proposed restaurant - lot 211 (no.2931) west swan road, caversham (da927-15) · 2016. 12. 2. ·...

Ordinary Meeting of Council 30 November 2016

3.9 PROPOSED RESTAURANT - LOT 211 (NO.2931) WEST SWAN ROAD, CAVERSHAM (DA927-15)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil.

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The subject lot is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under the City’s Local Planning Scheme No.17 (LPS17). A 'Restaurant' is an 'D' use in this zone.

• The Swan Valley Planning Committee (SVPC) resolved not to approve the proposal as it would result in the removal of existing vineyards and therefore be inconsistent with Objectives 8.1, 8.3, 8.4 and 8.7 of the Swan Valley Planning Act 1995 and inconsistent with Objective 8(3) of the Interim Planning Policy.

• The Department of Planning do not support a second crossover. City staff concur with this recommendation, as a second crossover will result in safety issues being in close proximity to existing crossovers, as well as interfering with an existing bus stop.

• The application was advertised to nearby landowners for a period of 14 days, where one submission was received, objecting to the proposal.

• City staff, considering the advice of the Swan Valley Planning Committee and having due regard to the guidance provided by the draft Swan Valley Development Plan 2015, consider the application to be inconsistent with the objectives of the Swan Valley Rural zone as set out under Local Planning Scheme No.17.

It is recommended that Council refuse to grant approval to the application for a Restaurant on Lot 211 (No.2931) West Swan Road, Caversham, for the following reason:

1. The proposed development is considered not to comply with the objectives of the Swan Valley Rural zone, inclusive of the Planning Objectives for Area B of the Swan Valley Planning Act 1995 because:

(i) it is not ancillary to any productive viticultural use of the land and so is not considered to protect nor encourage viticulture; and

(ii) the design (form and materials), are not considered to contribute to rural character.


AUTHORITY/DISCRETION

Council has discretion in accordance with Clause 10.3 of Local Planning Scheme No.17 (LPS 17) and Clause 68(2) of Schedule 2 of Part 9 of the Planning and Development Act (Local Planning Schemes) Regulations 2015 to approve (with or without conditions) or refuse to approve the application. If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Vespoli Constructions (Jason Maiolo) Owner: Menchetti Nominees (Director: Gino Manchetti) Zoning: LPS17 - Swan Valley Rural (Area B) MRS - Rural Strategy/Policy: Draft Swan Valley Development Plan Development Scheme: Local Planning Scheme No 17 Existing Land Use: Single House Lot Size: 25,011m2 Use Class: Restaurant 'D'

DETAILS OF THE PROPOSAL

The proposal consists of the following:

• A restaurant with a floor area of approximately 497.95m2

• The restaurant is to be setback 34m from West Swan Road and gains access from West Swan Road at two points; the southern access way already existing and the northern access proposed.

• 97 car parking bays including three disabled bays and two bus parking bays

• Parking bays located to the side and the proponent submits that the building has been designed to be interactive with the vines and allow diners to eat among the vines

• Seating capacity for 270-300 persons

• The proponent intends the building to be tilt panel, however the proponent proposes to have a textured finish to all exposed panels to give a finish meeting the design guidelines.

• Hours of operation:

o Monday - Closed

o Tuesday to Thursday - between 11am and 2pm

o Fridays - between 11am and 10pm

o Saturdays - between 7am and 10:30pm

o Sundays - between 7am and 7pm

• No live bands or amplified music is proposed.


DESCRIPTION OF SITE

The subject site is located approximately 3km north of the Guildford town site on West Swan Road and backs onto the Taylors Estate Caversham. It accommodates a single house and a shed, and is currently under vine producing seeded grapes.

APPLICANT'S SUBMISSION

• Only a portion of vines would be lost to this development.

• All other vines are to remain and have interaction with the customers to allow them to eat their meal next to the vines to have the Swan Valley effect.

