proposed shopping centre (medical centre, supermarket, … · 2020-02-20 · city's local...

Ordinary Meeting of Council 12 February 2020

3.8 PROPOSED SHOPPING CENTRE (MEDICAL CENTRE, SUPERMARKET, PHARMACY AND CAFE) - LOT 9215 PANNAGE WAY, BRABHAM (DA305-19)

Ward: (Whiteman Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

Cr Congerton declared an impartiality interest in Item 3.8 - Proposed Shopping Centre (Medical Centre, Supermarket, Pharmacy and Cafe) - Lot 9215 Pannage Way, Brabham (DA305-19) as the applicant had acted for a Not for Profit organisation that the Councillor is a President of.

KEY ISSUES

• The City has received an application for a proposed Shop, Medical Centre and Café at Lot 9215 Pannage Way Brabham. (Brabham Village Shopping Centre)

• The application proposes the construction of a supermarket, medical centre, pharmacy, café, parking and associated landscaping on the subject site. A total of 123 parking bays have been provided with 97 parking bays located onsite and 26 parking bays located within adjoining verge area in a reciprocal parking arrangement.

• Lot 9215 Pannage Way Brabham is zoned 'Special Use' under the City of Swan Local Planning Scheme No. 17 (LPS17) and 'Urban' under the Metropolitan Region Scheme. (MRS) Under the approved Park Street Local Structure Plan 3a the location of the Brabham Village Shopping Centre is identified as a 'Local Centre' with a 'General Commercial' zoning. The use classes 'Medical Centre' 'Shop' and 'Restaurant' are all permitted 'P' uses in a General Commercial zone.

• The Park Street Local Structure Plan approved the Brabham Village Shopping Centre with a maximum permitted floor area of 1,900m2 of which 1,000m2 was permitted to be net lettable retail floor area (NLA) The current proposal seeks a 475m2 increase in the maximum retail floor space permitted under the structure plan from 1,000m2 up to 1,475m NLA taking the total floor space up to 2.375m2

• The proposed development was advertised to all landowners within 200m of Lot 9215 for a period of 21 days. At the conclusion of advertising a total of 303 submissions were received with 288 submissions advising no objection and 15 submissions objecting to the proposed development. The issues raised in the objections relate to the suitability of the location, a shortfall of parking provided, an increase in traffic as a result of the proposed development, an over-supply of shops within the area and the potential to attract anti-social behaviour.


• The operators of the Brabham District Centre (Stockland) have objected to the increase in floor area on the basis that the proposal is inconsistent with the State Planning Policy 4.2 and the City's endorsed Local Commercial and Activity Centre Strategy and would impact on the development of the Brabham Activity Centre and the timing and delivery of intended services.

• City staff are satisfied that the existing road network is capable of handling the anticipated increase in traffic generated as a result of the proposed shopping centre and the reciprocal arrangement of parking is supported.

• Concerns from the operator of Brabham Activity centre are noted. However, the City's endorsed Local Commercial and Activity Centre Strategy identifies the subject site as being suitable for a 'Local Centre' and given that the 1,475 retail floor space does not exceed the permitted 1,500 permitted for local centres under State Planning Policy 4.2 Activity Centre for Perth and Peel, the increase in retail floor space for the Brabham Village Shopping Centre is not considered to result in a departure from the centres intended role and function.

• The proposed shopping centre will provide the Brabham community with valuable convenience retailing and an accessible Medical Centre in an area that currently has limited retailing or medical services. Its location is consistent with the Council approved Park Street Local Structure plan and is considered to compliment the surrounding land uses.

It is recommended that the Council resolve to grant approval for the proposed Shop, Medical Centre and Café (Restaurant) at Lot 9215 Pannage Way Brabham subject to conditions.

AUTHORITY/DISCRETION

Planning and Development (Local Planning Schemes) Regulations 2015 (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 with conditions; or

• Granting development approval without conditions; or

• Refusing to grant development approval.

Local Planning Scheme No. 17 (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.


RIGHT OF REVIEW

Planning and Development (Local Planning Schemes) Regulations 2015 (cl.76(2))

In accordance with cl.76(2) of the Planning and Development (Local Planning 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.

BACKGROUND

Applicant: Vespoli Construction Owner: Sandhurst Trustees Limited (Directors Jennifer

Dawson, Richard Baker, Paul Rohan, Deborah Radford) Zoning: LPS17 - Special Use MRS - Urban Strategy/Policy: SPP 4.2 Activity Centres for Perth and Peel

SPP 3.7 Planning in Bushfire Prone Areas SPP 3.6 Development Contributions for Infrastructure POLLP-1.10- Provision of Public art City of Swan Local Commercial and Activity Centres strategy

Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Vacant lot Lot Size: Lot Area: 99.224ha Use Class: Shop Medical Centre 'P'

DETAILS OF THE PROPOSAL

The proposal seeks planning approval for a shopping centre consisting of the following particulars:

• A supermarket (Shop) with a maximum floor area of 1,150m2

• A Medical Centre with maximum floor area of 900m2 and a pharmacy (Shop) with a floor area of 225m2

• A café (shop) with the maximum floor area of 100m2.

