about noise on the weekend.

7 Objects 44 Coolamon Boulevard, Ellenbrook

Concerned about noise from live/taped music. Days and times are changing from the original proposal. Concerned about the congregation growing, the application is for 50

but the applicant is suggesting up to 75. 8 Does not object

(provisional) Unit 1B 40 Coolamon Boulevard,

Ellenbrook Does not object on the basis that the place of worship will not bring

any unwanted noise or loud disruptions, including a bell.

proposed change of use to a place of worship - lot …...ordinary meeting of council 27 july 2016...

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