• The vines are seeded grapes that have lost all value as now Woolworths and Coles have flooded the market and people are wanting seedless grapes. The grapes can’t be sold to markets because they want cheaper grapes and the client can’t provide the quantity of grapes the buyers want for the price they want.

• The client will use the grapes as table grapes which will add to the whole experience of eating pasta in the valley.

• The client is trying to create the old style of pasta, grapes and wine Italian style.

• The client will have old pasta machinery inside the restaurant brought in from Italy as well as an area for kids to make their own pasta with their parents to take home.

• The natural ground/soil will remain to the vine areas, mulch will be applied to the landscaping areas within the car park area, and the client will be installing a grassed activities area to the rear of the restaurant where people can sit on the grass and play games.

• The client is intending to have traditional Italian pasta meals amongst the vines, the old machinery within the restaurant will act like a museum piece so people can see how the pasta was made years ago in order to recreate the vibe of the Italian lifestyle.

• The vines that will remain will be complimented by the new business and together will complement the Swan valley and bring something of a tourist attraction that is wanting in this area. It will bring some old fashioned cooking and salute the heritage of the vines by showing his Italian heritage of when his family came to Australia.

• Without the restaurant, the vines will slowly die and the client will not be able to afford to keep running at a loss by growing grapes that don’t have a lot of value in today’s market.

PUBLIC CONSULTATION

The application was advertised for a period of 14 days to adjacent neighbours. One objection was received.


CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the Swan Valley Planning Committee, Department of Planning, and Department of Aboriginal Affairs.

The Department of Aboriginal Affairs offered no objection, while the Department of Planning specifically did not support two crossovers but did not object to the proposal broadly. In the event of approval, it will be recommended that only one crossover be provided to the development.

The Swan Valley Planning Committee recommended the proposal not be supported which will be discussed in a separate section of this report.

DETAILS

Local Planning Scheme No 17 Assessment

Zoning and Use Class Permissibility

The subject lot is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under the City's Local Planning Scheme No.17 (LPS17). A 'Restaurant' is a 'D' use within the Swan Valley Rural zone. This means the development is not permitted unless the local government has exercised its discretion by granting planning approval. In so doing, regard shall be had to the objectives of the Swan valley Rural zone.

Zoning Objectives – Swan Valley Rural Zone

The objectives of the ‘Swan Valley Rural’ zone as they currently exist within the Scheme are to:

(a) promote the core area of the Swan Valley primarily as a horticultural, recreational, tourism and landscape resource;

(b) provide for limited rural living within the Swan Valley, subject to locational, design and landscaping requirements to enhance the character and amenity of the valley and to ensure compatibility with productive rural activities;

(c) recognise the occurrence of high quality horticultural soils and scarce plastic clays and to protect these resources from development which would jeopardise their current and future use;

(d) ensure that the development and use of land accords with the planning objectives for Area B as specified in the Swan Valley Planning Act 1995.

The planning objectives for Area B of the Swan Valley Planning Act 1995 are:

1. The protection of viticulture.

2. The provision of water for viticulture and horticulture and the discouragement of other activities that have high water demands.

3. The encouragement of tourist facilities provided that they do not detract from the rural character of the area.


4. The encouragement of traditional activities of the Swan Valley and industries associated with viticulture, horticulture and cottage industry provided that they are compatible with the rural character of the area.

5. The encouragement of the consolidation of retail and community facilities at Herne Hill, Caversham and West Swan.

5A. The limited expansion of existing retail and community facilities at Herne Hill, Caversham and West Swan, where such facilities are required to service the local community and will not detract from the rural character of the area.

6. The compatibility of design, siting and landscaping with the character of the area.

7. The discouragement of uses that are incompatible with the rural character and traditional agricultural activities of the area.

8. The extraction of basic raw materials so far as it is compatible with the character and amenity of the area and subject to the rehabilitation of the affected land.

9. The subdivision into lots of less than 4 hectares only where this is consistent with the objectives set out in this section.