• Associated parking and landscaping

The proposed development will have a total of 123 parking spaces with 97 parking bays onsite and 26 parking spaces located within the surrounding road network. The built form is guided by an approved local development plan (LDP) which aims to achieve a positive interface with the adjoining street network through the use of fenestration and awnings partially covering the adjacent road reserves and by screening the majority of the parking areas from the street.


DESCRIPTION OF SITE

Lot 9215 Pannage Way Brabham is a large undeveloped lot totalling 99.224 hectares. The lot is currently serviced by Palfrey Street to the south and Fairmount Boulevard to the north. To the north and east of lot 9215 Pannage Way exist established residential lots at varying stages of development and to the south and west of the site lie large undeveloped lots, with lot 480 Lakefield Drive consisting of a vacant lot with a soon to be constructed primary school and Lot 481 Lakefield Drive identified as a local reserve with playing field, associated landscaping and pavilion of which works will commence this year. To the west of lot 9215 Pannage Way lies lot 500 Park Street which is identified for residential development in a yet to be determined local structure plan. A recent plan of subdivision forwarded to the Western Australian Planning Commission identifies the Brabham Village shopping Centre as having a proposed lot area of 6045m2.

City staff note that the location of the proposed Brabham Village shopping centre is in the south west corner of Lot 9215 Pannage Way in accordance with the approved local structure plan. At this stage Lot 9215 Pannage Way is subject to an englobo subdivision and the individual lot where the shopping centre will be located on and the road network surrounding the shopping centre have not yet been created.

SITE HISTORY/PREVIOUS APPROVALS

SB-44/2018 - 83 lot freehold subdivision (conditionally approved by the WAPC on 3 September 2018.

SP17-023C - Amendment to Park Street Local Structure Plan 3A (approved by the WAPC on 15 March 2018)

SB-69/2019 55 lot freehold subdivision (City's recommendation forwarded to the WAPC; application not yet determined)

LDP/4/2019- Local Development Plan Lot 469 Palfrey Street Brabham (approved under delegated authority 11 November 2019)

APPLICANT'S SUBMISSION

• In support of the proposed development and the 475m2 increase in retail floor area above the permitted 1,000 floor area identified in the Approved Park Street Local Structure plan 3A the applicant has provided the following comments:

1. The provision of a Chemist License on the premises requires a net lettable area of 1,000sqm of retail space excluding ramps and loading facilities. 150sqm is set aside for ramp, store and loading.

As this loading area is designated retail by the City planning scheme, this now makes 1,150sqm for the grocery area. Further investigation has shown that a full service profitable grocer needs to have 1,000-1250sqm of lettable space.

2. A chemist shop is designated retail by the City planning scheme. It was thought that this would be included in the Medical Centre designation. The size required for a full service chemist shop is in the order of 200sqm to 250sqm.


3. In conversation with the local community the need for a coffee shop/meeting place has been high on their list of desired outcomes. The plans provide for 100sqm for such a facility together with a proposed alfresco area as part of the offering

4. The medical use of 900sqm will provide for basic services including General Practice, Pathology Imaging, Dental, Optometrist and Physiology.

PUBLIC CONSULTATION

Public consultation was carried out in the following manner:

Duration: 21 days from 26 June 2019 and 18 July 2019

Method: A letter to all landowners within 200m of the external boundaries of Lot 9215 Pannage Way Braham.

Submissions Received: At the conclusion of advertising a total of 303 submissions were received. A total of 288 submissions advised no objection to the proposal with 15 submissions objecting. The objections cited the following concerns with the proposed development:

• Inadequate parking;

• Increase in traffic associated with the development;

• An oversupply of shops within the locality;

• Antisocial behaviour; and

• Inappropriate location

Submission from Stockland

A submission was received from Stockland who are the owners of the Brabham District Centre which has the capacity to develop up to 20,000m2 of retail floor space in accordance with the approved Albion District Structure Plan. Stockland have objected to the proposed Brabham Shopping Village citing the following reasons:

• The proposal is inconsistent with the Park Street local Structure Plan. Stockland cite a significant increase from the original intended retail floor space of the local centre of 400m2 to that of 1475m2 currently proposed and this increase in floor space lends more to the classification of a 'neighbourhood centre' than that of the intended Local Centre.

• The proposed development is inconsistent with State Planning Policy 4.2 and the City's Local Commercial and Activity Centre Strategy and the increase in floor space sought as part of the proposed shopping centre will adversely impact on the role and function of the Braham District Centre as well as the anticipated timing and delivery of the Centre as well as affecting retail hierarchy established in SPP 4.2.


