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Metro East Joint Development Assessment Panel

Agenda

Meeting Date and Time: Thursday 8 August 2013; 3:00pm Meeting Number: MEJDAP/24 Meeting Venue: Department of Planning Room 3.17

140 William Street Perth Attendance

DAP Members Mr Eugene Koltasz (Presiding Member) Mr Kent McDowall (Specialist Member) Cr Ron Hoffman (Local Government Member, City of Gosnells) Cr Ron Mitchell (Local Government Member, City of Gosnells) Officers in attendance Mr Craig Shepherd (DAP Secretariat) Ms Ashleigh Thompson (City of Gosnells Department of Planning Minute Secretary Ms Zoe Hendry Applicant and Submitters Mr Simon Wilkes (Urbis) Members of the Public Nil 1. Declaration of Opening

The Presiding Member declares the meeting open and acknowledges the past and present traditional owners and custodians of the land on which the meeting is being held.

2. Apologies

Mr Matthew Young (Deputy Presiding Member)

3. Members on Leave of Absence

Nil

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4. Noting of Minutes The Minutes of the Metro East JDAP Meeting No.23 held on 23 July 2013 were not available at time of Agenda preparation.

5. Disclosure of Interests

Member/Officer Report Item Nature of Interest Mr Matt Young 8.1 Indirect Pecuniary Interest

– Rowe Group has acted for Primewest on other matters

6. Declarations of Due Consideration

Any member who is not familiar with the substance of any report or other information provided for consideration at the DAP meeting must declare that fact before the meeting considers the matter.

7. Deputations and Presentations

Nil

8. Form 1 - Responsible Authority Reports – DAP Application

Nil

9. Form 2 – Responsible Authority Reports - Amending or cancelling DAP development approval

9.1 Application Details: Fast Food Outlet (McDonalds) Property Location: 2150 (Lot 107) Albany Highway, Gosnells Applicant: McDonald's Australia Limited c/o Urbis Owner: Jencrest Holding Pty Ltd Responsible authority: City of Gosnells Report date: 22 July 2013 DoP File No: DP/13/00197

10. Appeals to the State Administrative Tribunal

Nil

11. Meeting Closure

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Form 2 - Responsible Authority Report (Regulation 17)

Application Details: Fast Food Outlet (McDonalds)

Property Location: 2150 (Lot 107) Albany Highway, Gosnells

DAP Name: Metropolitan East Joint Development Assessment Panel

Applicant: McDonald's Australia Limited c/o Urbis

Owner: Jencrest Holding Pty Ltd

LG Reference: DA13/00068

Responsible Authority: City of Gosnells

Authorising Officer: Luke Gibson (Manager Planning Implementation)

Department of Planning File No: DP/13/00197

Report Date: 22 July 2013

Application Receipt Date: 19 July 2013

Application Process Days: 3 days

Attachment(s): 1. Determination Letter and Approved Plans dated 31 May 2013.

2. Location Plan 3. TPS 6 Zoning Plan 4. Amended Development Plans -

Proposed Site Plan (DA01 - Revision D), Truck Paths (DA02 - Revision D), Ground Floor Plan (DA03 - Revision B), First Floor Plan (DA04 - Revision B), Elevations A and B (DA05 - Revision B) and Elevation C and D (DA06 - Revision B) dated 9 July 2013.

5. Applicant's Justification Letter dated 17 July 2013

Recommendation: That the Metro East Joint Development Assessment Panel resolves to: 1. Accept that the DAP Application reference DP/13/00197 as detailed on the

DAP Form 2 dated 19 July 2913 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DP/13/00197 as detailed on the DAP

Form 2 date 19 July 2013 and accompanying plans DA01, DA02, DA03, DA04, DA05 and DA06, dated 9 July 2013, in accordance with the provisions of the City of Gosnells Town Planning Scheme No. 6, for the proposed minor amendment to the approved Fast Food Outlet (McDonalds) at 2150 (Lot 107) Albany Highway, Gosnells.

Amended Conditions Nil.

