3.4 PROPOSED CHANGE OF USE TO RESTAURANT WITH ALFRESCO - LOT 465 (STRATA UNIT 1, NO.104) SWAN STREET, GUILDFORD (DA510-15)

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1 3.4 PROPOSED CHANGE OF USE TO RESTAURANT WITH ALFRESCO - LOT 465 (STRATA UNIT 1, NO.104) SWAN STREET, GUILDFORD (DA510-15) Ward: (Midland/Guildford Ward) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES A development application has been received by the City for a change of use to Strata Unit 1 within Lot 465 Swan Street, Guildford from 'Office' to 'Restaurant' and for the use of 20m 2 of the road reserve out front for alfresco dining. The subject property is zoned General Commercial under Local Planning Scheme No.17 (LPS17) where restaurant is a P (Permitted) use within this zone. The City s Vehicle Parking Standards Policy (POL-TP-129) stipulates that a Restaurant use requires 1 space for every 4 persons the building is designed to accommodate. The proposed ground floor restaurant is designed to accommodate 23 persons (3 staff and 20 patrons), thus resulting in a car parking requirement of 6 bays. Car parking is the predominant concern in relation to the subject application as there is no on-site car parking bays allocated for exclusive use of the proposed restaurant, therefore the application results in a 6 bay car parking shortfall. The application was advertised to properties within 100m of the subject lot. It received 4 submissions with 3 objections and 1 non-objection. The issues raised by the objectors related to inadequate street car parking in the area. On-site car parking opportunities are limited within Guildford however there is no programme for provision of public parking through which the City may apply cash-in-lieu of car parking provisions to development approvals. Accordingly consideration is limited to a waiver of on-site provision, satisfactory arrangements for reciprocal parking or alternatively refusal. It is considered that there are sufficient parking opportunities along Terrace Road to absorb the 6 bay parking demand that the Scheme sets out for the proposed use. The availability of such bays extends through day and night time periods both during the week and on weekends. It is recommended that the Council provide dispensation for the 6 bay shortfall and approve the Change of Use from Office to Restaurant with additional Alfresco area for Strata Unit 1, Lot 465 Swan Street, Guildford subject to conditions. Page 1

2 AUTHORITY/DISCRETION The Council may approve (with or without conditions) or refuse the application. If the Applicant is aggrieved with the decision of Council a right of appeal may exist in accordance with Part 14 of the Planning and Development Act BACKGROUND Applicant: Louis Milanko Owner: Louis Milanko Zoning: LPS17 - General Commercial MRS - Rural Strategy/Policy: POL-C Guildford Conservation Precinct POL-TP- 129 Vehicle Parking Standards Development Scheme: Local Planning Scheme No.17 Existing Land Use: Office Lot Area: 648m 2 Use Class: Restaurant P DETAILS OF THE PROPOSAL The application proposes a change of use from 'Office' to 'Restaurant' with an additional alfresco area to the front. The internal restaurant component will have a floor area of 75m 2 while the alfresco area component will cover 20m 2. The restaurant will have a maximum of 20 patrons and 3 staff at any one time. DESCRIPTION OF SITE Strata Unit 1 is part of a complex of three units comprised within a building to the front of the triangular shaped Lot 465 which is situated at the junction of Swan Street and Terrace Road in Guildford. To the rear of the building is a paved parking area. The strata plan indicates three parking bays: - one bay per unit. SITE HISTORY/PREVIOUS APPROVALS P Change of Use from Office to Restaurant - Approved by Council, 01/09/2004. This approval was in respect to Units 2 and 3, and included a condition for a reciprocal car parking arrangement between the owner and a nearby landowner. It is understood that a deed of agreement between the City and the two owners was never executed. DA-288/ Change of Use to Office, Consulting Rooms & Restaurant Alfresco Area - Approved by Council, 01/09/2004. Council approved a 9 bay car parking shortfall for a change of use of the second storey of Units 1, 2 and 3 from Caretakers Dwelling to Office. The application also approved a 33m 2 alfresco area at the front of Units 2 and 3. Page 2