• The provision of a pharmacy as part of the Brabham Village shopping centre proposal may prevent a pharmacy being approved within the Brabham District Centre due to locational criteria requiring minimum separation distance for pharmacies.

• The Retail Sustainability Assessment (RSA) provided as part of the application is deficient as it did not adequately explore the impact of potential trade diversion of nearby affected centres (existing and proposed) and does not assess a short and medium term need for Brabham Village Shopping Centre.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

APA Group

No comment provided.

Atco Gas

Atco Gas have advised no objection.

Dampier to Bunbury Natural Gas Pipeline Land Management

No Comment Provided

Water Corporation

Water Corporation have advised that all water services will be available to the subject site.

Department of Education

Comment provided advising that should the proposed shopping centre be utilised as a liquor outlet or other licenced premises, the Department of Education would object to such businesses on the basis that it is deemed to be an incompatible land use for a nearby future primary school. City staff note that a similar submission was received from the Department of Education for the approved modification to the Park Street Local Structure Plan and accordingly the officer's response to the Department of Education's submission for the structure plan modification is re-emphasised:

In relation to liquor outlets, it is noted that this would be considered a 'Shop', which is a 'P' use in the City of Swan Local Planning Scheme No. 17. In the event an application is made for a liquor outlet, the City would assess the proposal on its merits.

It is not reasonable to make a Shop an 'X' use (not permitted) in the General Commercial zone, as it will preclude a number of compatible shop uses from operating. Further, it is understood that the Department of Racing Gaming and liquor would take proximity to sensitive land uses into consideration prior to granting and kind of liquor licence.


DETAILS

Zoning and Permissibility of Land use

Lot 9125 Pannage Way Brabham is zoned 'Special Use 10 (Albion)' under the City's Local Planning Scheme No. 17 and is subject to the approved Albion (Brabham) District Structure plan which serves to provide guidance for land use planning at the Local Structure planning stage. The district structure plan divides Special Use Zone 10 area into 5 local structure plans areas.

Is the proposed development consistent with the Park Street Local Structure Plan?

Lot 9215 is subject to the provisions of the approved Park Street Local Structure Plan. A modification to the approved Park Street Local Structure Plan 3a relocated the 'activity node' (Local Centre) from the northern portion of the structure plan area to its current location in the south western portion of Lot 9215 Pannage Way Brabham located north of the primary school and district open space. Of relevance to this proposal is Local Structure Plan's development requirements relating to the retail floor space for the Activity Node:

.."The approximate gross land area of the 'General Commercial' (Local Centre) site is 6,000m2. A combined total maximum of 1,900m2 net lettable floor (nla) area is permitted for all uses within the Activity Node, with a limit of 1,000m2 nla Retail (Planning Land use Category 5) floor space permitted. Any Medical Centre use within the General Commercial (Local Centre) is limited to 900m2 nla"

The proposed supermarket, (shop) pharmacy (shop) and café (shop) are permitted uses within a General Commercial zone and are considered to comply with the approved Park Street Local Structure Plan. The only matter of non-compliance with the provisions of the local structure plan relates to the 1,475m2 retail floor space exceeding the permitted 1,000m2 retail floor space and the total maximum nla of 2,375m2 exceeding the combined total maximum of 1,900m2.

Is the proposal a 'Neighbourhood' Centre' instead of a 'Local Centre'?

The approved Park Street Local Structure plan permits a total retail floor space of 1,000m2 and a combined total maximum of 1,900m2 nla. City staff acknowledge that the proposal exceeds both the retail floor space and the total maximum floor area anticipated in the Park Street Local Structure Plan. However, the deemed provisions of the Planning and Development (Local planning Schemes) Regulations 2015 states that a decision-maker for an application for development approval is to have due regard to, but is not bound by the structure plan when deciding an application. In light of this a variation in the permitted retail and combined total net lettable floor area may be considered. Accordingly the question of whether the proposal is more akin to that of a Neighbourhood Centre than a Local Centre remains. State Planning Policy 4.2 (tables 2 and 3) establishes a retail hierarchy of activity centres throughout the Perth and Peel area and sets out the typical centre functions, characteristics and functions of activity centres. Table 3 does not identify any specific roles and functions for local centres and it is noted that table 2 only differentiates between a neighbourhood centre and a local centre by virtue of a local centre being any centre with a shop retail floor area under 1500m2. The proposed Brabham Village Shopping Centre has a maximum retail floor space of 1,475m2 and accordingly is considered to meet the classification of a 'local centre' as anticipated in the Park Street Local Structure Plan and the City's Local Commercial and Activity Centres Strategy.


Is the proposal inconsistent with SPP 4.2 and the City's Local Commercial and Activity Centres Strategy with regard to form and function?

