Application for Food and Beverage Production, Outbuildings ...

Ordinary Meeting of Council 14 December 2016

3.5 APPLICATION FOR FOOD AND BEVERAGE PRODUCTION, OUTBUILDINGS (INCLUDING SEA CONTAINERS), RETAINING WALLS & SIGNAGE - LOT 80 (NO.49) ASHTON ROAD, BULLSBROOK (DA625-16)

Ward: (North Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application seeks approval for the use of Lot 80 (No.49) Ashton Road, Bullsbrook for Food & Beverage production (bottling of honey), outbuildings (319m2), retaining walls and signage.

• The land is zoned “General Rural” under the City’s Local Planning Scheme No.17 and a “Food and Beverage Production” is a “D” use within this zone.

• The application was advertised for a period of 14 days. During this time one objection was received which opposed the use of the land and its effect on residential amenity.

• As the bottling of honey on the site is largely seasonal and dependent on relative demand, the applicant proposes a maximum of 2 employees on site at any one time and operating hours of 8AM to 5PM Monday to Sunday. The number of vehicle trips on site on any day are to be approximately 6, which is not considered more than a single residential dwelling.

• As the site includes 319m2 of GLA for the use of 'Food and Beverage Production', approximately 7 parking bays are required. The lot has ample space to park visitor vehicles, therefore with the low number of staff attending the site and lack of retail sale on the allotment it is not considered that vehicle parking will cause an undue detrimental impact on the amenity of the area.

• As a low scale commercial operation using existing rural sheds to process a natural product, it is considered to fulfil the objectives of the “General Rural” zone.

It is recommended that the Council grant approval to the Food and Beverage Production, Outbuildings, Retaining Wall and signage on Lot 80 (No.49) Ashton Road, Bullsbrook, subject to conditions.

AUTHORITY/DISCRETION

Council has discretion pursuant to Clause 10.3 of Local Planning Scheme 17 to approve (with or without conditions) or refuse applications for planning approval. If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 5 of the Planning and Development Act 2005.


BACKGROUND

Applicant: Iris Ives and Edward Esberey Owner: Xiaobo (Jack) Wang Zoning: LPS17 - General Rural MRS - Urban, Rural Strategy/Policy: POL-TP-126 Building and Development Standards -

Rural Zones POL-TP-129 Vehicle Parking Standards

Existing Land Use: Single House Lot Size: 22889m2 Lot Area: Bullsbrook Use Class: Food and Beverage Production 'D'

DETAILS

Zoning and Permissibility of Use

The subject property is zoned 'Urban' and 'Rural' under the Metropolitan Region Scheme (MRS) and 'General Rural' under the City's LPS17.

The definition of 'Food and Beverage Production' under the City's Local Planning Scheme No.17 is:

"Means a building in which food and beverages are manufactured or processed, and which in the opinion of the local government does not affect the amenity of the locality by the emission of noise, odours or other waste, the generation of vehicular traffic or visual intrusion."

As the premises and associated structure will be used for the bottling and storage of honey, it is best considered to meet this definition. This use is a 'D' or discretionary use in this zone.

Objectives of the zone

The subject lot is located within the General Rural zone under the City's Local Planning Scheme No.17.

The objectives of the General Rural Zone are:

a) Facilitate the use and development of land for a range of productive rural activities which will contribute towards the economic base of the region;

b) Provide for a limited range of compatible support services to meet the needs of the rural community, but which will not prejudice the development of land elsewhere which is specifically zoned for such development;

c) Ensure the use and development does not prejudice rural amenities, and to promote the enhancement of rural character;

d) Ensure that development and land management are sustainable with reference to the capability of land and the natural resource values.


It is considered that the use of the land will contribute to the economic base for the region, providing a product made from local honey bees, meeting objective (a). The operation of the Food and Beverage Production facility is to provide a service to the greater Bullsbrook region in the form of food production and is also considered to meet objective (b).

Vehicle and Traffic

The applicant has advised that no one resides on the site, with the existing shed at the front of the lot converted into a storage structure incidental to the 'Food and Beverage Production'.

The City's Vehicle Parking standards require 2 bays per 100sqm of industrial GLA. With a total GLA of 319m2, this requires 7 car bays on site. The site does not involve any retail sale of goods and only seeks 6 vehicle movements per day,

The applicant has advised the only vehicle to access the site during operating hours will be a single van or utility which will include 3 individual trips to and from the site. This equates to 6 vehicle movements per day which is similar or less than a standard residential dwelling. As two workers operate from the site, it is reasonable to assume that this will not pose any greater vehicular or traffic concern than a single dwelling would accommodate. Given that the site has the capability to accommodate the 7 vehicles required under this policy, it is the officer's position that an adequate provision of parking of vehicles is provided.

Opening Hours

The applicant contends that the operating hours of the business will be:

Monday to Sunday - 8AM to 5PM

However, as the business is largely seasonal normal 'opening hours' will likely be less than this dependant on volume of honey produced on and off site. It is unlikely that by allowing the business to operate 7 days a week that this will unduly impact on the amenity of adjoining property owners as the issues relating to traffic and noise will be no greater than a standard residential dwelling. Conditions to reflect this will be recommended for approval.

Waste Management

The City's Health Services recommend that a number of conditions and advice notes apply to the this approval which include the provision of refuse bin areas, treatment of waste and registration as a new food business. Accordingly, these will be included as part of the recommendation.

Signage

The applicant has installed a single wall mounted sign to the existing shed on the site. The sign is 2.88m2 in area, elevated 2.4m from natural ground level and orientated to face Ashton Road. As the sign is partially obscured from existing vegetation and is located over 30m from the primary street boundary, it is considered that this will not cause an undue visual dominance on the established rural character of the area.