10. The avoidance of overstocking, of activities causing pollution or degradation of the environment and of any other land management practices detrimental to the amenity of the area.

Whilst the proposed restaurant is acknowledged as a form of tourism development and so consistent with objective (a) of the zone, this application will be considered principally as to whether or not it protects viticulture and whether or not it is compatible with rural character. These matters will be addressed below.

Protection of viticulture.

The Swan Valley Planning Committee has advised the City that the proposed development should not be approved because the removal of all the remaining vineyards from the property does not accord with the protection of viticulture.

The applicant’s argument, if it is understood correctly, is that:

- The lot currently grows and sells table grapes, however this is now a financial loss in the current market;

- the development of the pasta restaurant will provide a reason to retain and maintain in a productive capacity an amount of vines by virtue of the grapes so produced being served to paying customers of the restaurant.

- If not for the proposed restaurant the vines would either have to be removed, (which can lawfully occur without any need for planning approval), or be left to wither in-situ.

The contention here is that the proposal is actually a protection of the activity of viticulture on the subject lot. Within the current economic climate for table grapes this may well be the case but if so it is the short view and a view limited only to grape production.


Consideration of the question of what constitutes protection of viticulture can be assisted having regard to the draft Swan Valley Development Plan 2015. This document articulated a more refined purpose for land zoned Swan Valley Rural this being:

(a) To identify and protect ‘high quality agricultural land’ whilst allowing other ancillary uses which do not detract from the primary use of the land for agricultural purposes;

(b) To exclude subdivision and development proposals that have the potential to impact agricultural resource.

Having regard to a) above it is considered that the applicants proposal would entail the restaurant being the predominant use of the land and not ancillary to an agricultural purpose - which in this instance is a retention of a number of vines to provide table grapes for the restaurant. If protection of viticulture for Swan Valley Rural zone land means that other uses not agricultural in nature should only be approved where they are ancillary to existing agricultural uses then this application would not be considered to protect viticulture.

A further consideration is whether or not the extent of coverage of the land by the proposed restaurant building and associated car park sterilises the use of the noted high quality agricultural land for future agricultural use. This question directly addresses objective c) of the zoning objectives in the Scheme and is replicated in the draft Development Plan at b) above.

The relevant facts here are that:

- There is nothing submitted in the application to suggest the lot is not suitable for productive agricultural use; and

- The proposed restaurant footprint in conjunction with the existing dwelling and surrounding hardstands would have site coverage of approximately 24% of the lot area. This would become land that would not be capable of use for agricultural production without demolition.

It is acknowledged that the applicant’s intentions may be to preserve vines onsite for ongoing table grape production. However City staff cannot see that the approval of a use which is not ancillary to viticultural/agricultural production nor preserves the land for that future use in a potentially improved market climate accords with the protection of viticulture.

Compatibility with rural character

Consideration of the proposed developments compatibility with rural character is a question of whether or not the building coverage of the site is of a scale that is excessive and whether the design of the building appears rural.

The City’s Building and Development Standards for Rural zones stipulate that Council should not support the total area of buildings on any rural lot exceeding 10% of the lot area. In this instance the 497m2 building and existing residence do not exceed this standard so it is not considered that the scale of the building is excessive.

The design of the proposed restaurant building may be described as a rectilinear form with verandah elements and a partial skillion roof, constructed of painted tilt-up concrete and concrete rendered limestone. Half of both the southern and northern façades incorporate aluminium frame glass windows.


The draft Swan Valley Development Plan has sought to give some guidance on design (architectural form and materials) for buildings, including tourism development within the Swan Valley Planning Act area. The guiding principles of part 4.1 of the Swan Valley Development Plan relates to architecture character, building materials and colours and built form.