Central to Stockland's objection is that the increase in retail floor area sought in conjunction with the Brabham village shopping centre would adversely impact on the timing and overall development of the of the Brabham District Centre by potentially impacting the established retail hierarchy within the Albion District Structure plan area. The submission goes on to state that a Medical Centre is a use that is a higher order ancillary use more suitable within a district centre and the relative proximity of the Brabham Village shopping centre will result in an overlap in the walkable catchment areas of both centres.

The amendment to the Albion District Structure Plan endorsed by Council on 5 July 2017 and approved by the Western Australian Planning Commission on 28 February 2018 upgraded the Brabham Activity Centre from a 'Neighbourhood Centre' to a 'District Centre' and increased the allowable floor space from 10,000m2 to 20,000m2. Under SPP 4.2, the role of the District Centre is to have a greater focus on servicing the daily and weekly needs of residents. They will typically incorporate a wide variety of retail types such as discount department stores and some specialty shops thus delivering higher order retail goods and services.

City staff are of the opinion that the relative modest 475m2 increase in retail floor proposed for Brabham Village does not adversely impact on the Brabham District Centre's ability to deliver retail and service functions of a higher order given the Brabham District Centre will be a predominately car-based centre which is intended to service entire Brabham locality and therefore targeting a much greater population area than that of the proposed Brabham Village shopping centre. The proposed retail floor area of 1,475m2 associated with the Brabham Village Centre is intended to provide lower order daily convenience shopping within a much closer trade catchment area and will not impede on the Brabham District Centre's ability to provide higher order retailing such as discount department stores, 'full-line supermarkets which generally consist of 3,000m2 retail floor area and other specialty retailing shops.

Stockland's concerns that a Medical Centre is a higher order ancillary use more suited to a district centre is not supported by SPP4.2, with no provisions within the policy that explicitly prohibit a medical centre being co-located with a local centre. Furthermore, City staff note that there are various examples of local centres within the Perth metropolitan area that contain pharmacies and Stockland's concerns that by allowing a pharmacy in the Brabham Village shopping centre would potentially impede the granting of approval of a pharmacy in the Brabham District Centre by the Department of Health has no relevance under any applicable planning instrument.

Is the applicant's Retail Sustainability Assessment (RSA) inadequate?

City staff note Stockland's comments on the deficiencies of the applicant's Retail Sustainability Assessment regarding the lack of analysis of potential trade impacts of potential affected centre in the Albion locality (Specifically the Brabham District Centre and the surrounding areas.) Notwithstanding this, SPP 4.2 does not mandate proposed developments which entail expansions to retail floor space of 3,000m2 or less to be accompanied by a RSA. The intent of the RSA provided by the applicant for the Brabham Village Shopping Centre is to demonstrate that due to higher than expected lot yield and associated population growth in the District Structure Plan area (estimated to be at 11% higher lot yield than originally forecast) there exists greater capacity for the Brabham Village Shopping Centre to accommodate the modest 475m2 increase in retail floor area above the retail floor area approved as part of the Park Street LSP amendment without impeding on the intended Activity Centres hierarchy. City staff are of the opinion that in light of the proposal shopping centre complying with the 1,500m2 retail


floor spaces afforded to local centres under SPP 4.2 and the siting of the Brabham Village in close proximity to established and future residential development, the variation to retail floor space of the LSP approval sought as part of this application will not adversely impact on its intended role as a local centre nor that of the Brabham District Centre.

Built form and commercial development standards

The design of the Brabham Village Shopping Centre is underpinned by an approved local development which seeks to provide the shopping centre with a good interface with the surrounding road network and surrounding uses. This is demonstrated through the use of awnings associated with the medical centre providing shade to pedestrians and a significant portion of the onsite parking area screened by the existing building. The plans show a combination of hard and soft landscaping covering approximately 9.25% of the yet to be created lot. City staff note this minor variation and should Council resolve to approve the proposed Brabham Village Shopping Centre application City staff recommend a more detailed landscape plan prior to the lodgement of a building permit application.

Amenity - Parking and Traffic

The shopping centre proposes a total of 123 parking spaces of which 26 street parking bays are on-street bays located on the local road network which surrounds the site of the shopping centre, with angled parking on the eastern and northern portion of the road reserve and parallel parking on Palfrey Street. When assessed against the City POL-TP-129 which provides development standards for off street parking, the following parking rates apply:

Use class Proposed floor area Parking rate Parking requirement under POL-TP-129

Shop

(supermarket, café and pharmacy)

1,475 8 spaces per every 100m2 gla

119

Medical Centre 770m2 excluding lobbies and corridors

1 space 18m2 of GLA including pharmacies or other retail uses but excluding corridors and lobby areas, plus 1 space for each separate medical or dental office or laboratory