3 APPLICANT'S SUBMISSION The applicant has provided the following justification in support of the car parking shortfall: "I don't share your concerns about parking congestion, as recently space for 6 cars was eliminated by remediation of the median strip. I support that action, as I would like to see all cars removed from Terrace Road to Meadow Street to create a no-car zone. As this is a tourist town and the gateway to the Swan Valley I would prefer to see shops, restaurants, cafes etc. and pedestrians rather than a carpark. The only reason parking seems to be an issue after hours on the weekends is because everyone wants to park at the door of the restaurants and hotel. There is adequate parking at the Tourist Centre, Meadow Street, and also along Stirling Street. Car parking shouldn't be a major issue as demonstrated by the actions of the Town of Victoria Park who have created busiest and most vibrant restaurant strip along Albany Highway by relaxing and in some cases totally disregarding car parking requirements for established eateries. Also in the Town of Vincent, namely Oxford Street, a major restaurant strip, existing car parking bays have been covered with wooden platforms to create extra areas for alfresco dining. This to me, is innovation that should be nurtured and encouraged. In conclusion, our vision is for this part of Swan Street, being the oldest commercial area in the City of swan, potentially being the main entertainment/restaurant precinct East of Perth." PUBLIC CONSULTATION The application was advertised to properties within 100m of the subject lot. It received 4 submissions with 3 objections and 1 non-objection. The issues raised by the objectors related to inadequate street car parking in the area. CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS The application was referred to the Western Australian Planning Commission (WAPC) for determination as the subject lot is currently zoned Rural in the Metropolitan Region Scheme (MRS). DETAILS Zoning and Permissibility of Use The subject lot is zoned General Commercial under Local Planning Scheme No.17. The use of Restaurant is a P use within the General Commercial zone, meaning the use is permitted by the Scheme provided the use complies with the relevant development requirements of the Scheme. Page 3

4 The restaurant proposes to accommodate a maximum of 23 persons (20 customers and 3 staff). The restaurant proposes an internal floor area of 75m 2 while the alfresco area component will cover 20m 2. The proposed alfresco area is in keeping with the existing approved alfresco areas in front of Units 2 and 3 approved by Council on 15 June The application was referred to the City s heritage advisor who raised no objections to the proposal. In particular, it was identified that the alfresco respects the character of the surrounding area and is consistent with the existing approved alfresco areas. Car Parking POL-TP-129 stipulates that a Restaurant use requires 1 space for every 4 persons the building is designed to accommodate. The proposed restaurant is designed to accommodate 23 persons (3 staff and 20 patrons), thus resulting in a car parking requirement of 6 bays. There is a total of 5 on-site car parking bays located to the rear of the site. Each of the three units has been allocated its own exclusive car parking bay, with the remaining 2 bays available for shared use across the three units. While it is understood that the exclusive car parking bay for Unit 1 which is subject to this application, is reserved for the upper floor office rather than the proposed ground floor restaurant, there would be an opportunity to utilise this after office hours. However, given the applicant has confirmed that the car parking bay will not be used for the exclusive use of the restaurant, the change of use is considered to result in a 6 bay car parking shortfall for the purposes of this application. The City does not have a programme for the provision of additional public car parking bays within Guildford. In the absence of such a programme, the Scheme does not permit the Council, in this instance, to impose as a condition of any development approval a requirement to provide cash-in-lieu of 6 parking bays. Reciprocal parking arrangements for the use of parking facilities on other private land can be considered. Previous development within this complex of units was considered with a reciprocal parking arrangement with Guildford Landing. That was never executed and is not proposed here, noting that the owner of Guildford Landing is opposed to this application for fear of the use of his parking facilities by their patrons. Accordingly, given that cash-in-lieu of parking and reciprocal parking are not available options to redress the on-site parking shortfall, Council is faced with the prospect of either waiving the on-site parking requirement - having regard to the availability of onstreet parking or refusing the application. The proposed application is considered to represent a desirable increased activation of this part of the commercial precinct. It is considered that there are sufficient parking opportunities along Terrace Road to absorb the 6 bay parking demand that the Scheme sets out for the proposed use. The availability of such bays extends through day and night time periods both during the week and on weekends. For these reasons approval is recommended. Page 4

5 OPTIONS AND IMPLICATIONS Option 1: The Council may resolve to grant approval for the proposed Change of Use to Restaurant with additional Alfresco area at Lot 465 (Strata Unit 1, No.104) Swan Street, Guildford, allowing a car parking variation of six (6) bays subject to suitable conditions. Implications: The applicant will be able to proceed with the proposed office restaurant providing they also receive approval from the Western Australian Planning Commission under Clause 32 of the Metropolitan Region Scheme. This is the recommended option. Option 2: The Council may resolve to refuse the proposed Change of Use to Restaurant with additional Alfresco area at Lot 465 (Strata Unit 1, No.104) Swan Street, Guildford, on the grounds that the proposal does not comply with the City s parking requirements, and a shortfall in parking bays is likely to have an adverse impact on the functionality of the local road network and the amenity of the locality. Implications: The applicant will have the right of appeal to the State Administrative Tribunal. This is not the recommended option. CONCLUSION The proposed development is in line with all other Scheme provisions as well as relevant policy requirements and is supported on the following grounds: Restaurant is P (permitted) use in the General Commercial zone and is therefore deemed to be in line with the objectives of the zone; The on-site car parking shortfall can be adequately addressed through the existing provision of off-street car parking on Swan Street and Terrace Road. The additional alfresco component is considered to enhance the amenity of the locality by activating the street. The proposed change of use complies with all other relevant scheme provisions and policy requirements. ATTACHMENTS Location Plan Floor Plan & Alfresco Layout, Front Elevation Site Plan, Ground Floor Plan Page 5

