Proposed Cafe - Lot 200 (No.950) West Swan Road, Caversham ...€¦ · Ordinary Meeting of Council...

Ordinary Meeting of Council 28 August 2019

3.18 PROPOSED CAFE - LOT 200 (NO.950) WEST SWAN ROAD, CAVERSHAM (DA396-19)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• This application seeks planning approval for a Café ('Restaurant') to be located at Lot 200 (No.950) West Swan Road, Caversham.

• The proposed vegetarian/vegan café is to operate within a portion of the existing shed and verandah on the property: Monday to Friday 6am to 2pm and Saturday and Sunday 8am to 2pm.

• The café is proposed to have a maximum of 20 customers at any one time with permanent seating positioned under the verandah and on picnic tables on the grassed area. The proposal also includes an area for the parking of 13 vehicles. The applicant has suggested that on a given day, the maximum number of patrons that may attend the café is between 40 and 60 persons.

• The subject lot is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under the City's Local Planning Scheme No.17 (LPS17). A 'Restaurant' is a 'D' (Discretionary) land use.

• The proposed development is compliant with the City's parking standards.

• The application was referred to the Department of Planning, Lands and Heritage as the subject site abuts a Category 2 Other Regional Road. The Department noted they had no objection to the proposal on regional transport grounds subject to a traffic impact statement being submitted in support of the proposal. City staff consider that a Traffic Impact Statement is not required for this application as it is considered to fall below the criteria for such set out under the Western Australian Planning Commission Transport Impact Assessment Guidelines Volume 4 (2016).

• The application was advertised to all landowners and occupiers within 500 metres of the subject site and all interest groups within the Swan Valley area. During this period two (2) submissions of objection were received from the Swan Valley Tourism Alliance and Grape Growers Association.

• The subject property falls within Area B of the Swan Valley Planning Act 1995 and was referred to the Swan Valley Planning Committee (SVPC) for consideration at their meeting on 5 August 2019. The SVPC resolved to recommend that the application be refused as it was considered not to comply with objectives 8.1, 8.2, 8.3, 8.4, 8.6 and 8.7 of the Swan Valley Planning Act. It was also considered by the Committee that the development footprint is greater than 10% of the lot area and that there will be land use conflict due to the proximity of adjoining agricultural uses.


• Subject to conditions requiring installation of a physical and vegetated screen around the perimeter of the restaurant car park to screen potential spray drift from adjoining properties and the sealing of the car parking to prevent dust generation, the application is considered to not adversely impact surrounding viticulture nor prevailing rural character.

• City staff therefore consider that the proposal is generally consistent with the objectives for Area B of the Swan Valley Planning Act 1995 and the objectives of the Swan Valley Rural zone under LPS17.

It is recommended that the Council resolve to not accept the advice of the Swan Valley Planning Committee and, pursuant to Local Planning Scheme No.17, approve the application for a restaurant at Lot 200 (No. 950) West Swan Road, Caversham subject to conditions.

AUTHORITY/DISCRETION

Pursuant to cl. 30B (5) of the Metropolitan Region Scheme (MRS), where the City of Swan does not accept the advice/recommendation of the Swan Valley Planning Committee in relation to an application, the City of Swan is required to refer the application together with any recommendations provided by all bodies consulted, and the reasons why the advice/recommendation of the Committee is not accepted by the City of Swan, to the Western Australian Planning Commission for determination under the MRS.

Local Planning Scheme No. 17 (cl. 10.3)

Notwithstanding the above, the Council has discretion in accordance with clause 10.3 of the City's Local Planning Scheme No.17 (LPS17) to approve (with or without conditions) or refuse the application.