60 car spaces based on floor area of 770m2 and 16 separate offices

Total car spaces required 179

Total car spaces provided 123


Accordingly, an overall parking shortfall of 56 parking spaces exists which increases to 82 parking spaces if on-street parking is not included. While the variation to the City's parking standards is noted, it is anticipated that visitors to the shopping centre will undertake multiple purpose trips given the 3 separate uses on site. For example, a visitor may have a doctor's appointment and then subsequently visit the supermarket or have a coffee afterwards. The mix in uses onsite allows for a shared parking arrangement between the uses, with such an approach a common feature amongst other multiple tenancy shopping centres within the City of Swan. Furthermore, given the close proximity of existing and proposed future residential dwellings to the shopping centre, it is expected that there will be a certain percentage of visitors to the centre that will undertake non-motorised modes of transport to the site such as walking or bike riding. This general relaxing of off-street parking standards is affirmed in State Planning Policy 4.2 'Activity Centre for Perth and Peel' which prescribes as a guide 4-5 bays per 100m2 for shops which would result in significantly lesser requirement of approximately 60 parking bays for the retail floor space. In light of this, City staff are supportive of the variation to parking standards sought.

Several submissions were received during the advertising period which objected to the Brabham Village shopping centre on traffic grounds, citing increased vehicle traffic on the local road network, particularly given its location opposite a primary school and local reserve. In order to address the matter of traffic generation in association with the shopping centre, the applicant has provided a Traffic Impact Assessment (TIA) by Transcore. The TIA models the anticipated volumes of traffic associated with the development, the expected peak hours of traffic generation and the impact on the existing and proposed road networks. The TIA anticipates weekday traffic counts at 2068 vehicles per day and 213 vehicles per hour during the peak hours of operation between 3pm to 4pm weekdays. The majority of vehicle traffic that will be arriving at the shopping centre will be from the West on Palfrey Street (approximately 56%) with approximately 28% to arrive from the northwest on the yet to be constructed Fairmount Boulevard extension. City staff are satisfied that the existing and proposed road network is capable of accommodating the expected traffic volumes associated with the shopping centre with Palfrey Road identified as an 'Access B' road which can accommodate up to 3000 vehicles per day. The TIA anticipates that the intersections around the subject site will perform at satisfactory levels and accordingly, there will be no requirements for road upgrades or signalised intersections once the Brabham Village shopping centre is completed and operational. Should Council resolve to approve the development application a revised site plan showing provision of bicycle spaces will be submitted to and approved by the City.

Concerns regarding antisocial behaviour and oversupply of shopping centres

Several submissions objected to the shopping centre citing concerns that a shop, medical centre and pharmacy would attract anti-social behaviour. City staff cannot substantiate claims that a shopping centre development will attract anti-social behaviour and make no further comment. Furthermore, the approved local structure plan indicates that the subject site is zoned General Commercial with a shopping centre consisting of a shop, medical centre and café capable of being approved.

State Planning Policy 3.7 - Planning in Bushfire Prone Areas

The location of Brabham Village Shopping Centre is identified as being bushfire prone under the most recent Department of Fire and Emergency Services (DFES) mapping. In support of the application the applicant has provided a Bushfire Management Plan for the Avonlea Estate, stages 10-15 authored by Working on Fire Planning. The BMP prescribes a Bushfire Attack Level of BAL 12.5 to BAL 29 for the South West portion of Brabham Village with the north east portion of the location having a BAL level of BAL low. City staff note that AS3959 Construction of buildings in bushfire prone areas do not apply to


commercial buildings. Notwithstanding this, the provisions of SPP 3.7 should be applied pragmatically to such applications. With regard to the proposed Brabham Village shopping centre, the subject site has access to scheme water and once subdivisional works are completed Palfrey Road will have access to Partridge Street which will provide 2 different access routes from a fire threat. Furthermore, City staff note that development is progressing for the Brabham Primary School at Lot 480 (No. 31) Lakefield Drive and the Brabham Oval at Lot 481 Lakefield Drive as well as a 349 lot residential subdivision currently under assessment at the adjoining lot 500 Park Street. Once these developments are completed it is anticipated that the bushfire risk will be further reduced.

SPP 3.6 Developer contributions for infrastructure

Lot 9215 Pannage Way Brabham is located within Development Contribution Area 1 and is subject to the approved Development Contributions Plan for Brabham. Should Council resolve to approve the application for the Brabham Village shopping centre, City staff recommend that the owner/applicant contribute towards developer contributions in accordance with the endorsed Development Contributions Plan for Brabham.

POL-LP-1-10 Provision of Public Art

The estimated cost of construction for the Brabham Village Shopping Centre is 2.5 million dollars. In accordance with POL-LP-1-10 where the estimated cost of development exceeds 2 million dollars the owner or applicant is required to provide public art to a value equivalent to 1% of the cost of development. Should Council resolve to approve this proposal, a condition requiring the applicant or owner to contribute towards the provision of public art pursuant to POL-LP-1-10 is recommended.