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Advice Notes 1. All other conditions and requirements detailed on the previous approval dated

31 May 2013 shall remain unless altered by this application.

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Background:

Property Address: 2150 (Lot 107) Albany Highway, Gosnells

Zoning MRS: Urban

TPS: District Centre

Use Class: Fast Food Outlet

Strategy Policy: Local Planning Policy 5.2 - Gosnells Town Centre Development

Development Scheme: Town Planning Scheme No. 6

Lot Size: 3,287m²

Existing Land Use: Commercial - Gosnells Village Shopping Centre

Value of Development: $3.7 million

History: On 31 May 2013, the Metropolitan East Joint Development Assessment Panel (JDAP) resolved to approve an application, subject to conditions, for a Fast Food Outlet (McDonalds) at 2150 (Lot 107) Albany Highway, Gosnells. More specifically, the application sought approval for the following:

The construction of a two storey building to be used as a McDonald's Restaurant. The outlet will have a gross floor area of 631m2.

Hours of operation are proposed to be 24 hours per day, 7 days per week.

The ground floor includes a dining area, outdoor terrace area, playland, drive-through services, kitchen and sales areas, and a corral for refuse storage. The second floor includes a dry goods store, freezer area, refrigerator area, offices and staff training facilities.

Provision of eight permanent parking bays, two staff parking bays and two waiting bays. The drive through service will provide queuing for up to 13 vehicles in addition to the two waiting bays.

Access to the site will be through an existing crossover from Albany Highway as well as via the adjoining Lot 100 and the subject site.

A pylon sign, two directional signs and eight wall signs.

Landscaping works.

A copy of the determination letter, including the approved plans, is contained as Attachment 1. Site Context: The subject site is located near the intersection of Albany Highway and Fremantle Road and contains an existing commercial development, known as the Gosnells Village Shopping Centre. The property is surrounded by commercial uses incorporating shops, to the south-east and south-west of the site, the Gosnells Hotel and Gosnells Railway Markets to the north-west and residential development to the north-east. A plan showing the location of the property is contained as Attachment 2.

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The subject site is zoned Urban under the Metropolitan Region Scheme (MRS) and District Centre under the City of Gosnells Town Planning Scheme 6 (TPS 6). A plan showing the zoning under TPS 6 is contained as Attachment 3. The subject property is within a Special Control Area known, which requires any application to be assessed against Local Planning Policy 5.2 - Gosnells Town Centre Development. Albany Highway is classified as a 'Primary Distributor' road, and Fremantle Road is classified as a 'District Distributor A' road under the Perth Metropolitan Functional Road Hierarchy. The property contains two vehicular access points from Albany Highway, one through the northern end of the property, and the other through the southern portion, which is access via and shared with the adjoining Lot 100. Details: The amended application involves the following:

Revised internal layout in order to better suit the décor design for new McDonald's restaurants.

Minor relocation of the southern customer entrance fronting Albany Highway to address potential issues relating to safety.

Minor relocation of the northern customer entrance facing internally into the car parking area, to accommodate the revised internal layout.

Widening the eastern crossover by 1m (from 7.6m to 8.6m) to allow additional width to accommodate the delivery truck entering into the site.

It should be noted that the footprint and envelope of the development remains unchanged. A copy of the amended development plans and the applicant's justification letter are contained as Attachment 4 and 5 respectively. Legislation & policy: Legislation

Metropolitan Region Scheme

Planning and Development Act 2005

Town Planning Scheme No. 6

State Government Policies

State Planning Policy 4.2 - Activity Centres for Perth and Peel Local Policies

Local Planning Policy 5.2 - Gosnells Town Centre Development

Local Planning Policy 4.1 - Public Consultation

Local Planning Policy 4.5 - Development - Landscaping

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Consultation: The application was originally advertised for public comment for 14 days in accordance with TPS 6 requirements, during which time 10 submissions were received, three objecting to the proposal, six raising no-objection and one which provided comment. The application was also referred to Main Roads WA for comment as the site abuts Albany Highway. Due to the nature of the submissions previously received and the proposed amendment being minor, it is considered that advertising the amended application is not warranted in this instance. Planning assessment: It is considered that the modifications proposed are minor in nature and do not alter the use or any of the assessment responses discussed in the report to the Metropolitan East JDAP on 31 May 2013. As such, it will be recommended that the Metropolitan East JDAP approve the revised application dated 19 July 2013, with all other conditions and associated advice notes of the original planning approval dated 31 May 2013 remaining valid and applicable. Conclusion: The amended application is supported as the modifications do not substantially change the development approved.