2015 Regulations (cl. 68 (2))

Council has discretion in accordance with clause 68(2) of the Planning and Development (Local Planning Scheme) 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


BACKGROUND

Applicant: C Clegg Owner: I J Ridley and M D Ridley Zoning: LPS17 - Swan Valley Rural, Regional Reserve - Other Regional

Road MRS - Rural, Other Regional Road Strategy/Policy: POL-TP-129 - Vehicle Parking Standards Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Single House Lot Size: 4,302m² Use Class: Restaurant (Café) 'D'

DETAILS OF THE PROPOSAL

This application seeks planning approval for a Café to be located at Lot 200 (No. 950) West Swan Road, Caversham. The café is to operate from a portion of the existing shed and verandah; Monday to Friday 6am to 2pm and Saturday and Sunday 8am to 2pm. Two main staff members are to operate the café with a maximum of three casual/part-time employees for busy periods. The café is proposed to have a maximum of 20 customers at any one time with permanent seating positioned under the verandah and on picnic tables on the grassed area. The applicant has suggested that a maximum of 40 to 60 patrons will attend the café over the course of a day. Thirteen car parking bays are proposed to be located on site, accessible from Hamersley Road. Bicycle racks are also proposed to be located on site to cater for bicycle traffic on West Swan Road.

DESCRIPTION OF SITE

The subject lot is located at Lot 200 (No.950) West Swan Road, Caversham and is situated on the south eastern corner of the intersection of West Swan Road and Hamersley Road. The site is currently occupied by a single dwelling and sheds at the southern end of the property with the subject shed located just north of the centre of the site.

The property to the south is occupied by a single house, ancillary dwelling and garage. The properties to the east and opposite on both Hamersley Road and West Swan Road are occupied by dwellings and extensive vineyards.

The site has an existing Additional Use (AU25) for 'Light Industry (Timber Craft Work - manufacture, restoration, display and sales)'. This is limited to the three buildings on the southern side of the property.


SITE HISTORY/PREVIOUS APPROVALS

DA-671/2006 and DA-671/2006/A - Restaurant

DA-134/2011 - Alterations and Additions to Existing Dwelling

DA-694/2012 - Commercial Vehicle Parking (One Prime Mover and One Semi-Trailer) Retrospective

DA-154/2017 - Patio Additions to the Existing Single House

DA-299/2017 - Additions to Single House

APPLICANT'S SUBMISSION

The applicant has provided a description of the business which is summarised below:

• The proposal is to open a vegetarian/vegan café specialising in preparing and selling produce, food and beverages and roasted coffee sourced from local and surrounding areas of the Swan Valley.

• The café will be focused on having a relaxed rural feel which will be apparent due to the existing mature eucalyptus trees, the use of a shed structure for the body of the café, rustic farming artefacts on the café grounds from the Swan Valley and views of neighbouring vineyards.

• A café/restaurant has previously been approved on site (as well as some light industry uses). These planning approvals confirm the site is well located and suitable. What is being proposed as part of this application is smaller and simpler than what has been previously approved.

PUBLIC CONSULTATION

The application was advertised to all landowners within 500m of the subject site and all interest groups within the Swan Valley for a period of 14 days. During this time, two (2) objections were received from the Swan Valley Tourism Alliance and the Grape Growers Association.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Department of Planning, Lands and Heritage

The application was referred to the Department of Planning Lands and Heritage in accordance with the Instrument of Delegation Del 2017/02 as the subject site abuts a Category 2 Other Regional Road. The Department noted they had no objection to the proposal on regional transport grounds subject to a traffic impact statement being submitted in support of the proposal. It was suggested this would demonstrate that the Hamersley Road/West Swan Road intersection would operate efficiently for all turning movements.


Swan Valley Planning Committee

The subject site is located within 'Area B' of the Swan Valley Planning Act 1995. The proposed development was required to be referred to the Swan Valley Planning Committee (SVPC) in accordance with section 2 (iv) of the Swan Valley Planning Committee Delegation. The application was referred to the SVPC meeting in August where the Committee resolved to refuse the application as it was not considered to comply with objectives 8.1, 8.2, 8.3, 8.4, 8.6 and 8.7 of the Swan Valley Planning Act. It was also considered that the development footprint is greater than 10% of the lot area and that there will be land use conflict due to the proximity of adjoining agricultural uses.

DETAILS

Zoning and Land Use Permissibility

The land is zoned 'Swan Valley Rural' under the City's Local Planning Scheme No. 17 (LPS17) and 'Rural' under the Metropolitan Region Scheme.