OPTIONS AND IMPLICATIONS

Option 1 Council may resolve to grant approval for the Proposed Shopping Centre (supermarket, pharmacy, café and Medical Centre) at Lot 9215 Pannage Way Brabham subject to conditions.

Implications: The owner/applicant can proceed with the development.

This is the recommended option.

Option 2: Council may resolve to refuse to grant approval for the Proposed Shopping Centre (Shop (supermarket and pharmacy), Medical Centre and Café (restaurant) at Lot 9215 Pannage Way Brabham for the following reasons:

1. The increase in retail floor space from the 1000m2 approved as part of the Park Street Local Structure plan to 1,475m2 is inconsistent with the approved Park street Local Plan.

2. The increase in retail floor space from the 1000m2 approved as part of the Park Street Local Structure plan to 1,475m2 will unduly impact on the performance, of the Brabham Village Shopping Centre.

Implications: The owner/applicant will have a right of review to the State Administrative Tribunal if aggrieved by this decision.

This is not the recommended option.


CONCLUSION

The City has received an application for a proposed Shopping Centre (Shop, Medical Centre and Café) at Lot 9215 Pannage Way Brabham. The subject site is zoned 'Special Use 10 (Albion)' under the City's Local Planning Scheme No. 17 and is subject to the approved Park Street Local Structure Plan which identifies the subject site as a 'Local Centre' with a General Commercial zoning and restricts total centre floor area to 1,900m2 with 1,000 of the floor area permitted to be retail. The current proposal for the Brabham Village Shopping Centre exceeds the retail floor space permitted under the approved local structure plan by 475m2.

The application was advertised to all landowners within 200m of the subject site for a period of 21 days. At the conclusion of advertising a total of 303 submissions were received with 288 submissions advising no objection and 15 submissions objecting to the proposed development. The issues raised in the objections relate to the suitability of location, a shortfall of parking provided, increase in traffic as a result of the proposed development and other surrounding land uses, an over-supply of shops within the area. Furthermore, the operators of the Brabham Activity Centre (Stockland) have objected to the increase in floor area on the basis that the proposal is inconsistent with the State Planning Policy 4.2 and would impact on the development of the Brabham Activity Centre.

City staff are satisfied that the variation to the City's parking standards will not unduly impact on the amenity of the subject site and surrounding areas with the mix of uses on site resulting in a reciprocal use of parking spaces as well as the close siting of existing and proposed future residential dwellings allowing for visitors of the shopping centre to use non-motorised modes of transport such as walking. Furthermore, City staff are supportive of the assumptions made in the transport impact statement supplied as part of the application and no additional upgrades to the road network are required.

Stockland's submission regarding the proposed development's non-compliance with the approved local structure plan and potential adverse impact on the performance of the Brabham District centre is noted. However, City staff are satisfied that the proposed Shopping centre still meets the definition of a local centre given its retail floor space is less than 1,500m2 and the proposed increase in retail floor space will not adversely impact on the Brabham District Centre's function as a centre to service the entire Albion structure plan area and to provide higher order specialty shops in conjunction with day to day retailing needs.

ATTACHMENTS

Location plan

Approved Park Street Local Structure Plan

Site plan

Elevation plan


STRATEGIC IMPLICATIONS

City of Swan Local Commercial and Activity Centres Strategy

State Planning Policy 4.2 - Activity Centre for Perth an Peel

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (local planning schemes) regulations 2015

City of Swan local Planning Scheme No. 17

POL-TP-129 Vehicle Parking Standards

FINANCIAL IMPLICATIONS

The average cost for a Hearing to defend Council’s decision at the State Administrative Tribunal is $60,000.

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Grant approval for a proposed Shopping Centre (Shop), Medical Centre and Café (Restaurant) at Lot 9215 Pannage Way Brabham subject to the following conditions:

1. The approved development must comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.

2. The approved Medical Centre is restricted to a total of 12 medical practitioners at any one time.

3. All building works to be carried out under this development approval are required to be contained within the boundaries of the subject lot.

4. The approved awning and any authorised fixture to the approved awning shall have an under clearance of at least 2.75 metres above the surface of the ground level of the public road reserve and shall be constructed in such a manner so as not to unreasonably obstruct the ordinary and reasonable use of the reserve for the purpose to which it is dedicated to the satisfaction of the City of Swan.

5. The owner shall construct and maintain, at its cost, the approved awning where located over the road reserve in such a manner so as to prevent damage to the footpath and prevent inconvenience to the public or danger from falling materials to the satisfaction of the City of Swan.

