state administrative tribunal invitation to reconsider ... · in the state administrative tribunal...

Ordinary Meeting of Council 28 August 2019

3.8 STATE ADMINISTRATIVE TRIBUNAL INVITATION TO RECONSIDER DEEMED REFUSAL OF PROPOSED CHANGE OF USE TO 'MEDICAL CENTRE' AND 'SHOP' (PHARMACY) AT LOT 44 (NO.7) CLAYTON STREET, BELLEVUE (DA95-19)

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

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• This application, which seeks approval for a change of use of existing developed floor space within Lot 44 (No.7) Clayton Street, Bellevue from a “Showroom” to a 'Medical Centre' and 'Shop' (Pharmacy) is subject of Review in the State Administrative Tribunal (SAT).

• Such Review has been made on the basis that the application, which has not been determined, was deemed to be refused by the applicant.

• The SAT has invited the City to make a decision on the subject application.

• The subject land is zoned “Industrial” under the Metropolitan Region Scheme (MRS) and “Industrial Development” under the City’s Local Planning Scheme No.17. Use permissibility under the “Industrial Development” zone is to be indicated by way of a Structure Plan. Clause…

• The proposed 'Medical Centre' is to operate within Tenancy 12B of the existing building on the subject site, known as 'Building C'. The hours of operation for the 'Medical Centre' are 8am-6pm Monday to Friday and 8am-5pm Saturday.

• The proposed 'Shop' (Pharmacy) is to operate within Tenancy 12A of the existing building. The hours of operation for the 'Shop' (Pharmacy) are 8am-7pm Monday to Friday and 8am-6pm Saturday and Sunday.

• The application has been advertised for public comment on two occasions inclusive of referral to the contact parties for Midland Gate shopping centre, Darling Range shopping centre and Bassendean shopping centre. No submissions were received.

• The application has been assessed against the objectives of the “Industrial Development” zone applicable to the land under LPS17 and has had due regard to the requirements of State Planning Policy 4.2 Activity Centres for Perth and Peel and the City’s own Commercial Centres Strategy.

• As the land is already fully developed as a showroom precinct containing a number of such large buildings, the objectives of the zone to provide for co-ordinated developed has already been fulfilled and in a manner that has protected the amenity of adjoining landowners.


• Whilst the proposed medical centre and shop uses are “out of centre” development in that they are to be located outside of the Midland Strategic Regional Centre area, they do not constitute ‘Major Development’ as defined under State Planning Policy 4.2 and are therefore not considered to adversely impact the Strategic Regional Centre or the broader commercial centre hierarchy.

• Such uses in this locality are proximate to the new hospital and the GP Super Clinic that has been established in the old railway workshops and are reasonably placed to take advantage of planned future improvements in public transport, inclusive of a relocation of the Midland Train station eastwards.

• The co-location of a medical centre and pharmacy is considered to have logical synergies of benefit to the community.

It is recommended that the Council grant conditional approval for the Change of Use to a 'Medical Centre' and 'Shop' (Pharmacy) at Lot 44 (7) Clayton Street, Bellevue.

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 without conditions; or

• Granting development approval with conditions; or

• Refusing to grant development approval.

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


BACKGROUND

Applicant: Planning Solutions Owner: Humich Nominees Pty Ltd

Directors: Mandee Michelle Humich, Yvette Renae Humich, Ivan Humich, Kathleen Jessica Humich Secretary: Kathleen Jessica Humich

Zoning: LPS17 - Industrial Development, General Industrial MRS - Industrial Strategy/Policy: City of Swan Local Commercial and Activity Centres

Strategy POL-TP-129 Vehicle Parking Standards

Development Scheme: Local Planning Scheme No.17 Existing Land Use: Showroom/Warehouse/Shop Lot Size: 50,881m² Use Class: 'Medical Centre' & 'Shop'

DETAILS OF THE PROPOSAL

The application seeks approval for the change the use of a portion of existing 'Building C-1' on the subject site to a 'Medical Centre' and 'Shop' (Pharmacy). The change of use is proposed in the following configuration:

• 'Medical Centre' - 424m² (Tenancy 12B) • 'Shop' (Pharmacy) - 620m² (Tenancy 12A)

The proposal will facilitate the provision of medical services with up to eight (8) health practitioners and the same of pharmaceutical goods and associated products. The uses will be interconnected via an internal walkway but will operate independently. There are no external works proposed as part of this application. Signage is proposed within approved locations on the 'Building C' façade.