DEVELOPMENT APPLICATION - 2150 (LOT 107) ALBANY HIGHWAY, GOSNELLS - FAST FOOD OUTLET

Location Plan

MGA94 ZONE 50

LOCATION PLANThe Ci ty of Gosnel ls provides the information

conta ined he re in. The Council of the

Ci ty of Gosnel ls shall not be liable for

any loss or damage how soever caused

as a resul t o f re l iance upon information

conta ined in these documents. M :\PROJEC TS\Planning \workspaces\ag enda\AT_2150_AlbanyHwy.wor

DATE: 15/04/2013 SC ALE: 1:1750

DEVELOPMENT APPLICATION - 2150 (LOT 107) ALBANY HIGHWAY, GOSNELLS - FAST FOOD OUTLET

TPS 6 Zoning Plan

MGA94 ZONE 50

LOCATION PLAN

SPECIAL

The Ci ty of Gosnel ls provides the information

conta ined he re in. The Council of the

Ci ty of Gosnel ls shall not be liable for

any loss or damage how soever caused

as a resul t o f re l iance upon information

conta ined in these documents. M :\PROJEC TS\Planning \workspaces\ag enda\AT_2150_AlbanyHwy.wor

DATE: 15/04/2013 SC ALE: 1:1750

FINAL GOSNELLS AMENDED APPLICATION_17JULY2013

17 July 2013

Chief Executive Officer City of Gosnells PO Box 662 GOSNELLS WA 6990

Attention: Lidija Langford – Senior Planner, Planning Implementation

Dear Lidija,

McDonald’s Australia Limited – Minor Modification to DAP Approval (DAP Application DA 13/00068) - Lot 107 (2150) Albany Highway, Gosnells

We refer to the Development Application for a Drive-Through Fast Food Outlet at the abovementioned location, which was approved by the Metropolitan East Joint Development Assessment Panel (JDAP) on the 31

st May 2013.

In response to various access, safety and overall restaurant configuration, some modifications to the approved McDonald’s restaurant development are required. Accordingly, this application formally requests a modification to the existing approval pursuant to Regulation 17(1) of the DAP Regulations 2011.

Urbis, on behalf of McDonald’s Australia Limited, submit the enclosed development application for a minor amendment. This application includes:

- A completed DAP Form 2 (Application for amendment or cancellation of a Development Assessment Panel determination).

- A cheque for $150.00, being the applicable amount for an application for an amendment to a JDAP determination.

- A cheque for $2,763.60, being the City’s applicable fee for an amended application of this nature.

- 1x A3 copy of the existing approved DA plans.

- 3x A3 copies of the proposed modified DA plans.

- 1x CD, containing electronic copies of the modified plans, a copy of this amended application letter and the signed DAP Form 2.

The changes proposed are generally in accordance with the changes discussed at a meeting held with City Officers on the 9

th July, 2013. Based on this meeting, we understand there is in-principle support

for the changes proposed at the Officer level, however this is subject to a formal assessment and approval process under Regulation 17(1) of the Regulations.

The modified application is fundamentally unchanged from the original approval; the changes primarily relate to the internal configuration of the restaurant, as well as the relocation of restaurant entrances and widening of the shopping centre crossover.

FINAL GOSNELLS AMENDED APPLICATION_17JULY2013 PAGE 2

BACKGROUND AND CONTEXT

The Metropolitan East JDAP granted McDonald’s approval for the development of a drive-through fast food outlet and associated landscaping and signage on 31 May 2013. A copy of the JDAP approval is attached to this letter.

Following this approval and in preparing the building license, it has come to McDonald’s and the store licensee’s attention that the approved entrance fronting Albany Highway could potentially result in safety concerns for children utilising the playland and terrace area. Given the current playland and terrace area is not enclosed and separated from the customer entrance, there is potential for children to unexpectedly exit the restaurant and be directly exposed to traffic both within the drive-through facility as well as on Albany Highway. Consequentially, McDonald’s is seeking to relocate the Albany Highway entry in order to allow the terrace area to be completely closed off, improving patron safety in this area.

Further, McDonald’s is also seeking to progress some minor changes to the internal layout of the restaurant facility, both on the ground and first level, in order to improve the overall layout and efficiency of the store. This has resulted in the need to relocate the internal customer entrance 3m to the west. A minor change to the shopping centre crossover to allow the delivery vehicle to enter the site in a safer and efficient manner is also proposed.