The Café meets the definition of 'Restaurant' land use under LPS17 which is defined as:

"A premises where the predominant use is the sale and consumption of food and drinks on the premises and where seating is provided for patrons, and includes a restaurant licensed under the Liquor Control Act 1988."

The 'Restaurant' use is a 'D' (discretionary) land use within the Swan Valley Rural zone and is therefore capable of approval.

Objectives of the Swan Valley Rural Zone

The objectives of the Swan Valley Rural zone are to:

a) promote the core area of the Swan Valley primarily as a horticultural, recreational, tourism and landscape resource;

b) provide for limited rural living within the Swan Valley, subject to locational, design and landscaping requirements to enhance the character and amenity of the valley and to ensure compatibility with productive rural activities;

c) recognise the occurrence of high quality horticultural soils and scarce plastic clays and to protect these resources from development which would jeopardise their current and future use;

d) ensure that the development and use of land accords with the planning objectives for Area B as specified in the Swan Valley Planning Act 1995.

The objectives of the Swan Valley Planning Act Area B are as follows —

1. The protection of viticulture

2. The provision of water for viticulture and horticulture and the discouragement of other activities that have high water demands.

3. The encouragement of tourist facilities provided that they do not detract from the rural character of the area.


4. The encouragement of traditional activities of the Swan Valley and industries associated with viticulture, horticulture and cottage industry provided that they are compatible with the rural character of the area.

5. The encouragement of the consolidation of retail and community facilities at Herne Hill, Caversham and West Swan;

5A. The limited expansion of existing retail and community facilities at Herne Hill, Caversham and West Swan;

6. The compatibility of design, siting and landscaping with the character of the area.

7. The discouragement of uses that are incompatible with the rural character and traditional agricultural activities of the area.

8. The extraction of basic raw materials so far as it is compatible with the character and amenity of the area and subject to the rehabilitation of the affected land;

9. The subdivision into lots of less than 4 hectares only where this is consistent with the objectives set out in this section;

10. The avoidance of overstocking, of activities causing pollution or degradation of the environment and of any other land management practices detrimental to the amenity of the area

Assessment of the application against each of the above objectives is as follows.

In regard to objective a), a café, among other premises, operates as a venue for socialisation and recreation. Such premises draw customers from the resident population of the locality in which they are located and further afield. The vegan/vegetarian café proposes to prepare and sell produce, food and beverages and roasted coffee sourced from local and surrounding areas of the Swan Valley. To that end, this proposal is considered to comply with the objective of promoting the area for recreation and tourism.

In regard to objective b), it is considered that the provision of rural living opportunities is not relevant to this application.

In regard to objective c); the subject site is 4,302m² in area and is not currently used for any agricultural activity. The application is predominantly a change of use of the existing buildings on the lot but does entail the development of a car parking area of approximately 750m². Whether or not the proposal prejudices the use of existing soils on site for horticulture or extraction is considered to be a question as to whether or not the lot is of sufficient size to be used in a commercially viable manner for productive agriculture or clay extraction purposes, and whether the car park would make any meaningful prejudicial impact on such use.

At 4,302m2 in area, the subject lot is significantly less than the minimum lot size of four hectares indicated in the planning objectives for Area B under the Swan Valley Planning Act 1995. Such minimum has often been taken as the necessary threshold for commercially viable viticultural production. It is suggested that the lot is simply too small to make use of for viticulture and likely horticulture such that construction of the car park associated with the use of the land as a restaurant will not in reality have the effect of prejudicing potential use of the lot’s soils for such purpose.


Objective d) encompasses the Swan Valley Planning Act 1995 objectives for Area B. The submissions of objection contend that the proposed development is inconsistent with these objectives. The Swan Valley Planning Committee contends that the proposed development is inconsistent with objectives 1, 2, 3, 4, 6 and 7. The issues pertinent to this application in relation to these objectives are considered as follows.

Protection of Viticulture

The first and, it is suggested, most important objective for Area B, is the protection of viticulture. The two submissions of objections cited potential for land use conflict arising from the proximity of surrounding viticultural properties.

