3.2 PROPOSED SIKH TEMPLE AND EDUCATIONAL AND …€¦ · 3.2 PROPOSED SIKH TEMPLE AND EDUCATIONAL...

Ordinary Meeting of Council 16 December 2009

Cr Haynes declared a financial interest in Item 3.2 by virtue of a donation to her election campaign by the Applicant. Cr Haynes left the Chamber at 6.44pm and was absent during the whole of the debate on Item 3.2 and did not speak or otherwise participate in the decision making process.

3.2 PROPOSED SIKH TEMPLE AND EDUCATIONAL AND CULTURAL CENTRE ('PLACE OF WORSHIP') - LOT 597 (NO. 10) CHELTENHAM STREET, WEST SWAN

(Swan Valley) (Development Services)

KEY ISSUES

• The application is for the establishment of a Sikh Temple and Educational and Cultural Centre ('Place of Worship') on the subject site, and encompasses a meditation hall, dining hall/gymnasium, kitchen and toilet facilities, two (2) classrooms, a caretaker's residence and a teacher's residence. The development will be serviced by a 166 bay car parking area. The Temple will have a maximum capacity for 400 people.

• The subject lot is currently zoned ‘Urban Deferred’ under the Metropolitan Region Scheme and 'General Rural' under the City's Local Planning Scheme No.17.

• The proposed Sikh Temple is defined as a ‘Place of Worship’ under the City’s Scheme, being a discretionary use of Council within land zoned ‘General Rural.’

• ‘Place of Worship’ is defined as premises used for religious activities such as a church, chapel, mosque, synagogue or temple.

• The land is located within the draft Swan Sub Regional Structure Plan which has identified the area for future residential development (commonly known as West Swan West Structure Plan).

• The proposal was publicly advertised and at the conclusion of the advertising period, the City had received 13 submissions, with 5 submissions objecting to the proposal. The only planning concern given for objecting were relating to traffic impact.

• The application was forwarded to Main Roads WA ('MRWA') on the basis of the site's proximity to a Primary Regional Road Reserve (future Perth-Darwin Highway). MRWA advised the City that it had no objection to the proposal.

It is recommended that the Council resolve to approve the proposal to establish a Sikh Temple and Educational and Cultural Centre (‘Place of Worship’) on the subject lot, subject to appropriate conditions.


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 exists in accordance with Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: RPS Koltasz Smith Owner: Sikh Gurdwara Perth Inc Zoning: TPS - General Rural MRS - Urban Deferred Strategy/Policy: State Planning Policy 4.3 (Poultry Farms)

POL-C-126: Development Standards - Rural Zones POL-C-129: Development Standards - Vehicle Parking

Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Vacant site Lot Size: 3.9ha Area: 1790m2 Use Class: Place of Worship (D use)

DETAILS OF THE PROPOSAL

The applicant is seeking Council's approval to construct a Sikh Temple and Educational and Cultural Centre ('Place of Worship') on Lot 597 Cheltenham Street, West Swan (‘the site’).

The Centre is to include:

• A 554m2 meditation room;

• A 430m2 dining hall/gymnasium;

• Two classrooms and a library/office;

• A community kitchen, cool room and toilet facilities;

• A 100m2 caretaker's residence;

• A 100m2 teacher's residence; and

• A 166 bay car parking area.

The primary purpose of the Temple is to host Sikh religious functions and ceremonies, with the main religious programme being held on Sunday mornings between 9:00am and midday, with an average congregation of between 350 and 400 people. This is then usually followed by a community lunch from midday to 2:00pm.

In addition to the normal weekly religious programme, some special religious events will also take place on approximately 8 to 10 days in a year, resulting in some


additional evening programmes held on weekdays. These will have an estimated attendance of 50 to 60 people.

The applicant has also indicated that the secondary objective of the Temple, in addition to the primary purpose of religious functions and ceremonies, is to facilitate the integration of Sikh, Indian and Australian cultures and traditions, with the Temple offering the following services to its community members:

• Sikh Australian art and craft development;

• Punjabi language, 'Kirtan' music and Sikh folk ('Giddah' and 'Bhangra') dance classes;

• Yoga and 'Gatka' (self defence) classes;

• Immigration advisory services;

• International student advisory services;

• Venue for Sikh marriage ceremonies;

• Community ages care services; and

• A museum on Sikh history. Based on previous history on the Sikh community's current facility in Bayswater, visitations for the above listed services are generally low (an approximate maximum of 10 people) with visitation periods generally being no more than an hour.