Medical Centre

The 'Medical Centre' will comprise of the following elements:

o Entrance at the northern side of the tenancy with no modifications proposed to the existing façade of the shopfront;

o A lobby/waiting room area accommodating 40 seats with associated reception desk and administration area;

o Eight (8) consulting rooms;

o Pathology, nurse quarters, sterilisation room, staff area and amenities; and

o Associated storage areas.

The proposed hours of operation of the 'Medical Centre' is 8am-6pm Monday to Friday and 8am-5pm Saturday.


Pharmacy

The Pharmacy ('Shop') will comprise of the following elements:

o Entrance to the northern side of the tenancy with no modifications to the existing façade or shopfront;

o The pharmacy will be occupied by up to four (4) staff at any one time;

o Areas for display and sale of items, sales service areas and pharmacy area for dispensing prescription medicines; and

o Associated storage areas.

The proposed hours of operation for the Pharmacy ('Shop') is 8am-7pm Monday to Friday and 8am-6pm Saturday and Sunday.

DESCRIPTION OF SITE

The subject site is bounded by a rail line to the north, Cowie Close to the west and Kep Court to the east. It is an unusual shaped site with a long, triangular area of car parking at the rear having access/egress to Kep Court. The main access is via Cowie Court.

The subject site fronts Clayton Street in Bellevue - a local road linked to Great Eastern Highway by nearby Lloyd Street. The Lloyd Street extension will join the existing street to Abernethy Road creating a southern link to the Midland Town Centre and surrounds.

The subject site contained the old Midland Military Market that was once a key attractor for visitors and the Midland community. The markets closed in 2007 following significant damage from fire. The site remained unused for approximately 10 years.

On 3 February 2010 Council approved the redevelopment of the site for a 'Showroom' and 'Warehouse' development. An Additional Use of 'Showroom' was approved over the whole site in 2010. It was considered that this site made a natural extension to the uses on the abutting Metropolitan Redevelopment Authority (MRA) land. A number of minor modifications to the original development approval have since occurred in that time, with the 'Showroom' and 'Warehouse' development constructed in 2017.

The subject site will eventually be separated from the general industrial properties to the east by the realignment of the freight rail line, which abuts the site. Effectively a buffer will be created between land uses, thus making this site with bulky goods retailing separate from industrial type land uses.


SITE HISTORY/PREVIOUS APPROVALS

DA-269/2018 Signage

DA-30/2018 24 hour market and warehouse

DA-623/2017 Signage

DA-607/2017 Change of use from Showroom/Warehouse to Educational Establishment (Tenancy 1A)

DA-479/2008 Showroom/Warehouse/Office

DA-479/2008/A Amendment to allow Markets

DA-479/2008/B Amendment to Showroom/Warehouse/Office

DA-479/2008/C Amendment to Showroom/Warehouse

DA-479/2008/D Showroom/Warehouse development

DA-479/2008/E Construction of additional mezzanine floors to Tenancy 5 and Tenancy 8

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil

APPLICANT'S SUBMISSION

The applicant's submission in relation to the mediation meeting in SAT is included as an attachment to this report.

In their original application, the applicant has provided the following justification for the proposal:

o The proposal will enhance the site's community offering and result in a substantial social benefit through the increased provision of essential medical/health services, particularly to the workers and residents of the surrounding catchment area.

o The proposed uses complement the uses already approved and operating at the subject site, including Showrooms, Spud Shed Fresh Food Market and Educational Establishment.

o The proposed uses may have a synergy with St John of God Hospital, located approximately 800m west of the subject site.

o The proposal represents the adaptive re-use of a portion of the existing building for suitable purposes.

o The proposed uses are of a relatively low intensity and unlikely to result in any impacts to the amenity of the locality.