6. Prior to occupation of the approved development, the applicant/owner shall enter into a deed of agreement with the City of Swan ("The City") whereby the owner:

a) Indemnifies the City against any loss or damage to any road reserve or other property of the City or to any person or property of any person arising out of the installation of the approved awning constructed over the road reserve immediately adjacent the land where the awning will be located or the use of the road reserve in connection with the approved development.

b) Agrees to take out and maintain a policy of public liability with a reputable insurer in an amount satisfactory to the City to insure the City and the owner against all claims for loss or damage or injury occurring to any road reserve or property of the City or any person or property of any person as a result of the construction of the development or in respect of the use of that portion of the awning constructed over the road reserve immediately adjacent to the land in connection with the development; and


c) Agrees to maintain the development at its cost.

The agreement shall be prepared by the City's solicitors to the satisfaction of the City and enable the City to lodge an absolute caveat over the land. The applicant/owner shall be responsible to pay all costs associated with the City's solicitor's costs and incidentals to the preparation of (including all drafts) and stamping of the agreement and the lodgement of the absolute caveat.

7. Refuse bin areas adequate to service the development must be provided to the satisfaction of the City of Swan prior to occupation or use of development. A refuse plan shall be submitted to the City and approved prior to the issue of a building permit.

8. A 1.8m masonry acoustic wall is to be constructed on the Western side on lot boundary abutting Lot 500 Park Street.

9. Delivery vehicles shall not enter the site before 7am and not after 10pm.

10. All stormwater must be contained and disposed of on-site at all times, to the satisfaction of the City of Swan.

11. The development must be connected to the Water Corporation's sewer where available.

12. Prior to a building permit being issued, stormwater management plans, details and calculations must be submitted for approval by the City of Swan and thereafter implemented, constructed and maintained on-site to the satisfaction of the City of Swan.

13. Vehicle parking, access and circulation areas must be sealed, kerbed, drained and maintained on-site to the satisfaction of the City of Swan.

14. The access and design of car parking spaces must comply with AS2890.1

15. Prior to occupation of the development, a total of 10 bicycle facilities must be provided in accordance with AS2890.3 and to the satisfaction of the City of Swan. The facilities must be thereafter maintained for the life of the development to the satisfaction of the City of Swan.

16. Prior to a building permit being issued, a detailed landscaping and reticulation plan for the subject site and/or road verge(s) must be submitted to, and approved to, the satisfaction of the City of Swan, and must include the following:

a) The location, number and type of proposed trees and shrubs including planter and/or pot sizes and planting density;

b) Any lawns to be established;

c) Any existing vegetation and/or landscaped areas to be retained;

d) Any verge treatments;

e) Evidence that the proposed landscaping will not, at maturity, negatively impact the development and surrounding properties.


17. The approved landscaping and reticulation plan must be fully implemented within the first available planting season after the initial occupation of the development and maintained thereafter, to the satisfaction of the City of Swan. Any species which fails to establish within the first two planting seasons following implementation must be replaced in consultation with and to the satisfaction of the City of Swan.

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

19. Prior to a building permit being issued, the applicant must submit and have approved by the City of Swan, and thereafter implement to the satisfaction of the City of Swan, a construction management plan addressing the following matters:

a) How materials and equipment will be delivered and removed from the site;

b) How materials and equipment will be stored on the site

c) Parking arrangements for contractors;

d) Construction waste disposal strategy and location of waste disposal bins;

e) Details of cranes, large trucks or similar equipment which may block public thoroughfares during construction;

f) How risks of wind and/or water borne erosion and sedimentation will be minimised during the works; and

g) Other matters likely to impact on the surrounding properties

20. Prior to a building permit being issued, the applicant must submit, have approved and thereafter implement a dust management plan detailing how risks of wind and/or water borne erosion and sedimentation will be minimalised during the works, to the satisfaction of the City of Swan.

21. Prior to the issue of a building permit, the owner/applicant is to comply with the City of Swan Public Art Policy POL-LP-1.10 through the contribution of a sum of 1% of the total construction value towards public art, being either:

a) Payment to the City the sum of the 1% cash-in-lie amount. This must be paid to the City prior to the date specified in an invoice issued by the City, or prior to the issue of the building permit for the development of the approval, whichever occurs first; or


b) The provision of public art on site to a minimum value of the 1% contribution amount. Please note in providing the public art:

i. No part of the development may be occupied or used unless the Public Art has been installed in accordance with the approval by the City; and

ii. The Public Art approved must be maintained in compliance with the conditions of approval for the public art proposal to the satisfaction of the City.

22. The applicant/owner is to contribute towards development infrastructure provisions pursuant to the City of Swan Local Planning Scheme No. 17.

CARRIED

DISCLAIMER: Information shown here on is a composite ofinformation 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.