PROPOSAL

There are only a few minor changes to the development proposal approved by the Development Assessment Panel on 31 May 2013. The proposed changes are limited to the following:

1. Revised internal layout in order to better suit the décor design for new McDonald’s restaurants. 2. Minor relocation of the southern customer entrance fronting Albany Highway to address

potential issues relating to child safety. 3. Minor relocation of the northern customer entrance, facing internally into the carparking area,

to accommodate the revised internal layout. 4. Widening of the eastern crossover by 1m (7.6m to 8.6m) to allow additional width to

accommodate the delivery truck entering into the site.

The footprint and envelope of the development remains unchanged, with modifications undertaken to improve the overall operation and efficiency of the store, as well as address potential safety concerns. Given the minor nature of the proposed changes, it is our view that advertising of the application is not required in this instance.

Please note that the revised plan also includes the addition of traffic calming measures (2x speed humps), however given these were required as a result of conditions imposed on the planning approval and accordingly, these modifications do not form part of this application. Similarly, an additional sign is proposed at the exit to the drive-through facility to direct traffic to the shopping centre exit, if they are travelling south on Fremantle Road. Again, given this modification was required as a result of conditions on the planning approval, this sign does not form part of this application. Both of these modifications have been provided to the City as part of a separate and internal approvals process.

The proposed scope of works subject to this application is documented on the accompanying plans prepared by Hindleys and Associates Architects. The areas subject to change from the existing approval have been clouded red on the plan. For the sake of clarity, all drawings have been re-issued, regardless of whether there are changes or not – in order to provide a complete set of plans associated with the modified proposal that will supersede the current approved plans. Amended drawings also have a new revision number.

FINAL GOSNELLS AMENDED APPLICATION_17JULY2013 PAGE 3

A copy of the current approved Site Plan (S01), Truck Path Plan (DA02), Floor Plans (DA03 and DA04) and Elevations (DA05 and DA06) are also provided, which illustrates the existing approved location of the restaurant entrances and internal layout of the restaurant building.

OUTLINE OF PROPOSED CHANGES

Internal Restaurant Modifications

In accordance with McDonald’s revised seating layout for new restaurants, minor modifications are proposed to the internal seating layout. The changes to the internal layout are clouded red on Plan DA03.

As a result of these changes, minor changes to the kitchen, storage and freezer areas are required, including the relocation of the McCafe. The key changes are summarised below:

- Ground Level –

o The corral area will be reconfigured to accommodate a larger filter room and a relocated refrigerator area which is currently approved on the first floor, to enable direct access by employees.

o The McCafe is proposed to be relocated centrally within the restaurant building as opposed to its existing northern location, adjoining the playland. This will allow for the centralisation of ‘back of house’ facilities and will allow a direct connection between the McCafé and kitchen/servery area.

o In response to the centralisation of kitchen/café facilities, the dining area is proposed to be contained along the northern façade of the restaurant building, provide a direct outlook for customers.

o The terrace area will also be revised in response to the relocation of the customer entry to respond to potential issues of child safety. The terrace area will now be shut off, allowing a separate entry corridor to the restaurant building. Accordingly, the seating within the terrace area has been revised to respond to the reduced area. The number of seats within this terrace area (30 seats) will not change as a result of these modifications.

- First Floor –

o Extension to the freezer area due to the relocated of the existing approved refrigerator area.

o Minor reconfiguration of staff office area.

The internal changes proposed will not add any seats overall; rather it will result in the loss of 2 dining seats.

Relocation of Customer Entrances

This application also proposes the minor relocation of the 2 restaurant customer entrances in response to potential safety concerns associated with the playland area, as well as a result of modifications to the internal layout of the restaurant.

One entrance to the restaurant is located via a doorway on the northern façade, facing internally to the carparking area, and the other via a doorway on the southern façade, on Albany Highway, which will be accessed via a raised pedestrian crossing over the exit of the drive-through facility.

FINAL GOSNELLS AMENDED APPLICATION_17JULY2013 PAGE 4

With respect to the southern entrance on Albany Highway, this application proposes to relocate the entrance approximately 4m to the south to address concerns raised by the licensee in relation to the potential for children to unexpectedly exit the restaurant facility from the playland/terrace area via the doorway, and therefore being exposed to traffic both within the drive-through facility and on Albany Highway.

Relocation of this entrance to the south will allow the terrace and playland areas to be completely closed off, resulting in a separate and enclosed entrance corridor to the restaurant Albany Highway, as shown on Plan DA03. As a result of this modification, the raised pedestrian entrance over the drive-through is proposed to be relocated to the east. Further, the landscaping treatments in this area were required to be updated to reflect this change (refer Landscaping Plan attached).