PUBLIC CONSULTATION

Public consultation was carried out in the following manner:

Duration: 21 days between 28 February and 21 March 2019.

Method: A letter to all landowners within approximately 200m of the subject site. In addition to this details of the application were placed on the City's website.

Submissions Received: No submissions were received.

A subsequent round of advertising was undertaken in the following manner:

Duration: 21 days between 17 May and 7 June 2019.

Method: A letter to the same retail centres consulted under DA-30/2018 (Spud Shed)

Submissions Received: No submissions were received.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Metropolitan Redevelopment Authority

The application was referred to the Metropolitan Redevelopment Authority (MRA) for comment as the subject site abuts an MRA area. The following response was provided:

The Clayton Precinct accommodates the Midland Public and Private Hospital as well as the GP Superclinic and other comparable land uses. In addition, both Medical Centre and Pharmacy land uses are considered to be 'Preferred' uses within the Clayton Precinct, in accordance with the MRA's Midland Redevelopment Scheme 2.

Notwithstanding that the existing uses immediately to the west side of the subject site are predominantly showroom and similar type land uses, the MRA has no objection as the proposal is considered to be complementary to the existing development in the locality.

Public Transport Authority

The application was referred to the Public Transport Authority (PTA) for comment as the property abuts a Railway Reserve. Referral is mandatory under the Western Australian Planning Commission's current Notice of Delegation (DEL 2017/02).

No comment or objection was received from the PTA.


DETAILS

Zoning and Land Use Permissibility

The subject land is zoned 'Industrial' under the Metropolitan Region Scheme (MRS) and part 'Industrial Development' and part 'General Industry' under the City of Swan Local Planning Scheme No.17 (LPS17). The whole of the land is listed in Schedule 2 of the LPS17 as having Additional Use(s) of 'Markets', 'Public Amusement' and 'Showroom'.

The proposed change of use subject of this application is to a building wholly within the 'Industrial Development' zoned land.

The Zoning Table at 4.3 of LPS17 does not set out the permissibility of uses for the 'Industrial Development' zone, but instead stipulates 'Development and Use of land is to be in accordance with an approved Structure Plan.'

There is no approved structure plan for the land

Clause 5A.1.4.1 of LPS 17 sets out:

The local government is not to:

(a) consider recommending subdivision; or

(b) approve development of land within a Structure Planning Area unless there is a structure plan for the area or for the relevant part of that area that adequately defines the comprehensive planning detail required to guide orderly subdivision and development for urban land use.

Clause 5A.1.4.2 of LPS 17 states:

Notwithstanding Clause 5A.1.4.1, a local government may recommend subdivision or approve the development of land within a Structure Planning Area prior to a structure plan coming into effect in relation to the land, if the local government is satisfied that this will not prejudice the specific purposes and requirements of the Structure Planning Area.

Clause 5A.1.2.1 sets out the purposes of Structure Planning Areas are to:

(a) identify areas requiring comprehensive planning; and

(b) co-ordinate subdivision and development in areas requiring comprehensive planning.

The part of the land zoned ‘Industrial Development’ and therefore a Structure Planning Area was subject of a development application, subsequently approved and developed. Consequently the subject application will not prejudice the purposes of this Structure Planning Area, its full development having already occurred.

The purpose for which the classification of the use proposed under this application is pertinent is not with reference to the Zoning Table and use permissibility so much as to consideration of fulfilment of objectives of the Industrial Development zone set out at Clause 4.2.6.


Classification of Use and Objectives of Zone

In their application, the applicant has asserted that the Pharmacy component of the proposal should be classified as a 'use not listed' under 4.3 Zoning Table of LPS17. The categorisation as a 'use not listed' is rejected, as it is considered the proposal falls within the use class of 'Shop' given the retail nature of a Pharmacy. A 'Shop' is defined as:

…a premises used to sell goods by retail hire goods or provide services of a personal nature (including a hairdresser or beauty therapist) but does not include a showroom or fast food outlet.