The Environmental Protection Authority publication Guidance for the Assessment of Environmental Factors: Separation Distances between Industrial and Sensitive Land Uses (Guidance Statement No. 3) recommends nominal separation distances between sensitive land uses, (such as a restaurant) and a range of other land uses that may generate emissions (noise, light, odour, dust, particles etc.) which might adversely impact those sensitive uses. For viticulture, the Guidance Statement indicates a 500m separation distance to a sensitive use is required unless it can be demonstrated that appropriate management practices or measures can be implemented to mitigate against such emissions.

The lot subject of this application abuts properties that are under vine at No.14 Hamersley Road to the east and south, No.15 Hamersley Road on the other side of this road to the north and No.899 West Swan Road and Lot 2988 West Swan Road on the other side of this road to the west. The shed to be used for the restaurant and the car parking area are situated in the northernmost portion of the land making it closest to No.14, No.15 and Lot 2988. The closest vines are on No.14 Hamersley Road where they are estimated to be approximately 17 metres from the shed in which the restaurant is proposed and approximately 8 metres from the eastern edge of the proposed carpark. It is considered that spray drift from these adjoining viticultural properties is the emission most likely to cause potential grievance to restaurant customers using the car park, as the limited duration of customers onsite and situated within the restaurant is unlikely to see machinery noise of nuisance.

The most effective mitigation measures against spray-drift are understood to be a combination of semi-permeable screening, erected as close to the point of spray emission as possible and to a height equivalent to the point of spray release and dense vegetation.

It is considered that a treatment entailing both screening and landscaping around the northern, eastern and western perimeters of the proposed carpark would be required to assist in mitigating against any spray drift impact from the closest of the surrounding vines. It is recommended that the imposition of such a requirement as a condition of development approval would enable the application to comply with the planning objective for the protection of viticulture.

The submissions of objection also raised concerns in relation to the proposed surface of the carpark (compacted but unsealed road base) generating dust that might coat the adjoining vines, particularly those on No.14 Hamersley Road. As the potential for such emission from the subject lot would be considered to be potentially harmful to surrounding viticulture, it is considered reasonable and appropriate to require, as a condition of any approval of the application, that the car parking area be sealed.

In relation to objective 2 of the Swan Valley Rural zone it is not considered that the proposed restaurant is a use with a high water demand and would not be depriving any adjoining viticultural or horticultural properties from access to water.


Rural Character

This application predominantly relates to a change of use of one existing shed on the land. No modifications to the façade of the shed are proposed as part of this application. The extent of the existing buildings on the lot, whether or not they exceed the 10% of lot area site coverage provision of the City’s Local Planning Policy POL-TP-126 - Building and Development Standards is considered immaterial. Those approved buildings are already part of the prevailing rural character of the locality and the proposed developed does not change this. It is considered that only the addition of a car parking area of 750m2 introduces any new physical element that might detract from this existing rural character although it is noted that such area is very similar to a paved area to the front of No.899 West Swan Road.

It is considered that the vegetation to be incorporated around the perimeter of the car parking area as part of effective screening against potential spray-drift will have the supplementary effect of reducing the visibility of the carpark and enhancing a “rural feel” to the property.

The small scale of the proposed restaurant in terms of patronage and its day time hours of operation are such that noise and traffic impacts that might arise are not considered to be of an extent would adversely impact the rural character.

Other Planning Objectives for Area B

The balance of the planning objectives for Area B - 5, 5A, 7, 8, 9 and 10; pertain respectively to the consolidation of retail and community facilities at Herne Hill, Caversham and West Swan, discouraging incompatible uses, extraction of raw materials, subdivision and avoiding polluting or degrading land uses that might adversely affect the environment and amenity of the area.

The proposal is neither a shop retail use nor extractive activity; does not entail subdivision and does not include significant clearing of vegetation. The application is therefore not considered to be inconsistent with these objectives.

Parking Adequacy

Under the City's Local Planning Policy POL-TP-129 'Vehicle Parking Standards,' the parking requirement for a 'Restaurant' is as follows:

"1 space for every 4 persons the building is designed to accommodate"

The proposed café is designed to accommodate 20 customers. Two main staff are proposed who reside on site and three additional staff are proposed during busy periods.

