proposed illuminated advertising signage - lot 10 … · 3.12 proposed illuminated advertising...

Ordinary Meeting of Council 10 February 2016

3.12 PROPOSED ILLUMINATED ADVERTISING SIGNAGE - LOT 10 (NO.163) TALBOT ROAD, STRATTON (DA614-15)

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

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application seeks approval from Council for the erection of an illuminated (LED) pylon sign (2.5m2 on a 3m pole) advertising church functions at No.163 Talbot Road, Stratton.

• The subject lot is zoned 'Residential Development' under the City's Local Planning Scheme No.17 (LPS17). As per the zoning, the property is subject to Outline Development Plan No.137 (ODP137), which establishes Lot 10 as a 'Place of Worship'.

• The illuminated advertising signage was referred to 6 adjacent landowners across Talbot Road (properties back onto Talbot Road). Two objections were received through the advertising period, and raised issues relating to the impacts of light overspill on adjoining properties, impact on the amenity of the area and impact on property values.

• The City has 3 policies that address signage within the City, however these policies relate to Commercial and Industrial Zones (POL-C-070) and Rural Zones (POL-C-071, POL-C-118). The City does not have any policy to address signage within residential zoned land, and as such the application has been assessed against the objectives of the zone.

• City staff are of the opinion that the proposed sign does not have an adverse impact on the visual amenity of the adjacent lots, and that concerns regarding light overspill can be addressed by conditions relating to time of signage and compliance with of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

It is recommended that the Council resolve to grant approval for the Illuminated Advertising Signage at Lot 10 No.163 Talbot Road, Stratton, subject to the conditions outlined in this report.

AUTHORITY/DISCRETION

Council has discretion pursuant to Clause 10.3 of Local Planning Scheme No.17 to approve (with or without conditions) or refuse applications for planning approval. 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 5 of the Planning and Development Act 2005.


BACKGROUND

Applicant: Swan Valley Seventh Day Adventist Church Owner: Australasian Conference Association Pty Ltd (Director:

Kelvin John Peuter) Zoning: LPS17 - Residential Development MRS - Urban Strategy/Policy: Nil Development Scheme: Local Planning Scheme No.17 Existing Land Use: Place of Worship Lot Size: 8815m2

Use Class: 'Place of Worship' (Incidental Signage)

DETAILS OF THE PROPOSAL

The applicant is seeking approval for the erection of a single illuminated LED sign on the subject lot.

The proposed illuminated LED sign comprises a surface area of 2.64m2, with the LED screen comprising an area of 1.84m2. It is proposed to be located on a post 3m above Natural Ground Level, and the sign will be orientated to face the street and oncoming traffic.

The applicant has envisaged that the proposed sign will advertise programs and events held at the church including (but not limited to) church service times, bible study groups, youth events, children's clubs etc.

DESCRIPTION OF SITE

The subject lot is located south of Talbot Road in Stratton, and comprises an area of 8815m2. The lot contains a 981m2 Church/Assembly Hall, and a 105m2 incidental storage shed. The lot is sparsely vegetated, with landscaped garden areas and a large paved car-parking area.

The site slopes down from south to north, with the northern boundary approximately 4m lower than the southern boundary.

SITE HISTORY/PREVIOUS APPROVALS

ODP137 [Adopted by Council - 1/09/2004]

DA-257/2005 [Approved by Council, 24/08/2005 - Church and Assembly Hall],

DA-27/2012 [Approved under Delegated Authority, 31/01/2012 - Shed],


OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

1 September 2004 - Council resolved unanimously to adopt ODP137.

APPLICANT'S SUBMISSION

The applicant is seeking approval for a single sided LED Pylon Advertising Sign on the subject property.

The applicant has advised the sign will advertise the following Church programs and events, including (but not limited to) children's clubs, exercise classes, cooking nutrition and health programs, Bible study groups, church service times, youth events.

The applicant has also advised that the sign will advertise community interest items, such as the time, weather, date and fire warnings.

In regard to the objections received, the applicant provided the following response:

• The signage will be facing towards the north, and does not directly face any backyards.

• The top of the sign, which will be side on to the road, can only be seen at roof top level from homes opposite (across Talbot Rd).

• The sign will be turned off at 8pm, and will provide no greater nuisance than a standard street light.

PUBLIC CONSULTATION

The proposal was advertised to 6 adjacent landowners across Talbot Road for a period of 14 day for comment.

Two objections were received, and no other responses were provided.

Broadly, the objections relate to:

• Impact of light overspill from the illuminated sign on adjoining properties

• Impact of the illuminated advertising sign on the amenity of the residents

• Impact of the illuminated advertising sign on property values.