The key consideration of this application is whether the proposed 'Medical Centre' and 'Shop' (Pharmacy) is consistent with the objectives of the 'Industrial Development' zone, being:

a) Provide for the coordinated development of future industrial areas through the application of a comprehensive plan to guide subdivision and development to be known as a 'structure plan';

b) Ensure that the coordinated provision of infrastructure, and the equitable sharing of service costs associated within the subdivision and development of industrial land;

c) Avoid the premature development of land for any purposes likely to compromise development elsewhere in the district or prejudice the future development of land in the Industrial Development zone for more appropriate purposes;

d) Protect the amenity of adjacent property owners as well as providing a safe, efficient and predictable context for future industrial development.

As already noted, Objective a) is already redundant as the site has been fully developed as a showroom precinct. Objective b) is also redundant for the same reason. Whether the application is consistent with Objective c) is a question as to whether the proposed 'Shop' (Pharmacy):

o Will adversely impact development in General Commercial zoned land, specifically the Midland Strategic Regional Centre; and

o Is appropriate within an existing bulky goods/large format retail precinct.

In order to adequately address these considerations, it is appropriate to reference State Planning Policy 4.2 Activity Centres in Perth and Peel (SPP 4.2), and also the City's Local Commercial and Activity Centres Strategy.

State Planning Policy 4.2 & Commercial Centres Strategy

SPP 4.2 addresses considerations for the provision of bulky goods retailing and mixed business areas, commercial uses in industrial zones and the requirement for a Retail Sustainability Assessment (RSA), including what constitutes a 'Major Development'. Similarly, the City's Strategy outlines matters to be considered for 'Out of Centre' development which reflect much of the requirements set out in SPP 4.2.


Out of Centre Development

The proposal entails the change of 620m² of constructed floor space for a 'Shop' use as defined under LPS17, and 424m² for the Medical Centre. The subject site is approximately 550m from the Midland Strategic Regional centre and is therefore considered an 'Out of Centre' development. Section 5.6 of SPP 4.2 defines an 'Out of Centre' development as:

1. Health, welfare, community services, entertainment, recreation, commercial and cultural facilities likely to attract a significant number of employees or users and/or generate significant vehicle trips should generally be located in, or adjacent to, activity centres.

2. Where such uses cannot be accommodated within, or adjacent to, activity centres development should be restricted to established Mixed Business or equivalent zones with good access to public transport, rather than being dispersed.

The applicant has contended that the proposed development does not qualify for consideration as “out of centre development” because it does not entail a significant number of employees, the amount being 8 (practitioners) for the medical centre and 4 for the pharmacy. The applicant’s documentation does not provide any estimation of the number of patrons likely to access either the medical centre or pharmacy. It is therefore not possible to determine whether such patronage would be significant.

A guide to what might be considered significant is the reference in the above to vehicle trips.

The State Planning Policy sets out in Appendix 1: Interpretations a reference to high trip generating land uses. A high trip generating land use is in all instances any land use that generates greater than 100 vehicle trips in peak hour or specifically for shops – any shop greater than 1000m2 gross floor area. There is no specific size reference for medical centre land use although there is a generic reference for offices that are greater than 5000m2 gross floor area. The medical centre is below this floor space threshold. The medical centre would not be expected to generate more than 4 patrons per general practitioner per hour or 32 persons per hour for a total of 64 vehicle trips in peak hour. The proposed pharmacy, as shop, is clearly below 1000m2 gfa and it is unclear whether the pharmacy would in peak period of patronage exceed 50 customers in an hour such that it might exceed 100 vehicle trips.

Using the above reference points in the State Planning Policy it is considered uncertain, but more likely than not that the proposed application would not constitute “out of centre development”.

Major Development

The application does not contain a Retail Sustainability Assessment (RSA). SPP 4.2 indicates at 6.5.2 that such assessments are required for 'Major Development' or '…any proposal that would result in the total shop-retail floor space of a neighbourhood centre exceeding 6,000m² NLA, or expanding by more than 3,000m² shop-retail NLA.' These requirements are also reflected in the City's Strategy.