In relation to architectural characteristics, proposals are required to do a number of things, including demonstrating how the architectural character of the proposed tourism development relates to rural character either by employing traditional stylistic features, such as pitched roofs, lean-to verandahs and gables or contemporary reinterpretations and demonstrate how the proposed tourism development will make a positive contribution to or mitigate any impact on the visual landscape.

In relation to built form, it is recommended that building with a GFA greater than 300m2 should be broken up into smaller volumes. It is also recommended that building facades should use projecting or recessed volumes to modulate building bulk. The building façade has been recessed and projected to moderate the building bulk, however the floor area proposed is greater than 300m2 and not proposed to be broken up. The site is not an elevated site so the proposed height of the restaurant building is not problematic.

In relation to building materials, the Swan Valley Development Plan recommends material themes to be galvanised iron and zincalume, stonework, brick, tile and timber.

In relation to colour themes, the Swan Valley Development Plan recommends colour themes to include federation green, red oxide and cream. The proposed colours features predominantly brown painted finish, with rendered limestone, artificial turf lawn and black feature walls. Only one feature wall incorporates a texture paint finish in red oxide.

The applicant has not provided any information as to how the proposed design responds to rural character. Whilst it contains verandahs, the absence of any traditional roofing elements, the extensive use of concrete and absence of stone, brick, timber and zincalume is considered to lend the appearance of an industrial unit. The proposed facade facing West Swan Road has minimal detailing and exacerbates this industrial appearance.

There is nothing whatsoever to this proposed building that lends it a rural appearance or evokes rural themes. Accordingly it is not considered that the proposed development is compatible with rural character.

Access to the Site:

The application was referred to the Department of Planning in accordance with the Instrument of Delegation DEL2015/02. The Department of Planning did not object to the proposal but requires only one crossover onto West Swan Road, as it is inconsistent with the Commission’s Regional Roads (Vehicular Access) Policy D5.1 which seeks to minimise the number of crossovers onto regional roads.

From a traffic safety perspective, it is also considered unsafe. City staff note that the proposed second crossover would be too close to an existing crossover on the eastern side of West Swan Road, and interfere with a bus stop and bus approach. Following a site visit from City staff on 9 November 2016, it is noted that there is potential to widen the existing crossover to make access more convenient without requiring an additional crossover to the north.


Therefore, in the event of approval, it is recommended that only the southern crossover be approved, given the vines to the south have already been removed it will be less of an impact on the streetscape. Further it would preserve an existing cluster of trees at the north of the site and not interfere with a dual use path.

In the event the proposal is approved contrary to the advice of the Department of Planning, the application will be required to be referred to the Western Australian Planning Commission for determination in accordance with the Instrument of Delegation DEL2015/02.

Parking Adequacy:

The applicant has submitted that the proposed restaurant would cater for between 270 and 300 patrons. Pursuant to Council policy POL-TP-129, one car parking bay is required for every four persons the building is designed to accommodate. Therefore 75 car parking bays would be required.

The proposed development allows for 97 car parking bays of which three disabled bays, and therefore complies with Council requirements.

OPTIONS AND IMPLICATIONS

Option 1: That Council resolve to refuse the application for the Restaurant at Lot 211 (No 2931) West Swan Road, Caversham for the following reason:


a) it is not ancillary to any productive viticultural use of the land and so is not considered to protect nor encourage viticulture; and

b) the design (form and materials) are not considered to contribute to rural character.

Implications: The applicant will have a right of review of the decision by the State Administrative Tribunal.

The application is not required to be forwarded to the Western Australian Planning Commission for determination.

This is the recommended option.

Option 2: Council may resolve to:

1) Approve the proposed Restaurant at Lot 211 (No.2931) West Swan Road Caversham, subject to the following conditions and a non-standard condition restricting the number of crossovers on the southern boundary to one only.

1. This approval is for “Restaurant” as defined in the City’s 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. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.

3. 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.

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

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

6. A minimum of 75 car parking bays shall be provided, each measuring 5.5 x 2.5 metres. Disabled bays to comply with Australian Standard 2890.6.