These objections will be discussed in further detail below.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Nil


DETAILS

Zoning and Permissibility of Use:

The property is zoned 'Residential Development' under the City's Local Planning Scheme No.17 and has approval (DA257/2005) for a 'Place of Public Worship' which was granted in accordance with Town Planning Scheme No.9, in August 2005.

The proposed illuminated advertising signage is considered incidental to the approved Place of Public Worship on the site.

Objectives of the Zone:

Objectives of the Residential Development zone are:

a) provide for the coordinated development of future residential areas through the application of a comprehensive plan to guide subdivision and development to be known as a “Structure Plan”;

b) provide for predominantly residential development, but including also a range of compatible services, consistent with the needs of an integrated neighbourhood, and planned so as to minimise adverse impacts on amenity;

c) avoid the development of land for any purposes or at a time when it is likely to compromise development elsewhere in the district or prejudice the future development of land in the Residential Development zone for more appropriate purposes;

d) take account of the need to protect the amenity and on-going use of adjacent property owners as well as to provide for the needs of future residents.

The proposed sign has no bearing whatsoever on objectives a), b) and c) above. The area has already been developed in accordance with an adopted structure plan and the sign associated with the church use is consistent with the associated provision of services compatible with a residential community.

The last objective is the central point of assessment of this application – whether the proposed sign does nor does not detract from the amenity of the locality, particularly adjacent property owners.

The two objections received through the advertising period raised the following issues:

• Impact of the light overspill from the illuminated sign on adjoining properties;

• Impact of the illuminated advertising sign on the amenity of the residents

• Impact of the illuminated advertising sign on property values.

The residences of the two complainants are some 33 and 40 metres from the location of the proposed sign. Given this distance and the size of the sign, it is not considered that the structure itself will be so visually obtrusive as to spoil the amenity of the locality. With respect to concern with light overspill, this is readily addressed by way of a condition requiring compliance with the relevant Australian Standard (AS4282) that governs this.


In order to prevent an excessive distraction to motorists along Talbot Road, it is recommended the illuminated comply, by way of a condition, with Main Roads WA specifications.

Property values are not considered valid planning concerns.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant conditional approval for the proposed Illuminated Advertising Sign at Lot 11 No.163 Talbot Road, Stratton.

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

This is the recommenced option.

Option 2: Council may resolve to refuse to grant approval for the proposed Illuminated Advertising Sign at Lot 11 No.163 Talbot Road, Stratton, for the following reason:

1. The proposal is inconsistent with the objectives of the Residential Development Zone as outlined by Local Planning Scheme No. 17, as it will have a negative impact on the amenity of adjacent landowners.

Implications: The applicant will have a right of review to the State Administrative Tribunal (SAT).

This is not the recommended option.

CONCLUSION

The application seeks approval from Council for the erection of a single illuminated LED sign on the subject lot. The advertising sign is located along Talbot Road, Stratton. The proposed illuminated LED sign consists comprises a surface area of 2.64m2, with the LED screen comprising an area of 1.84m2. It is proposed to be located on a post 3m above Natural Ground Level, and the sign will be orientated to face the street and oncoming traffic.

The proposed signage is considered incidental to the existing 'Place of Worship' use of the land. It is envisaged that the sign will advertise programs and events held at the church including (but not limited to) church service times, bible study groups, youth events, children's clubs etc.

The illuminated advertising signage was referred to 6 adjacent landowners across Talbot Road (properties back onto Talbot Road). Two objections were received through the advertising period, and raised issues relating to the impacts of light overspill on adjoining properties, impact on the amenity of the area and impact on property values.


City staff are of the opinion that the proposed sign does not have an adverse impact on the visual amenity of the adjacent lots, and that concerns regarding possible light overspill can be addressed by a condition that the illuminated advertising sign shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting

It is recommended that the Council resolve to grant approval for the Illuminated Advertising Signage at Lot 11 No.163 Talbot Road, Stratton, subject to the conditions outlined in this report.

ATTACHMENTS

Advertising/Locality Plan

Site Plan

Sign Elevations

Sign Perspectives

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Local Planning Scheme No.17

Planning and Development Act 2005

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Grant approval for the proposed Illuminated Advertising Sign at Lot 11 No.163 Talbot Road, Stratton, subject to the following conditions:

1. This approval is for "Advertising Signage" as illustrated on the submitted plans received by the City of Swan.

2. The pylon advertising sign and footings shall be constructed and contained inside the allotment.

3. The illuminated advertising sign shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

4. The approved sign shall not flash or pulsate.

5. The LED screen is approved to be used for advertising and promotion of the existing Place of Worship only and shall not be used for commercial advertising or any other purposes.