'Major Development' is defined under SPP 4.2 as:

Development of any building or extension/s to an existing building where the building or extensions are used or proposed to be used for shop-retail purposes and where the shop-retail NLA of the:

o Proposed building is more than 10,000m²; or

o Extensions more than 5,000m².

With regard to the above, the following are noted:

o The amount of shop-retail floor space of the proposed 'Shop' (Pharmacy) is significantly below these thresholds; as such the proposal could not be considered 'Major Development' under SPP 4.2.

o The subject land and the proposal does not of itself constitute a defined neighbourhood centre in the City's Strategy. Whilst the amount of floor space used for shop-retail, when combined with the existing approved Spud Shed store that occupies the same complex, may in aggregate have floor space in the order of a small neighbourhood centre (between 1,500m² and 10,000m² NLA) it will not contain any of the typical characteristics of such centres as set out in Table 3 of SPP 4.2.

o As the complex in which it is proposed is not a neighbourhood centre it is not considered to meet the criteria of 6.5.2 to require a RSA.

For these reasons the application is considered to be consistent with the relevant Objective c) of the 'Industrial Development' zone in that it will not adversely impact development in General Commercial zoned land elsewhere within the district, inclusive of the Midland Strategic Regional Centre.

POL-TP-129 - Vehicle Parking Standards

The City's Vehicle Parking Standards Policy stipulates the parking standards for various land uses. Under the Policy, the rate of parking bays required is outlined below:

o Shop - 8 bays per 100m²; and

o Medical Centre - 1 space per 18m² of GLA, plus 1 space for each separate medical of dental office or laboratory.

A parking assessment for the proposal, taking into account the existing development and land uses throughout the site are detailed below. Note that the development exceeds the paring provisions required under this policy.


Land Use Required Bays

Building A

Education Establishment 8 bays

Shop 200 bays

Showroom 80 bays

Warehouse 32 bays

Building B

Showroom 262 bays

Warehouse 23 bays

Building C

Showroom 120

Warehouse 15

Medical Centre 25

Shop (Pharmacy) 50

TOTAL REQUIRED BAYS 815

TOTAL SUPPLIED BAYS 843 (28 surplus)

Given the proposal complies with the relevant development standards and is considered to be complementary to the existing approved land uses on site, the application is recommended for approval.


OPTIONS AND IMPLICATIONS

Option 1: That Council resolves to grant approval for the Change of Use to 'Medical Centre' and 'Shop' (Pharmacy) subject to conditions.

Implications: The development may proceed.

This is the recommended option.

Option 2: That Council resolves to refuse to grant development approval for the Change of Use to 'Medical Centre' and 'Shop' (Pharmacy) for the following reasons:

1. The proposed development is not compatible with the objectives of the 'Industrial Development' zone.

Implications: The matter may proceed to a hearing in the State Administrative Tribunal

This is not the recommended option.

CONCLUSION

The application is for a change of use of a portion of a building at Lot 44 (7) Clayton Street, Bellevue to 'Medical Centre' and 'Shop' (Pharmacy). The 'Medical Centre' is proposed to occupy existing Tenancy 12B and the proposed 'Shop'(Pharmacy) is proposed to occupy existing Tenancy 12A.

The land is zoned “Industrial Development” under Local Planning Scheme No.17. Both a 'Shop' and ‘Medical Centre’ are capable of approval within the 'Industrial Development' zone and the type and scale of these uses under this application are considered not to prejudice the objective of this zone inclusive of ensuring they do not adversely impact the development of commercial zoned land elsewhere within the district inclusive of the Midland Strategic Regional Centre.

The use is considered to have merit in this location and it does not entail any requirement for additional car parking. Conditional approval is recommended.