The parking requirement is 6 car bays. The proposed car parking area provides parking bays for 13 vehicles. A surplus of car bays is proposed onsite.


Traffic

The Department of Planning recommended that a Traffic Impact Statement be submitted in support of the proposal. It was suggested this would demonstrate that the Hamersley Road/West Swan Road intersection would operate efficiently. The Western Australian Planning Commission's Transport Impact Assessment Guidelines Volume 4 (2016) identify that a Transport Impact Statement is required for entertainment venues/restaurants where the proposal is for 100-1000 persons (seats) or the venue is to be 200-2000m². The development proposed for this site seeks approval for a maximum of 20 customers and occupies an area of approximately 100m². Part 6.5 of the aforementioned guidelines outline that for developments smaller in size than those in the transport impact statement column, no transport information will generally be required.

Further to this, the applicant has suggested that on any given day, a maximum of between 40 to 60 patrons may attend the café. Assuming patron occupancy of 3-4 patrons per car, this would generate 20 cars or 40 vehicles per day. This is well below the peak vehicle movement threshold of 100 vehicles during peak hours that would also generate a requirement for a Transport Impact Assessment.

It is recommended that any approval of the application include a condition on maximum occupancy of 20 persons.

It is noted that the access to the proposed café is to be from the existing crossover from Hamersley Road. City staff consider the location of the crossover to be acceptable and is approximately 20m from the tangent point of the kerb at the intersection.

Proposed Amendment No.176

Proposed Amendment No.176 to the City’s Local Planning Scheme No.17 would seek to prohibit a restaurant use from being approved on this land which is zoned “Swan Valley Rural”. Whilst the public advertising process has been completed, City staff must still complete an assessment of the received submissions and make a recommendation to Council as to whether to support adoption of the amendment as is, or a modification to it in response to any issues raised in submissions or to not support it. As this has not yet occurred it is considered that no weight should be given to the proposed Amendment No.176 in the determination of this application.


OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to not accept the advice of the Swan Valley Planning Committee and grant conditional approval to the application for a Café to be located at Lot 200 (No. 950) West Swan Road, Caversham.

Implications: The application will be approved under the Local Planning Scheme No. 17 and a recommendation of approval will be forwarded to the Western Australian Planning Commission for consideration.

This is the recommended option.

Option 2: Council may resolve to refuse the application for a Café at Lot 200 (No. 950) West Swan Road, Caversham for the following reasons:

1. The proposal is considered to be inconsistent with the planning objectives for Area B of the Swan Valley Planning Act 1995 and therein is incompatible with the objectives of the Swan Valley Rural zone as outlined in the City's Local Planning Scheme on that grounds that:

i. The proposed development is incompatible with the rural character of the surrounding area; and

ii. The proposed development will have a detrimental impact on the rural character of the area.

Implications: The applicant would have the right of review of the decision by the State Administrative Tribunal if aggrieved.

This is not the recommended option.

CONCLUSION

This application seeks planning approval for a vegetarian/vegan café ('Restaurant') to be located at Lot 200 (No. 950) West Swan Road, Caversham. The café is to operate Monday to Friday 6am to 2pm and Saturday and Sunday 8am and 2pm with a maximum of 20 customers at any one time. The proposal allows for the parking of 13 vehicles. City staff recommend that the application be approved for the following reasons:

1. The proposal promotes tourism within the Swan Valley.

2. The property is not considered to be viable for commercial viticultural or horticultural purposes and therefore would not jeopardise the current or future use of the land.

3. The proposal is considered not to detract from the rural character of the area.

4. The proposal is considered to be low scale in that it is unlikely to generate a level of traffic detrimental to the character of the area.

5. Additional measures can be implemented to ensure a sufficient level of protection of the existing viticulture lots and their operations within proximity of the proposal.


ATTACHMENTS

Location Plan

Site Plan

Elevations

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Swan Valley Planning Act 1995

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Metropolitan Region Scheme

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) Grant approval for the application for a Proposed Café to be located at Lot 200 (No. 950) West Swan Road, Caversham subject to the following conditions:

1. This approval is for a 'Restaurant' as defined in the City's Local Planning Scheme No. 17 and the subject land may not be used for any other use without the prior approval of the City.