6. The LED screen shall be restricted to single or variable static displays to the satisfaction of the City of Swan in consultation with Main Roads WA. When part of a variable display, each display shall have a dwell duration of not less than 10 seconds. Displays in the form of a sequential series of related messages shall be restricted to a maximum of three displays only. The duration of transition (fade in/fade out) between the full display of one message and the full display of the next message shall not exceed 1.5 seconds. Animated transitional effects such as fly-in, sliding and checker boarding are not permitted.

7. The primary textual elements of advertisements intended to be read by passing motorists shall be legible for drivers travelling at the normal road operating speed and when viewed within a ten degree horizontal field of vision, to the satisfaction of the City of Swan in consultation with Main Roads WA.

No more than seven words on any single sign display shall be readable by such drivers at any one time. Any additional legend displayed on the sign shall have a letter height that renders the wording decisively illegible to passing motorists, i.e. any additional legend shall be legible only for non-motorised road users such as cyclists, passers by on foot, etc.

The maximum letter size of additional legend that is not intended to be readable by drivers shall be equal to one-third of the legible letter height.

8. Advertising content that invites drivers to turn where there is fast moving traffic or the device is so close to the turning point that there is no time to signal and turn safely, is not permitted.

9. Advertising content that could mislead drivers, or be mistaken as an instruction to drivers, is not permitted.


10. The maximum luminance and flashing light rates of the LED screen shall comply with the rates shown at Appendix A of Main Roads WA draft ‘Policy and Application Guidelines for Advertising Signs Within and Beyond State Road Reserves’ to the satisfaction of the City of Swan in consultation with Main Roads WA.

11. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

12. 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.

3) Advise those that lodged a submission of the Council's decision accordingly.

MOTION that the Council resolve to:

1) Adopt the staff recommendation with the addition of the following conditions:

1. The sign is placed with the face 90 degrees to the road and the illuminated side facing east.

2. The sign shall not be illuminated after 8pm.

2) Record the reason for changing the staff recommendation is to reduce the impact on affected properties.

(Cr McNamara - Cr Johnson)

RESOLVED (12/2) TO:

1) Grant approval for the proposed Illuminated Advertising Sign at Lot 11 No.163 Talbot Road, Stratton, subject to the following conditions:

1. This approval is for "Advertising Signage" as illustrated on the submitted plans received by the City of Swan.

2. The pylon advertising sign and footings shall be constructed and contained inside the allotment.

3. The sign is placed with the face 90 degrees to the road and the illuminated side facing easterly.

4. The illuminated advertising sign shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.


5. The sign shall not to be illuminated after 8pm.

6. The approved sign shall not flash or pulsate.

7. The LED screen is approved to be used for advertising and promotion of the existing Place of Worship only and shall not be used for commercial advertising or any other purposes.

8. The LED screen shall be restricted to single or variable static displays to the satisfaction of the City of Swan in consultation with Main Roads WA. When part of a variable display, each display shall have a dwell duration of not less than 10 seconds. Displays in the form of a sequential series of related messages shall be restricted to a maximum of three displays only. The duration of transition (fade in/fade out) between the full display of one message and the full display of the next message shall not exceed 1.5 seconds. Animated transitional effects such as fly-in, sliding and checker boarding are not permitted.

9. The primary textual elements of advertisements intended to be read by passing motorists shall be legible for drivers travelling at the normal road operating speed and when viewed within a ten degree horizontal field of vision, to the satisfaction of the City of Swan in consultation with Main Roads WA.

No more than seven words on any single sign display shall be readable by such drivers at any one time. Any additional legend displayed on the sign shall have a letter height that renders the wording decisively illegible to passing motorists, i.e. any additional legend shall be legible only for non-motorised road users such as cyclists, passers-by on foot, etc.

The maximum letter size of additional legend that is not intended to be readable by drivers shall be equal to one-third of the legible letter height.

10. Advertising content that invites drivers to turn where there is fast moving traffic or the device is so close to the turning point that there is no time to signal and turn safely, is not permitted.

11. Advertising content that could mislead drivers, or be mistaken as an instruction to drivers, is not permitted.

12. The maximum luminance and flashing light rates of the LED screen shall comply with the rates shown at Appendix A of Main Roads WA draft ‘Policy and Application Guidelines for Advertising Signs Within and Beyond State Road Reserves’ to the satisfaction of the City of Swan in consultation with Main Roads WA.

13. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

14. 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.

3) Advise those that lodged a submission of the Council's decision accordingly.

For: Cr Bailey, Elliott, Haynes, Henderson, Johnson, Kovalevs, Lucas, McCullough, McDonnell, McNamara, Parasiliti and Williams

Against: Cr Färdig and Wainwright

proposed illuminated advertising signage - lot 10 … · 3.12 proposed illuminated advertising...

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