ATTACHMENTS

Applicant's Submission

Location Plan

Site Plan

Tenancy Layout

STRATEGIC IMPLICATIONS

City of Swan Local Commercial and Activity Centres Strategy


STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

State Planning Policy 4.2 - Activity Centres Perth and Peel

City of Swan Local Planning Scheme No.17

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) Approve the Change of Use to 'Medical Centre' and 'Shop'(Pharmacy) at Lot 44 (7) Clayton Street, Bellevue subject to the following conditions:

1. This approval is for a 'Medical Centre' as defined in the City of Swan Local Planning Scheme No.17.

2. This approval for ‘Shop’ is specifically limited to a pharmacy.

3. The approved 'Medical Centre' and 'Shop' (Pharmacy) is to 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.

4. The hours of operation for the 'Medical Centre' are from Monday to Friday 8am-6pm and Saturday 8am-5pm.

5. The hours of operation for the 'Shop' (Pharmacy) are from Monday to Friday 8am-7pm and weekends from 8am-6pm.

6. 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 from the City.

2) Advise the applicant/owner of Council's decision accordingly.

CARRIED

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PS ref: 5592 SAT ref: DR 103/2019 City ref: DA-95/2019 26 July 2019 City of Swan PO Box 196 MIDLAND WA 6990 Attention: Phil Russell, Manager Statutory Planning HUMICH NOMINEES PTY LTD & ORS V CITY OF SWAN SECTION 31 RECONSIDERATION REQUEST PROPOSED MEDICAL CENTRE AND PHARMACY Planning Solutions acts on behalf of Humich Nominees Pty Ltd & Ors, the landowner of Lot 44 (7) Clayton Street, Bellevue (subject site) and the Applicant of SAT matter DR 103/2019. Further to orders issued by Tribunal Member Patric de Villiers on 15 July 2019 in relation to the above matter, the following additional information is provided to inform the Respondent’s reconsideration of this development application, in accordance with section 31 of the State Administrative Tribunal Act 2004 (SAT Act). BACKGROUND The following background summary is provided with respect to the proposed development, which sets the context for this submission:

• Development application seeking approval for a 424m2 Medical Centre with eight consulting rooms, and a 620m2 Pharmacy lodged on 8 February 2019, and formally processed by the City on 15 February 2019.

• Advertising carried out for 21 days from 1/3/19 to 21/3/19, comprised of a sign on site, letters to adjoining properties, and notification on the City’s website. External referrals sent to the Public Transport Authority and Metropolitan Redevelopment Authority until 21/3/19.

• At the conclusion of the above processes (21/3/19), no responses received from the community, comments of ‘no objection’ received from the MRA, and no response received from the PTA.

• On 14 May 2019, Applicant advised by the City that a second advertising process to “relevant retail centres” required due to the key considerations of “the appropriateness of the use, inclusive of shop-retail floorspace within an out of centre development, and the intent and purpose of the zone”.

• Applicant submits application for review on 22 May 2019, on the basis of a ‘deemed refusal’. • Development application advertised for a second time from 17/5/19 to 7/6/19 to specific properties. No

responses received from the properties consulted during this second advertising period. • Mediation conference held between the Applicant and Respondent on 15 July 2019. Applicant ordered

to file with the Tribunal and give to the Respondent “further supporting information for the proposed pharmacy”, and the Respondent invited to reconsider its decision in light of the further supporting information at its Ordinary Council Meeting of 28 August 2019.

In accordance with the above, this submission provides further supporting information for the pharmacy.

Level 1, 251 St Georges Tce, Perth W

A(08) 9227 7970G

PO Box 2709

Cloisters Square PO 6850

admin@

planningsolutions.com.au

ww

w.planningsolutions.com

.auACN

143 573 184 ABN 23 143 573 184

Planning Solutions (Aust) Pty Ltd

ZONING AND OBJECTIVES The subject site is located at 7 Clayton Street, Bellevue. The portion of the subject site subject of this application is zoned Industrial Development under the City’s Local Planning Scheme No. 17 (LPS17). Additionally, the subject site is listed in Schedule 2 of LPS17 as having the additional uses of Markets, Public Amusement and Showroom. The subject site is located approximately 550m south-west of land zoned Midland Strategic Regional Centre The objectives of the Industrial Development zone of LPS17 are set out below: (a) provide for the coordinated development of future industrial areas through the application of a comprehensive plan

to guide subdivision and development to be known as a “Structure Plan”;

(b) ensure that the coordinated provision of infrastructure, and the equitable sharing of service costs associated with the subdivision and development of industrial land;

(c) avoid the premature development of land for any purposes likely to compromise development elsewhere in the district or prejudice the future development of land in the Industrial Development zone for more appropriate purposes;

(d) protect the amenity of adjacent property owners as well as providing a safe, efficient and predictable context for future industrial development.