The applicant has provided written confirmation that while the caretaker's residence will be inhabited full time, the teacher's residence will only be occupied intermittently throughout the year for a maximum period of two weeks at a time, to house visiting Sikh teachers.

The overall aesthetic design of the proposed Centre is attuned to the Sikh culture, including rood dome embellishments. The Temple is to be an 'over height' single storey development, with an external wall height of approximately 4.5m and a maximum building height of 10 metres (as measured to the top of the central dome). The centre will have total internal floor space of some 1790m2.

Vehicle access to the temple is to be exclusively from Cheltenham Street, with no other vehicle entry/egress points proposed.

DESCRIPTION OF SITE

The subject lot is a corner property, comprising an area of 3.9 hectares, with dual frontage to Cheltenham Street to the west and Marshall Road to the south.

The subject site is generally surrounded by rural residential land holdings, ranging in size of between 2ha and 4 ha. The Swan Valley Poultry farm is located some 300 metres to the north, with the Cambodian Club approximately 100 metres to the south (on Coast Road).

The lot’s topography is gently level and with the exception of some trees situated along the property boundary, is cleared of all mature vegetation. No structures exist on the property.


SITE HISTORY/PREVIOUS APPROVALS

Nil

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil

APPLICANT'S SUBMISSION

• The centre (temple) will assist in the integration of Sikh migrant families to the broader Australian community, while still retaining the richness and diversity of their own cultural and religious heritage;

• With the growing number of Sikhs in Western Australia, there is a demand to develop the proposed educational and cultural centre;

• The aim of the Sikh community is to develop a site easily accessible to Sikhs living in the northern metropolitan region; and

• While the proposal conforms to the relevant rural development standards, it is also recognised that the lands is located on the outer urban fringe and has been identified as part of a wider future urban residential cell under the Swan Urban Growth Corridor Sub-regional Structure Plan.

PUBLIC CONSULTATION

The application underwent the following public consultation process:

• Letters to neighbours within the vicinity (500m radius);

• A sign on site; and

• A notice placed within the locally circulating newspaper.

At the conclusion of the advertising period, 13 submissions were received, 5 objecting to the proposal with the remaining 8 offering no objection.

A summary of the issues of objection is as follows:

• The traffic increase will be too great for an area that is 'semi-rural';

• Noise issues from activities and amplified music and/or PA systems;

• There is already two ethnic/religious groups in the area;

• Devaluation of property values;

• Anti-social behaviour and hate crimes;


• Large scale construction will affect the amenity and future zoning of the area;

• It is unfair that this development can get access to fresh water;

• There are trucks going up and down in Dulwich Street at 5am ever morning;

• There are 'towers' near residences that are killing them with radiation. With the exception of traffic impact, noise and affects to the 'future zoning' of the land, the other issues for objection cannot be considered in the assessment of the application as they do not address proper planning principles. These matters will be discussed within the 'report' section below.

The comments relating to 'access to fresh water' (scheme water) is a matter that the applicant need to provide as part of the development. Comments on truck movements in Dulwich Street and 'tower' radiation are related to two separate issues currently being assessed and are not related to this application.

No further comment will be offered to these matters.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Main Roads WA

On the basis of the site being located in close proximity to a Primary Regional Road Reserve (the future Perth-Darwin Highway), the application was referred to Main Roads WA.

Main Roads WA advised the City it had no objection to the proposal.

REPORT

Zoning and Permissibility of Use

The subject lot is currently zoned ‘General Rural’ under the City's Local Planning Scheme No.17.

As the applicant has provided confirmation that the proposed activities and services as well as the two residences, will only be available for members of the Sikh congregation, the proposed development and the associated activity best fits into a ‘Place of Worship’ use class which is defined by LPS17 as follows:

“Premises used for religious activities such as a church, chapel, mosque, synagogue or temple.”

The two residential dwellings are therefore incidental to the 'place of worship'.

A ‘Place of Worship’ land use is deemed a 'D' use within a 'General Rural' zone of the Scheme, meaning the use is not permitted unless Council has exercised its discretion by granting planning approval.


Draft Swan Sub Regional Structure Plan

The site is situated within the draft Swan Sub Regional Structure Plan, which was endorsed by Council and received final approval from the Western Australian Planning Commission in February 2009. This Regional Structure Plan has broadly indicated the site to be set aside for 'Residential' development.