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

3. The hours of operation shall be limited to:

• Monday - Friday: 6am to 2pm

• Saturday and Sunday: 8am to 2pm

4. A maximum of 20 patrons are permitted on site at any one time.

5. A total of 13 car parking bays shall be provided on the lot in accordance with the approved plans. The design of vehicle parking and access must comply with AS/NZ 2890.1 (as amended). Accessible parking bays must comply with AS/NZ 2890.6 (as amended).

6. All vehicle parking, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

7. All crossovers must be built and maintained in accordance with the City’s specifications.

8. All stormwater produced on site shall be disposed of on site to the satisfaction of the City of Swan.

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

10. Prior to commencement of operation of the restaurant, the applicant/owner must prepare a Spray Mitigation Plan to the satisfaction of the City of Swan that makes provision for a constructed barrier and planted landscaping screen around the perimeter of the restaurant car parking area in order to screen potential spay drift from the surrounding viticultural properties.

11. Prior to commencement of operation of the restaurant, the measures identified in the approved Spray Mitigation Plan are to be installed to the satisfaction of the City of Swan and maintained thereafter.


12. Prior to commencement of operation of the restaurant, a detailed Landscaping Plan must be submitted to, and approved by the City of Swan. The Landscaping Plan must identify the location, number, size and species of trees and shrubs proposed to be planted along the northern and western boundaries to screen portions of the car parking area from the view of West Swan Road and Hamersley Road to the satisfaction of the City of Swan.

13. Prior to the commencement of operation of the restaurant, the vegetation must be planted in accordance with the approved Landscaping Plan and thereafter maintained on-site to the satisfaction of the City of Swan.

14. 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. No works shall commence on site prior to 7:00am without the City's approval.

15. New food premises must submit to Health Services a New Food Business Registration Form. The kitchen fit out must comply with the provisions of the Australia New Zealand Food Standards Code.

16. Future signage for the development shall be submitted to the City of Swan as a separate development application for approval.

17. 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.

2) Advise the applicant/owner of the resolution of Council

3) Recommend approval of the application to the Western Australian Planning Commission.

MOTION that the Council resolve to:

1) Refuse the application for a proposed café to be located at Lot 200 (No.950) West Swan Road, Caversham for the following reasons:

1. The proposal is not considered to be consistent with the objectives of the Swan Valley Rural zone under the City’s Local Planning Scheme No.17 pertaining to compliance with the planning objectives for Area B as specified in the Swan Valley Planning Act 1995 in that:

(i) The subject site is in very close proximity to surrounding vineyards and the introduction of customer visitation to the site is likely to create land use conflict that may retard the capacity of those surrounding properties to undertake viticultural operations (principally spraying of vines).

(ii) The introduction of a 750m2 sealed car park would, in conjunction with the extent of existing buildings on this small lot, not be consistent with rural character.

(Cr Henderson – Cr Zannino)


RESOLVED (11/4) TO:

1) Refuse the application for a proposed café to be located at Lot 200 (No.950) West Swan Road, Caversham for the following reasons:

1. The proposal is not considered to be consistent with the objectives of the Swan Valley Rural zone under the City’s Local Planning Scheme No.17 pertaining to compliance with the planning objectives for Area B as specified in the Swan Valley Planning Act 1995 in that:

(i) The subject site is in very close proximity to surrounding vineyards and the introduction of customer visitation to the site is likely to create land use conflict that may retard the capacity of those surrounding properties to undertake viticultural operations (principally spraying of vines).

(ii) The introduction of a 750m2 sealed car park would, in conjunction with the extent of existing buildings on this small lot, not be consistent with rural character.

For: Crs Catalano, Elliott, Haynes, Henderson, Johnson, Jones, Kiely, Kovalevs, Lucas, McNamara and Zannino

Against: Crs Bailey, McCullough, McDonnell and Scanlan

DISCLAIMER: Information shown hereon is a composite of information from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.

27 June 2019

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