6 STRATEGIC IMPLICATIONS Nil STATUTORY IMPLICATIONS Planning and Development Act 2005 Local Planning Scheme 17 Pol-TP-129 (Vehicle Parking Standards) FINANCIAL IMPLICATIONS Nil VOTING REQUIREMENTS Simple majority RECOMMENDATION That the Council resolve to: 1) Grant approval for the proposed Change of Use to 'Restaurant' and 'Alfresco Area' for Lot 465 (Strata Unit 1, No.104) Swan Street, Guildford subject to the following conditions: 1. Existing car parking bays and areas designed for landscaping, shall not be used for storage. 2. 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. 3. The development must be connected to the Water Corporation s sewer where available. 4. Prior to the lodgement of a building permit application for the proposed development on Lot 465 (No 104) Swan Street, Guildford ( the Land ) the owner of the Land 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 caused to any road reserve or other property of the City or to any person or property of any person arising out of the construction of the development or the use of the road reserve in connection with the development; Page 6

7 (b) (c) agrees to take out and maintain a policy of public liability insurance 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 the road reserve in connection with the development; and 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 owner shall be responsible to pay all costs associated with the City's solicitor's costs of and incidental to the preparation of (including all drafts) and stamping of the agreement and the lodgement of the absolute caveat. 5. The owner shall maintain at its cost the development constructed on the road reserve to the satisfaction of City and in accordance with the provisions of Regulation 17 of the Local Government (Uniform Provisions) Regulations 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 along with the specific advice notes listed below. (a) (b) (c) (d) The applicant also requires approval from the Western Australian Planning Commission under Clause 32 of the Metropolitan Region Scheme. New food premises must submit to Health Services either a New Food Business Registration Form or in the case of Charities and Community Groups a Notification Form for an Exempt Food Business prior to any food being prepared. Owners are advised to make themselves aware of the provisions and requirements of Regulation 17 of the Local Government (Uniform Local Provisions) Regulations 1996 and any penalties which may be imposed for a failure to comply with Regulation 17. In relation to Condition 4, owners are advised that it is the responsibility of the owner to contact the City s solicitors (currently McLeods: Phone ) to arrange the preparation of the deed of agreement required by Condition 2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval. 3) Advise those that lodged a submission of the Council's decision. Page 7

8 MOTION that the Council resolve to: 1) Refuse the proposed Change of Use to 'Restaurant' with additional alfresco area at Lot 465 (Strata Unit 1, No.104) Swan Street, Guildford and the associated dispensation for a shortfall of six onsite car parking bays, as calculated under the City's Vehicle Parking Standards Policy, for the following reason: 1. A dispensation of six onsite car parking bays will not adequately meet parking demand from the proposed business, and, consequently, is likely to result in illegal parking that will have an adverse impact on the functionality of the road network and on the provision of parking for other businesses in the locality. (Cr Henderson -) MOTION LAPSED due to the lack of a seconder. MOTION that the Council resolve to adopt the staff recommendation. RESOLVED (13/1) TO: (Cr Parasiliti Cr Johnson) 1) Grant approval for the proposed Change of Use to 'Restaurant' and 'Alfresco Area' for Lot 465 (Strata Unit 1, No.104) Swan Street, Guildford subject to the following conditions: 1. Existing car parking bays and areas designed for landscaping, shall not be used for storage. 2. 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. 3. The development must be connected to the Water Corporation s sewer where available. 4. Prior to the lodgement of a building permit application for the proposed development on Lot 465 (No 104) Swan Street, Guildford ( the Land ) the owner of the Land 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 caused to any road reserve or other property of the City or to any person or property of any person arising out of the construction of the development or the use of the road reserve in connection with the development; Page 8

9 (b) (c) agrees to take out and maintain a policy of public liability insurance 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 the road reserve in connection with the development; and 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 owner shall be responsible to pay all costs associated with the City's solicitor's costs of and incidental to the preparation of (including all drafts) and stamping of the agreement and the lodgement of the absolute caveat. 5. The owner shall maintain at its cost the development constructed on the road reserve to the satisfaction of City and in accordance with the provisions of Regulation 17 of the Local Government (Uniform Provisions) Regulations 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 along with the specific advice notes listed below. (a) (b) (c) (d) The applicant also requires approval from the Western Australian Planning Commission under Clause 32 of the Metropolitan Region Scheme. New food premises must submit to Health Services either a New Food Business Registration Form or in the case of Charities and Community Groups a Notification Form for an Exempt Food Business prior to any food being prepared. Owners are advised to make themselves aware of the provisions and requirements of Regulation 17 of the Local Government (Uniform Local Provisions) Regulations 1996 and any penalties which may be imposed for a failure to comply with Regulation 17. In relation to Condition 4, owners are advised that it is the responsibility of the owner to contact the City s solicitors (currently McLeods: Phone ) to arrange the preparation of the deed of agreement required by Condition 2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval. 3) Advise those that lodged a submission of the Council's decision. Page 9

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