Retaining Walls

It is noted that the site also includes a retaining wall which adjoins the storage structure at the front of the lot. The maximum height of the retaining wall is to be 1.6m from natural ground level. As the retaining is required due to the natural topographic features on the lot, and given the impact on surface drainage patterns will be minimal, it is recommended this structure is capable for approval.

On the basis of the above it is not considered that the proposed land use and associated buildings will have an adverse impact on the rural amenity of the locality, inclusive of its environmental qualities as required by objectives (c) and (d).

OPTIONS AND IMPLICATIONS

Option 1: That Council approve the application for Food and Beverage Production, Outbuildings, Retaining Walls and Signage on Lot 80 (No.49) Ashton Road Bullsbrook, subject to the following conditions and advice notes.

1. This approval is for 'Food and Beverage Production' as defined in the City of Swan Local Planning Scheme No.17; including outbuildings, retaining walls and signage and the subject land may not be used for any other use without prior approval of the City.

2. No more than two staff members may operate from the site at any time.

3. Operating hours of the Food and Beverage Production are to be:


4. Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City's Manager Health and Buildings Services within 60 days of the date of this approval.

5. All stormwater produced on the site shall be contained on the site to the satisfaction of the Chief Executive Officer.

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 of the City.

ADVICE NOTES:

a) The application for approval to construct or install an apparatus for the Treatment of Sewage Form and the required fee is to accompany the Building License application.

b) In accordance with the Health Act 1911 and the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974, an application to construct an on-site effluent disposal system must be submitted to and approved by the City's Manager Health and Building Services, prior to the construction of such a system.


c) The proposed development is not to be within 1.2 metres of any sewerage septic tank or 1.8 metres of any effluent leach drain without the City's approval.

d) The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997. All development works are to be carried out in accordance with control of noise practice set out in Section 6 of AS2436-1981 or the equivalent current Australian Standard. No works shall commence prior to 7.00am without the City's approval.

e) 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 or sold on the premises.

Implications: The applicant will receive development approval for the use and associated structures and will legitimise the use on the site.

This is the recommended option.

Option 2: That Council refuse the application for Food and Beverage Production, outbuildings, retaining walls and signage at Lot 80 (No.49) Ashton Road, Bullsbrook, for the following reason:

1. The development is not in accordance with the objectives of the General Rural zone and the development does not constitute orderly and proper planning.

Implications: The applicant would have the right of review to the State Administrative Tribunal.

This is not the recommended option.

CONCLUSION

The application seeks retrospective approval for the use of Food & Beverage Production including outbuildings (319m2), retaining walls and signage at Lot 80 (No.49) Ashton Road, Bullsbrook.

The land is zoned “General Rural” under the City’s Local Planning Scheme No.17 and a “Food and Beverage Production” is a “D” use within this zone.

The application was advertised for a period of 14 days. During this time one objection was received which opposed the use of the land and its effect on residential amenity.

As the bottling of honey on the site is largely seasonal and dependent upon relative demand, the applicant proposes a maximum of 2 employees on site at any one time and operating hours of 8AM to 5PM Monday to Sunday. The number of vehicle trips to/from the site on any day is to be approximately 6, which is not considered more than a single residential dwelling.


As the site includes 319m2 of GLA for the use of 'Food and Beverage Production', approximately 7 parking bays are required. As the rural lot has ample space to park visitor vehicles, and granted the low number of staff attending the site and lack of retail sale on the allotment, it is not considered that vehicle parking will cause an undue detrimental impact on the amenity of the area.

As the use on the site is in accordance with the objectives of the General Rural Zone and given that the use of honey bottling, storage and dispatch to other sites is a relatively low impact use it is the officer's position that the use and associated structures are capable for approval.

It is recommended that the Council grant approval to the Food and Beverage Production, outbuildings, retaining wall and signage on Lot 80 (No.49) Ashton Road, Bullsbrook, subject to conditions.

ATTACHMENTS

Aerial Photo

Site plan 1

Site plan 2

Elevation plan

Signage photo

STRATEGIC IMPLICATIONS

Nil.

STATUTORY IMPLICATIONS

City of Swan Local Planning Scheme No.17

Building and Development Standards - Rural Zones (POL-TP-126)

Vehicle Parking Standards - POL-TP-129

FINANCIAL IMPLICATIONS

Nil.

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Approve the application for Food and Beverage Production, Outbuildings, Retaining Walls and Signage on Lot 80 (No.49) Ashton Road, Bullsbrook, subject to the following conditions and advice notes.

1. This approval is for 'Food and Beverage Production' as defined in the City of Swan Local Planning Scheme No.17; including outbuildings, retaining walls and signage and the subject land may not be used for any other use without prior approval of the City.

2. No more than two staff members may operate from the site at any time.

3. Operating hours of the Food and Beverage Production are to be:


4. Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City's Manager Health and Buildings Services within 60 days of the date of this approval.

5. All stormwater produced on the site shall be contained on the site to the satisfaction of the Chief Executive Officer.

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 of the City.

ADVICE NOTES:

a) The application for approval to construct or install an apparatus for the Treatment of Sewage Form and the required fee is to accompany the Building License application.

b) In accordance with the Health Act 1911 and the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974, an application to construct an on-site effluent disposal system must be submitted to and approved by the City's Manager Health and Building Services, prior to the construction of such a system.

c) The proposed development is not to be within 1.2 metres of any sewerage septic tank or 1.8 metres of any effluent leach drain without the City's approval.

d) The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997. All development works are to be carried out in accordance with control of noise practice set out in Section 6 of AS2436-1981 or the equivalent current Australian Standard. No works shall commence prior to 7.00am without the City's approval.


e) 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 or sold on the premises.

2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise the submitter of the Council's decision.

CARRIED

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