With regard to the above objectives, (a) and (b) are redundant as the site has already been fully developed as a showroom precinct, which also contains a 4,150m2 Spudshed Fresh Food Market. The City has indicated previously in the Metro East JDAP agenda dated 18 July 2018 for the Spudshed approved at the subject site that objective (d) is “perhaps more relevant to the potential amenity impacts of industrial activities as opposed to a ‘Shop’. In any case, the proposed Medical Centre and Pharmacy uses are considered to be of a lesser intensity than the industrial activities characterising the locality, and therefore not resulting in amenity impacts. The remaining consideration is objective (c), and whether the proposed pharmacy (classified as a ‘Shop’ by the City, and identified as ‘out of centre’ shop-retail development) is contrary to any relevant provisions of State Planning Policy 4.2 – Activity Centres for Perth and Peel (SPP4.2) and the City’s Local Commercial and Activity Centres Strategy (Local Commercial Strategy). The following sections of this submission address these considerations in turn. STATE PLANNING POLICY 4.2 – ACTIVITY CENTRES FOR PERTH AND PEEL As noted above, the proposal includes a 620m2 Pharmacy (classified by the City as a ‘Shop’). The subject site is approximately 550m from the Midland Strategic Activity Centre and is therefore considered ‘out of centre’ development. With these facts in mind, an assessment against the relevant provisions of SPP4.2 is provided below. Section 5.6 of SPP4.2

5.6 Out of Centre Development

(1) Health, welfare, community services, entertainment, recreation, commercial and cultural facilities likely to attract a significant number of employees or users and/or generate significant vehicle trips should generally be located in, or adjacent to, activity centres.

(2) Where such uses cannot be accommodated within, or adjacent to, activity centres development should be restricted to established Mixed Business or equivalent zones with good access to public transport, rather than being dispersed.

The proposed Medical Centre and Pharmacy are reasonably considered to be ‘health’ facilities. However, given the relatively low number of employees (approximately 10 for the Medical Centre and 4 for the Pharmacy), the low-intensity nature of the uses, the small scale and specialised nature of the pharmacy (620m2), and the uses not having any particular peak period of operation, it is not considered the proposed ‘health’ facility warrants consideration under Section 5.6.

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Notwithstanding, we reiterate previous comments by the City in the Metro East JDAP agenda dated 18 July 2018 for the Spudshed approved at the subject site that “the location is marginally outside the Activity Centre boundary in an existing mixed business area comprising bulky goods facilities and will be approximately a kilometre from the proposed relocated Midland train station”. In this regard, even if the proposed ‘health’ activities were considered under Section 5.6, the uses are appropriate and meet the stated intent. Section 6.5.2 of SPP4.2 Under Section 6.5.2 of SPP4.2, retail sustainability assessments are required for what is classified as “major development” or “any proposal that would result in the total shop-retail floor space of a neighbourhood centre exceeding 6,000m2 NLA, or expanding by more than 3,000m2 shop-retail NLA”. Major Development is defined under the SPP4.2 as:

Development of any building or extension/s to an existing building where the building or extensions are used or proposed to be used for shop-retail purposes and where the shop-retail NLA of the: - Proposed building is more than 10,000m2;or - Extensions is more than 5,000m2

With regard to the above, the following key facts are noted:

• The subject site does not constitute a ‘neighbourhood centre’, as confirmed by the City within its report contained within the Metro East JDAP agenda of 18 July 2019.

• Even if the subject site were a ‘neighbourhood centre’, the proposed pharmacy entails 620m2 of gross floor area (GFA). This does not constitute an expansion of 3,000m2.