7. Vehicle access onto the site shall be restricted to the southern crossover only shown on the approved site plan. The northern crossover is not approved.

8. Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

9. All stormwater produced on the site shall be disposed of on the site to the satisfaction of the Chief Executive Officer.

10. Earthworks over the site and batters must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in the manner directed by the City in the event that sand is blown or drifts from the site.

11. Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City’s Principal Environmental Health Officer before the development is occupied or used.

12. Floodlights shall not be illuminated after 10:00 pm, with all illumination being confined to the limits of the development or as otherwise approved by the City of Swan in writing.

13. All crossovers must be built and maintained in accordance with City's specifications.

14. All construction works within the road reserve including crossovers, drainage infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be built and maintained in accordance with the City's specifications. Failure to do so may result in these works being removed and reinstated by the City at the applicant's expense.

At occupancy, the owner is responsible for the maintenance of the crossover, landscaping and reticulation in the verge.


15. 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.

16. 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) Refer the application to the Western Australian Planning Commission for a determination under the Metropolitan Region Scheme.

Implication: The applicant will have a right of review of the decision by the State Administrative Tribunal.

The application will be required to be referred to the Western Australian Planning Commission for determination under the Metropolitan Region Scheme as the resolution would be contrary to that of the Swan Valley Planning Committee.

This is not the recommended option.

CONCLUSION

The subject lot is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under the City’s Local Planning Scheme No.17 (LPS17). A 'Restaurant' is an 'D' use in this zone.

The Swan Valley Planning Committee (SVPC) resolved not to approve the proposal as it would result in the removal of existing vineyards and therefore be inconsistent with Objectives 8.1, 8.3, 8.4 and 8.7 of the Swan Valley Planning Act 1995 and inconsistent with Objective 8(3) of the Interim Planning Policy.

The Department of Planning does not support a second crossover. City staff concur with this recommendation as a second crossover will result in safety issues due to being in close proximity to existing crossovers, as well as interfering with an existing bus stop.

The application was advertised to nearby landowners for a period of 14 days, where one submission was received, objecting to the proposal.

City staff, after taking into consideration the advice of the Swan Valley Planning Committee and having due regard to the guidance provided by the draft Swan Valley Development Plan 2015, consider the application to be inconsistent with the objectives of the Swan Valley Rural zone as set out under Local Planning Scheme No.17.


ATTACHMENTS

Location Plan

Site Plan

Floor Plans

Elevations

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Draft Swan Valley Development Plan

Planning and Development Act 2005

Swan Valley Planning Act 1995

Local Planning Scheme No 17

Local Planning Policy Vehicle Parking

Local Planning Policy Rural Standards

Local Planning Policy Swan Valley

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Refuse the application for the Restaurant at Lot 211 (No.2931) West Swan Road, Caversham for the following reason:


a) it is not ancillary to any productive viticultural use of the land and so is not considered to protect nor encourage viticulture; and

b) the design (form and materials) are not considered to contribute to rural character.

2) Advise applicant/owner and submitters of the resolution of Council accordingly.

MOTION that the Council resolve to:

1) Defer consideration of this matter to a future Ordinary Meeting of Council.

2) Record the reason for changing the staff recommendation is to give the applicant the opportunity to consult with City officers and neighbouring properties, provide the opportunity for interested Councillors to visit the sight, and the applicant to submit revised plans that addresses concerns with the design.

(Cr Lucas - Cr Trease)

RESOLVED UNANIMOUSLY TO:

1) Defer consideration of this matter to a future Ordinary Meeting of Council.

2) Record the reason for changing the staff recommendation is to give the applicant the opportunity to consult with City officers and neighbouring properties, provide the opportunity for interested Councillors to visit the sight, and the applicant to submit revised plans that addresses concerns with the design.

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proposed restaurant - lot 211 (no.2931) west swan road, caversham (da927-15) · 2016. 12. 2. ·...

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