While acknowledging that the land is currently zoned 'Urban Deferred' and 'General Rural' under the MRS and City Scheme respectively, the City is expecting an amendment to the Metropolitan Region Scheme, to rezone the land 'Urban', along with an associated rezoning of the City's Local Planning Scheme to clear the way forward for a local structure plan.

In support for the proposal the applicant has indicated that the Temple has been situated so as to entirely integrate with the existing and proposed road framework envisaged by the draft Regional Structure Plan and any subsequent local structure plan. Furthermore the proposal will not be impacted upon by a likely widening of Marshall Road.

The proposal will be complementary to the future residential land uses envisaged for the surrounding area. It is also considered that the proposed use will contribute positively to the character and amenity of the locality.

Development Standards

The City’s ‘Building and Development Standards – Rural Zones’ Policy (refer POL-TP-126) outlines what Council has adopted as being ‘acceptable’ development standards for land zoned ‘General Rural’ within the City of Swan.

The following table compares the requirements of the City’s Building and Development Standards – Rural Zones’ Policy for development in the 'General Rural' zone against what is proposed in the current application:

DEVELOPMENT STANDARD REQUIRED PROPOSED Maximum Site Coverage 10% 5% Minimum Front Setback (as fronting Cheltenham Street)

30 metres 107 metres

Minimum Side Setback (north) 20 metres 21 metres Minimum Rear Setback (east) 30 metres 30 metres

The Policy is silent on any building height standards.

As is demonstrated above, the application satisfies the established development standards contained within City Policy.

Vehicle Parking

The City's 'Vehicle Parking Policy' (POL-TP-129) stipulates that for a ‘Place of Worship’:

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

Given the building is to have a maximum capacity of 400 persons, the required provision of onsite car parking is 100 bays. Given that some 166 onsite car bays are provided, the application complies with the City’s vehicle parking standards.


Traffic Management

One of the concerns raised by a nearby resident was that the development may result in a significant traffic problem within the locality.

The City's Traffic Engineering staff, however, have no objection to the application in terms of traffic, advising that the proposed 8 metre wide crossover and the Cheltenham Street and Marshall Road intersection will cope with the expected vehicle movements.

Cheltenham Street, while having a sealed road width of 6 metres at the intersection with Marshall Road, was noted as having a sealed width of only 5 metres for the northwards length up to the proposed Centre's access point.

The City's Engineering Services have advised that to ensure that Cheltenham Street itself is capable of the expected increase of vehicle movement; it should be upgraded to a 6 metre sealed road width, up to and beyond the proposed crossover to the Temple.

Waste Water

As reticulated sewerage is not available within the area, the applicant commissioned an Environmental Consultant to undertake a Wastewater Management Strategy for the development, which recommended that the development be serviced by an Aerobic Treatment Unit ('ATU').

The City's Health Services has supported the application in terms of wastewater management, considering the development to be consistent with the State Government's Sewerage Policy, based on the submitted Strategy.

Drinking Water

The subject site is not directly serviced by scheme water mains, resulting in the applicant investigating water supply options. This resulted in an environmental consultant being commissioned to undertake a Drinking Water Management Strategy.

This Strategy has recommended that the development be serviced by a combination of rainwater harvesting (for non-drinking activities) and the procurement of drinking water from a Water Corporation supply source, delivered by a drinking water tanker (most likely on a fortnightly basis), as an interim solution to bring potable water to the Temple until such time as the property is connected to water mains.

The City's Health Services has supported this Strategy with regard to the development.

Poultry Farm

The development site is located approximately 300 metres south of an operational poultry farm.

The WAPC has prepared and adopted State Planning Policy 4.3 ('SPP4.3') to guide local governments in assessing development within the vicinity of poultry farms.

In accordance with SPP4.3, the applicant has submitted an Odour Assessment Report.


Through the monitoring of two odour receptors place on the property, the report undertook odour modelling for the site, concluding that the Temple and Cultural Centre is likely to experience only low to moderate nuisance odour as a result of the poultry farm. Furthermore the report also noted that given recent improvements in the poultry farm management practices and the intention to lower the stocking rate at the farm, these reported findings are considered to be a conservative 'over estimate' of odours experienced.

The City's Health Services has concurred with this odour report, agreeing that the Temple and Cultural and Educational Centre will only experience low level nuisance odour.