14/01/2020

1:4514

Location ofBrabham VillageShopping Centre

346

8.5

2.902

49.475

45.773

88.81

59.361

77.04

8.5

6.021

DELI

PROPOSED 6045m² COMMERCIAL LOT 469

OPTOMETRIST100sqm

PHYSIOLOGY90sqm

ENTRY

1000sqmSUPERMARKET

150sqmSTORE

ENTR

Y

FOOTPATH

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SW

SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW

SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW

bin

bin

PROPOSED 3

20m²

RESIDENTIAL L

OTS N

OT A

PART O

F T

HIS A

PPLCAITION

PROPOSED 3

60m²

RESIDENTIAL L

OTS

NOT A

PART O

F T

HIS A

PPLCAITION

G.P.s

300sqm

60sqm

PATHOLOGY

IMAGING100sqm

PODIATRIST100sqm

DENTIST150sqm

CAFE 100sqm

PHARMACY225sqm

SWSWSWSW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SWSW

SWSW

SWSW

SWSW

SWSW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW SW

SWSW

SWSW

SWSW

SWSW

SWSW

SW

SW

SW

SW

SW

SW

SW

SW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW SW SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SW

SW

SW

SW

SWSW

SWSW

SWSW

SWSW

SWSW

SW

SW

SW

SW

SW SW SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW SW SW SW SW SW SW SW SW SW SW SW

SW

SW SW SW SW SW SW SW SW SW SW SW SW

SW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SWSW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SW SWSW SW SW SW SW SW SW

SW

SW

SW SW SW SW SW SW SW SW SW SW SW SW SW SW

SW

SW

SWSW

SWSW

SWSW

SW

SW

SWSW

SW

SWSW

SW

SW

SW

SW

SW

SWSW

SW

SWSW

SW

SWSW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

SW

© COPYRIGHTTHIS DESIGN AND / OR DRAWING IS CONFIDENTIAL

AND SHALL REMAIN THE PROPERTY OF VESPOLICONSTRUCTIONS. IT MUST NOT BE REPRODUCED,COPIED OR ALTERED WITHOUT THE EXPRESSED

APPROVAL OF VESPOLI CONSTRUCTIONS.

CONTRACTORS SHALL CHECK ALL DIMENSIONS AND CONDITIONS ON SITEPRIOR TO COMMENCING FABRICATION OR CONSTRUCTION. ANY

DISCREPANCIES TO BE BROUGHT TO THE SUPERVISORS ATTENTION.

DO NOT SCALE FROM DRAWINGS.

THE DESIGNER RESERVES THE RIGHT TO ALTER DIMENSIONS ON SITE TO SUITCONSTRUCTION, ENGINEERING OR SITE CONDITIONS

UNLESS OTHERWISE NOTED, RETAINING WALLS, DEMOLITION,SEWER PILING,SUBSOIL DRAINS, BLASTING OR OTHER SITE WORKS ARE ALL AT OWNER'S

EXPENSE

Unit 41 CEDRIC STREET, STIRLINGWestern Australia 6021

t. 08 9209 1800 e. [email protected]. 08 9209 1899 w. www.vespoli.com.au

ACN 113 413 077 ABN 65 545 929 538

04.05.18

1:200@A1

MWS

JL

1 OF X

A

CITY OF SWAN

RECEIVED

28/10/2019

© COPYRIGHTTHIS DESIGN AND / OR DRAWING IS CONFIDENTIAL

AND SHALL REMAIN THE PROPERTY OF VESPOLICONSTRUCTIONS. IT MUST NOT BE REPRODUCED,COPIED OR ALTERED WITHOUT THE EXPRESSED

APPROVAL OF VESPOLI CONSTRUCTIONS.

CONTRACTORS SHALL CHECK ALL DIMENSIONS AND CONDITIONS ON SITEPRIOR TO COMMENCING FABRICATION OR CONSTRUCTION. ANY

DISCREPANCIES TO BE BROUGHT TO THE SUPERVISORS ATTENTION.

DO NOT SCALE FROM DRAWINGS.

THE DESIGNER RESERVES THE RIGHT TO ALTER DIMENSIONS ON SITE TO SUITCONSTRUCTION, ENGINEERING OR SITE CONDITIONS

UNLESS OTHERWISE NOTED, RETAINING WALLS, DEMOLITION,SEWER PILING,SUBSOIL DRAINS, BLASTING OR OTHER SITE WORKS ARE ALL AT OWNER'S

EXPENSE

Unit 41 CEDRIC STREET, STIRLINGWestern Australia 6021

t. 08 9209 1800 e. [email protected]. 08 9209 1899 w. www.vespoli.com.au

ACN 113 413 077 ABN 65 545 929 538

04.05.18

1:200@A1

MWS

JL

1 OF X

A

CITY OF SWAN

RECEIVED

28/10/2019

proposed shopping centre (medical centre, supermarket, … · 2020-02-20 · city's local...

Documents