• The subject site contains an existing Spudshed of 4,150m2, which when added to the 620m2 proposed, does not exceed the prescribed 6,000m2 or meet the threshold of ‘major development’.

There is therefore no requirement whatsoever to consider the implications of trade impact on any other centres within the retail hierarchy. CITY OF SWAN LOCAL COMMERCIAL AND ACTIVITY CENTRES STRATEGY With regard to ‘out of centre’ development, Page 52 of the City’s Local Commercial Strategy states:

While the activity centre hierarchy is the focus for developing retail, commercial and other functions, in some individual circumstances it may be appropriate for these to operate at locations outside the hierarchy for a particular purpose.

Council must ensure that the integrity of the activity centre hierarchy is maintained, while nonetheless accommodating out-of-centre development of an appropriate scale and nature.

Out-of-centre developments need to be carefully assessed to ensure that such development occurs in a manner consistent with the achievement of a net community benefit without undermining the activity centres hierarchy.

It is again noted that the proposed pharmacy is 620m2, and therefore of a low scale. The nature of the propose use is specialised and relatively non-intensive (noting it is co-located with a Medical Centre and expected to operate conjunctively with one another). Additionally, the assessment carried out for SPP4.2 demonstrates the overall retail floorspace is not of a magnitude warranting any trade impact assessment, indicating there will be no undue impacts on the activity centres hierarchy.

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A brief assessment is also provided against the relevant considerations outlined by the Local Commercial Strategy:

Locational Framework – The applicant must demonstrate why the proposed out-of-centre location is being considered for retail or commercial development, including identifying why an in-centre or edge-of-centre location is not appropriate.

Response: in terms of location, the proposed ‘health’ activity meets the criteria for ‘out of centre’ development as required by Section 5.6 of SPP4.2. Therefore, the location is appropriate.

Accessibility Framework – The proposal should demonstrate equitable access by ensuring the provision of convenient pedestrian links, access to public transport (as relevant), bicycle access and convenient motor vehicle access and parking.

Response: the existing bulky goods precinct includes pedestrian links throughout the site, the site is within 1km of the proposed relocated Midland Train Station, and the existing facility contains a recently constructed parking area with convenient vehicle access to the surrounding road network.

Urban Design Framework – The proposal must demonstrate a high-quality urban design that is attractive and provides a high degree of amenity for users of the facility and the general community.

Response: the proposed activities are to be located within an existing building, recently constructed in 2017.

Economic Justification – The proposal must be supported by a suitably detailed economic or commercial assessment of the reasons for, and implications of, approval of the out-of-centre development.

Response: the Medical Centre and Pharmacy are proposed because it is understood there is a demand for such uses in this location.

Net community benefit – The planning application must provide an indication of the development proposal’s contribution to Net Community Benefit in terms of relevant aspects such as employment generation, impact on overall levels of vibrancy and sustainability of the locality, and contribution to liveability, social interaction, and other community-related goals.

Response: the proposal will provide an increased level of essential medical and pharmaceutical services, which will result in a net community benefit by enhancing the wellbeing of the surrounding local community.

CONCLUSION

Having regard to the preceding submission, a reconsideration for approval pursuant to section 31 of the State Administrative Tribunal Act 2004 is warranted.

Should you have any queries, or wish to discuss the above in further detail, don’t hesitate to contact the undersigned.

Yours faithfully,

_________________________ ALESSANDRO STAGNO SENIR PLANNER

Copy to: State Administrative Tribunal

190725 5592 s31 submission - Clayton Street.docx

Version: 1, Version Date: 15/02/2019Document Set ID: 4912721

Version: 1, Version Date: 15/02/2019Document Set ID: 4912721

3.8 State Administrative Tribunal Invitation to Reconsider Deemed Refusal of Proposed Change of Use to 'Medical Centre' and 'Shop' (Pharmacy) at Lot 44 (No.7) Clayton Street, Bellevue (DA95-19)

state administrative tribunal invitation to reconsider ... · in the state administrative tribunal...

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