Noise

There are concerns that the approval of the Sikh Temple will have a detrimental impact on the amenity in terms of noise resulting from the activities occurring inside.

Any land use activity on the site, including the Temple's use, is required to comply with the provisions of the Environmental Protection (Noise) Regulations 1997, as stipulated by State legislation.

OPTIONS AND IMPLICATIONS

Option 1 Council may resolve to grant planning approval to the proposed Sikh Temple and Educational and Cultural Centre (‘Place of Worship’) subject to appropriate conditions. This is the preferred option.

Implications This option allows the members to establish a Sikh Educational and Cultural Centre on the subject lot as proposed.

Option 2 Council may resolve to refuse to grant approval of the proposed development on the basis that the proposal, if approved, may have a detrimental impact on the amenity and rural character of the locality. This is not the preferred option.

Implications If aggrieved with Council's decision, the applicant has the right of review to the State Administrative Tribunal within 28 days of Council decision.

CONCLUSION

The applicant seeks Council's approval to establish a Sikh Temple and Educational and Cultural Centre (‘Place of Worship’) on the subject lot.

The property is zoned ‘General Rural’ under the City's Local Planning Scheme No. 17, making the Centre a discretionary use of Council, not being permitted unless planning approval is granted.

For Council to exercise its discretion, it must be satisfied that the proposed Centre is appropriate for the area, both in terms of its long term suitability and its overall impact.


Ordinarily, given the rural zoning of the land, Council would be well advised to take a reasonably pragmatic approach, based unequivocally on current Scheme provisions with the intension of preserving the rural character of the area. This said however, in this instance it is considered both equitable and proper that Council should consider the application in a more contextual manner, projecting forward in light of the draft Swan Sub Regional Structure Plan. In endorsing this Regional Structure Plan, Council has in effect, acknowledged that the land in which this application sits is earmarked for future development and will not maintain its rural status.

In this context the proposal is considered an appropriate location.

The application has undergone a public consultation process which involved referral to all landowners within a 500m radius of the site and a sign erected on the property. 10 public submissions were received as a result, of which 2 were objections. The only relevant planning issue raised in the objections was relating to traffic. Advice from the City's Engineering Services is that, subject to Cheltenham Street being upgraded to a sealed width of six (6) metres, both Cheltenham Street and Marshall Road are suitable to service the expected vehicle movements.

With the exception of for building height, the application meets the development standard provisions set out by relevant City Policy. While Policy is silent on building height, the proposed development has a comparable built mass proportion to a significant double storey building and given the generous curtilage around the building any 'excess' in height will be barely discernable.

It is therefore recommended that Council approve the development of the Sikh Temple and Educational and Cultural Centre (‘Place of Worship’) on Lot 597 (No. 10) Cheltenham Street, West Swan, subject to conditions.

ATTACHMENTS

• Locality Plan

• Development plans

STRATEGIC IMPLICATIONS

Nil

STATUTORY ENVIRONMENT

Local Planning Scheme No.17

FINANCIAL IMPLICATIONS

Nil


RECOMMENDATION

That the Council resolve to:

1) Grant approval to the Sikh Temple and Educational and Cultural Centre with ancillary facilities (‘Place of Worship’) on Lot 597 (No.10) Cheltenham Street, West Swan, subject to the following conditions:

1. The development hereby permitted shall be in accordance with plans dated stamped received 27 August 2009.

2. This approval is for a ‘Place of Worship’ as defined by the City’s Local Planning Scheme No.17. The subject land may not be used for any other use without the prior approval of the City.

3. An approved effluent disposal system must be installed prior to the occupation of any building the subject of this approval.

4. A total of 166 parking bays shall be provided, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to measure 5.5 x 3.5m, bays near obstructions to measure 5.5 x 2.8m.

5. Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

6. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

7. The crossover must be built and maintained in accordance with City's specifications and to a width of 8 metres, to the satisfaction of the City of Swan.

8. The applicant must pay a road upgrading fee of $33,000 to be used to upgrade Cheltenham Street, West Swan. Payment is to be made prior the issue of a building licence.

9. All stormwater is to be collected and contained onsite. No stormwater is to be discharged from the property into other land or reserves or discharged into the nearby creek.

10. 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.

11. A landscaping plan must be submitted to the City for approval within 60 days from the date of the issue of the Planning Approval; and all landscaping must be completed in accordance with the approved detailed landscape plan, prior to the occupation of any building and all landscaping is to be maintained onsite thereafter to the satisfaction of the City of Swan.


12. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

13. 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. This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

b. With regard to Condition 2, the use ‘Place of Worship’ is defined within the City’s Local Planning Scheme No. 17 as

‘Place of Worship’ means premises used for religious activities such as a church, chapel, mosque, synagogue or temple.

c. With regard to Condition 3, In accordance with the Health Act 1911 and the Health (Treatment of Sewerage 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 Principal Environmental Health Officer, prior to the construction of such a system.

The Application for Approval to Construct or Install an Apparatus for the Treatment of Sewerage Form and the required fee is to accompany the Building License application.

e. With regard to Condition 5, all pavements on the site must be capable of accepting anticipated loadings (including accessways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.

f. With regard to Condition 9, stormwater is to be piped to interconnecting soakwells with an overflow to the City's system. Soakwells must achieve a minimum detention and be located at least 1.8m clear of buildings and property boundaries. All soakwells are to be installed in accordance with manufacturer's specifications.

g. h. Take notice that it is the responsibility of the applicant to advise the landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Licence until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).

h. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 a Building Licence application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.


i. The proposed development is required to comply in all respects with the Building Code of Australia and Health (Public Buildings) Regulations 1992. Plans and specification which reflect these requirements are required to be submitted with the building licence application.

j. The Developer must ensure that compliance with the access and facilities for disabled requirements of the Building Code of Australia and all other relevant Australian Standards in respect of access and facilities for the disabled are met.

k. To enable your Building Licence Application to be assessed promptly, please ensure a complete application is submitted to the City.

To assist in preparing a complete Building Licence Application refer to the City of Swan Website (cityofswan.com) and follow the links to Building Services Applicant Checklists.

If you require assistance, please contact Customer Services on 9267 9267.

l. The applicant shall use the site for the purpose approved until a Certificate of Classification is issued under Regulation 20 of the Building Regulations 1989.

m. The applicant shall submit one copy of the proposed plan to the Fire & Emergency Services Authority of Western Australia (FESA) for approval. A stamped copy of these plans is to be submitted by the applicant as part of the Building Licence application.

n. In accordance with the Health (Food Hygiene) Regulations 1993, detailed plans and internal elevations showing the design , construction, layout and finishes, fittings and equipment must be submitted with the required application form and fee, and approved by the City's Principal Environmental Health Officer, prior to any food being prepared or sold on the premises.

o. 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 practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.

No works shall commence prior to 7.00 am without the City’s approval.

p. Air handling system, water system or cooling towers shall be designed and installed in compliance with the Health (Air Handling and Water Systems) Regulations 1994 and the Australian Standard 3666 entitled “Air Handling and Water Systems of Buildings- Microbial Control” or equivalent standard in effect at the time.

The Building Licence application is to be accompanied by certification in writing by a practising mechanical engineer that the design and installation complies in all respects with the Health (Air-Handling and Water Systems) Regulations 1994 and the Australian Standard 3666.


q. The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.

r. Kerbs, roadways, footpaths, open drains, stormwater pits, service authority pits and nature strips must be adequately protected during the construction of the development.

s. The landowner, applicant or developer must notify the City if they wish to place, store, use, obstruct and/or barricade the road reserve to assist in the development of this property.

t. This approval does not constitute approval from other service authorities to construct the crossover as shown on the plan. It is recommended that the applicant ascertain the location and depth of any services that may interfere with crossover and associated building construction. Any adjustment to affected services is to be arranged by the applicant at their expense with the appropriate service authority approval, prior to works commencing on the site.

u. This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

2) Advise all those who lodged submissions of the Council's decision.

MOTION that the Recommendation be adopted.

(Cr Holmes - Cr Fardig)

RESOLVED UNANIMOUSLY TO:

1) Grant approval to the Sikh Temple and Educational and Cultural Centre with ancillary facilities (‘Place of Worship’) on Lot 597 (No.10) Cheltenham Street, West Swan, subject to the following conditions:

1. The development hereby permitted shall be in accordance with plans dated stamped received 27 August 2009.

2. This approval is for a ‘Place of Worship’ as defined by the City’s Local Planning Scheme No.17. The subject land may not be used for any other use without the prior approval of the City.

3. An approved effluent disposal system must be installed prior to the occupation of any building the subject of this approval.


4. A total of 166 parking bays shall be provided, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to measure 5.5 x 3.5m, bays near obstructions to measure 5.5 x 2.8m.

5. Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

6. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

7. The crossover must be built and maintained in accordance with City's specifications and to a width of 8 metres, to the satisfaction of the City of Swan.

8. The applicant must pay a road upgrading fee of $33,000 to be used to upgrade Cheltenham Street, West Swan. Payment is to be made prior the issue of a building licence.

9. All stormwater is to be collected and contained onsite. No stormwater is to be discharged from the property into other land or reserves or discharged into the nearby creek.

10. 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.

11. A landscaping plan must be submitted to the City for approval within 60 days from the date of the issue of the Planning Approval; and all landscaping must be completed in accordance with the approved detailed landscape plan, prior to the occupation of any building and all landscaping is to be maintained onsite thereafter to the satisfaction of the City of Swan.

12. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

13. 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. This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

b. With regard to Condition 2, the use ‘Place of Worship’ is defined within the City’s Local Planning Scheme No. 17 as


‘Place of Worship’ means premises used for religious activities such as a church, chapel, mosque, synagogue or temple.

c. With regard to Condition 3, In accordance with the Health Act 1911 and the Health (Treatment of Sewerage 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 Principal Environmental Health Officer, prior to the construction of such a system.

The Application for Approval to Construct or Install an Apparatus for the Treatment of Sewerage Form and the required fee is to accompany the Building License application.

e. With regard to Condition 5, all pavements on the site must be capable of accepting anticipated loadings (including accessways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.

f. With regard to Condition 9, stormwater is to be piped to interconnecting soakwells with an overflow to the City's system. Soakwells must achieve a minimum detention and be located at least 1.8m clear of buildings and property boundaries. All soakwells are to be installed in accordance with manufacturer's specifications.

g. h. Take notice that it is the responsibility of the applicant to advise the landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Licence until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).

h. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 a Building Licence application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

i. The proposed development is required to comply in all respects with the Building Code of Australia and Health (Public Buildings) Regulations 1992. Plans and specification which reflect these requirements are required to be submitted with the building licence application.

j. The Developer must ensure that compliance with the access and facilities for disabled requirements of the Building Code of Australia and all other relevant Australian Standards in respect of access and facilities for the disabled are met.

k. To enable your Building Licence Application to be assessed promptly, please ensure a complete application is submitted to the City.

To assist in preparing a complete Building Licence Application refer to the City of Swan Website (cityofswan.com) and follow the links to Building Services Applicant Checklists.

If you require assistance, please contact Customer Services on 9267 9267.


l. The applicant shall use the site for the purpose approved until a Certificate of Classification is issued under Regulation 20 of the Building Regulations 1989.

m. The applicant shall submit one copy of the proposed plan to the Fire & Emergency Services Authority of Western Australia (FESA) for approval. A stamped copy of these plans is to be submitted by the applicant as part of the Building Licence application.

n. In accordance with the Health (Food Hygiene) Regulations 1993, detailed plans and internal elevations showing the design , construction, layout and finishes, fittings and equipment must be submitted with the required application form and fee, and approved by the City's Principal Environmental Health Officer, prior to any food being prepared or sold on the premises.

o. 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 practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.

No works shall commence prior to 7.00 am without the City’s approval.

p. Air handling system, water system or cooling towers shall be designed and installed in compliance with the Health (Air Handling and Water Systems) Regulations 1994 and the Australian Standard 3666 entitled “Air Handling and Water Systems of Buildings- Microbial Control” or equivalent standard in effect at the time.

The Building Licence application is to be accompanied by certification in writing by a practising mechanical engineer that the design and installation complies in all respects with the Health (Air-Handling and Water Systems) Regulations 1994 and the Australian Standard 3666.

q. The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.

r. Kerbs, roadways, footpaths, open drains, stormwater pits, service authority pits and nature strips must be adequately protected during the construction of the development.

s. The landowner, applicant or developer must notify the City if they wish to place, store, use, obstruct and/or barricade the road reserve to assist in the development of this property.

t. This approval does not constitute approval from other service authorities to construct the crossover as shown on the plan. It is recommended that the


applicant ascertain the location and depth of any services that may interfere with crossover and associated building construction. Any adjustment to affected services is to be arranged by the applicant at their expense with the appropriate service authority approval, prior to works commencing on the site.

u. This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

2) Advise all those who lodged submissions of the Council's decision.

Cr Haynes returned to the Chamber at 6.45pm.

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