Further, in response to the modifications proposed to the internal layout of the restaurant, the northern restaurant entrance is proposed to be relocated approximately 3m to the west. The revised entry will be centrally located within the customer dining area, with a direct connection to the front counter area and McCafe.

Widening of Eastern Crossover

This application also proposes the widening of the eastern crossover (shopping centre access) to allow the delivery truck to enter the site in a safer and more efficient manner. This modification is shown on Plan DA01 and DA02.

As documented in our previous application, the delivery truck will still exit the site via the Albany Highway crossover.

PLANNING ASSESSMENT

Regulation 17(1) of the Planning and Development (Development Assessment Panels) Regulations 2011 states:

An owner of land in respect of which a development approval has been granted by a DAP pursuant to a DAP application may apply for the DAP to do any or all of the following —

a) …

b) …

c) to amend an aspect of the development approved which, if amended, would not substantially change the development approved;

d) …

It is clear from the detailed outline provided in this application that the proposed modifications are of a minor nature and do not substantially change the approved development. The proposed modifications also do not alter the level of compliance with the relevant local and regional planning framework.

FINAL GOSNELLS AMENDED APPLICATION_17JULY2013 PAGE 5

With respect to carparking requirements under the City of Gosnells Town Planning Scheme No.6, the following table provides an updated calculation based on the revised seating and queuing area proposed by the application:

TABLE 1 – CARPARKING ASSESSMENT

TPS 6 CLAUSE SUMMARY PREVIOUS REQUIREMENT PROPOSED REQUIREMENT

- 1 space for every 2.5m² queuing

area with a minimum of 4 spaces,

plus

A combined queuing area of 24.8m² is

included for the restaurant and McCafe

components.

At a rate of 1 bay per 2.5m² of queuing

area, this necessitates 10 (9.92) car

bays.

A combined queuing area of 23m²

is now proposed for the

restaurant and McCafe

components.

At a rate of 1 bay per 2.5m² of

queuing area, this necessitates

10 (9.2) car bays.

- 1 space for every 5m² seating

area, plus

56.4m² of seating area is provided in

the restaurant.

At a rate of 1 bay per 5m² seating

area, this necessitates 12 (11.28) car

bays.

54m² of seating area is now

proposed.

At a rate of 1 bay per 5m² seating

area, this necessitates 11 (10.8)

bays.

- 4 car queuing spaces for any drive

through facility.

4 bays 4 bays

Total Scheme Requirement 26 bays (25.2) 24 bays

Based on the amended restaurant queuing and seating area as well as the drive through queuing area, a total of 24 bays is required to be provided for the McDonald’s restaurant, which is 2 bays less than the previous requirement for the approved store layout.

The amended application retains the 25 car parking bays (including the 8 fixed bays, 2 staff parking bays and 15 bays associated with the drive-through), however this excludes the 16 bays currently provided on site, which service the existing commercial development. Accordingly, the carparking proposed now exceeds the Scheme requirement by 1 bay.

Further, the carparking provided still presents an oversupply of 12 bays in accordance with the carparking requirements outlined in the Gosnells Town Centre Development Policy.

CONDITIONS

Due to the minor nature of the changes, we consider the replication of the existing 12 conditions that were applied to the existing approval to be appropriate. We are of the opinion that this application does not warrant the addition of any new conditions.

FINAL GOSNELLS AMENDED APPLICATION_17JULY2013 PAGE 6

CONCLUSION

We trust the above provides clarification regarding the extent of changes proposed as part of this minor modification application. Given the minor nature of the application, we respectfully request that the matter be referred to the Metropolitan East JDAP for approval in a timely manner.

Please give either myself or Megan Gammon a call on (08) 93460 500 if you require any further information or would like to discuss the matter further.

Yours sincerely,

Simon Wilkes Associate Director - Planning

Enc. A copy of the Metro East JDAP Approval (dated 31 May 2013)

Completed DAP Form 2.

JDAP Fee - Cheque ($150.00).

City of Gosnells Fee – Cheque ($2,763.60).

1x A3 copy of the existing DA plans.

3x A3 copies of the modified DA plans.

1x CD, containing an electronic copy of the modified DA plans, a copy of the approved DA report and plans and the signed DAP Form 2.