NOTIC CE OF ME EETING Notice is hereby y given th hat a Plan nning Authority Co ommittee e meeting of the Devonport City Council will w be held d in the Council C Ch hambers, 444-48 Best Street, Devonport, on Monday M 22 Septembe er 2014, commencing g at 11:00a am. The me eeting will be b open to o the publi c at 11.00a am. ALIFIED PERS SONS QUA In acco ordance with w Section n 65 of the e Local Go overnment Act 1993, I confirm that t the report in this age enda conta ains advice e, informattion and re ecommend dation give en by a person who has the qualiifications o or experience necessary to g give such advice, a informa ation or rec commendation.
Paul W West GENER RAL MANAG GER
17 Septtember 2014
Â
AGENDA FOR A MEETING OF THE PLANNING AUTHORITY COMMITTEE OF DEVONPORT CITY COUNCIL HELD ON MONDAY 22 SEPTEMBER 2014 AT THE COUNCIL CHAMBERS AT 11:00AM Item
Page No.
1.0
APOLOGIES ...................................................................................................1
2.0
DECLARATIONS OF INTEREST ..............................................................................1
3.0
DELEGATED APPROVALS ..............................................................................................2
4.0
DEVELOPMENT REPORTS ...................................................................................4
4.1
PA2014.0112 Business & Professional Services (Office Extension) - 167 Steele Street, Devonport (D341480)...................................................................................................... 4
5.0 CLOSURE ................................................................................................... 16
Agenda of a meeting of the Devonport City Council’s Planning Authority Committee to be held at the Council Chambers, Fenton Way, Devonport on Monday, 22 September 2014 commencing at 11.00am. PRESENT Present Chairman
Ald S L Martin (Mayor) Ald G B Kent Ald G F Goodwin Ald P G Hollister Ald W P Wilson Ald W M Squibb (Proxy)
IN ATTENDANCE
1.0 APOLOGIES
The following apology was received for the meeting.
2.0 DECLARATIONS OF INTEREST
Apology
PAGE 2 Report to Planning Authority Committee meeting 22 September 2014
3.0 DELEGATED APPROVALS 3.1 PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY 16 AUGUST 2014 - 12 SEPTEMBER 2014 PLANNING APPLICATIONS APPROVED UNDER DELEGATED AUTHORITY – 16.8.2014 – 12.9.2014 Application Location Description No. PA2014.0025 19 Elizabeth Two lot subdivision (within Heritage Conservation Area) Street PA2014.0072 22 Mangana Residential (Single Dwelling) assessment against performance criteria for Drive suitability of a site for use or development, dwelling density & Water and Waterways Code PA2014.0079 32 Forest Heights Residential (Dwelling and Shed) - assessment against performance criteria for Drive location and configuration of development and suitability of a site. PA2014.0094 21 Archer Street Permitted - Business and Professional Services (Medical Centre - Podiatrist), Discretionary - assessment against Traffic Generating Use and Parking Code (fewer parking spaces provided than minimum requirement) and Heritage Code (signage) PA2014.0095 35 Stewart Street Building Addition (General Retail and Hire) PA2014.0097 36 Turton Street Residential - within Heritage area PA2014.0098 2 McArthur Drive Permitted - Residential (multiple dwelling), Discretionary - setback and building envelope, 2 lot subdivision PA2014.0099 156 Melrose Road 8 Lot Subdivision PA2014.0100 52-54 Wright 3 lot subdivision and Residential (single dwelling) - assessment against Street performance criteria for setback and building envelope PA2014.0101 46 Skyline Drive Residential (single dwelling) Hazard Management Code, Bushfire Prone Areas Code & Change in Ground Level Code PA2014.0102 153 Tasman Residential (garage) - assessment against performance criteria for setback Street and building envelope PA2014.0103 5A Linden Heights Residential (single dwelling) - assessment against performance criteria for suitability of a site for use or development and dwelling density PA2014.0104 134 Don Heads Residential (garage) - assessment against performance criteria for setback, lot Road size and conservation area.
ITEM 3.0
Approval Date 10/09/2014 9/09/2014
15/08/2014 21/08/2014
29/08/2014 18/08/2014 1/09/2014 3/09/2014 1/09/2014 21/08/2014 25/08/2014 25/08/2014 25/08/2014
PAGE 3 Report to Planning Authority Committee meeting 22 September 2014
PA2014.0105
129 Wrenswood Drive
PA2014.0106
65 Watkinson Street 1/45 George Street 116 Percy Street
PA2014.0109 PA2014.0115
Residential (dwelling extension) - assessment against performance criteria for suitability of a site for use or development and location and configuration of development Residential (carport) - assessment against performance criteria for setback and building envelope Extension to Unit
29/08/2014
Dwelling Extension (Deck)
3/09/2014
RECOMMENDATION That the list of delegated approvals be received.
ITEM 1.0Â
4/09/2014 10/09/2014
PAGE 4 Report to Planning Authority Committee meeting 22 September 2014
4.0
DEVELOPMENT REPORTS
4.1
PA2014.0112 BUSINESS & PROFESSIONAL SERVICES (OFFICE EXTENSION) 167 STEELE STREET, DEVONPORT File: 29831 D341480
RELEVANCE TO COUNCIL’S PLANS & POLICIES Council’s Strategic Plan 2009-2030: Strategy 2.1.1 Strategy 2.1.2
Ensure the City's Planning Scheme supports local community character and appropriate land use. Provide high quality consistent and responsive development assessment and compliance processes.
PURPOSE The purpose of this report is to enable Council’s Planning Authority Committee to make a decision regarding planning application PA2014.0112.
BACKGROUND Planning Instrument: Applicant: Owner: Proposal: Existing Use: Zoning: Decision Due:
Devonport Interim Planning Scheme 2013 Lester Franks Mersey Community Care Association Inc. Business & Professional Services (Office Extension) Business & Professional Services (Mersey Community Care Association) General Residential 01/10/2014
SITE DESCRIPTION (SUBMITTED BY APPLICANT) The site subject to this application is described in Folio 2 of the Register 109932/2. The site obtains access via a private right of way over Folio Reference 140368/1. The registered owner of the land is Mersey Community Care Association Inc. (MCCA) The site is 1839m2 in area and relatively flat with a slope running north to south from road frontage to the rear of the site. The existing single storey brick building is set back from Steele Street by over 30 metres. A wide access driveway extends the full length of the western site boundary to a parking area at the rear of the site. The driveway is located on the adjacent former hospital site with access granted via a private right of way to the land under MCCA ownership. The remainder of the frontage contains a high hedge along the front boundary which significantly screens the facility, and landscaping (grass, shrubbery and some tall trees) in front of the building. The existing building's almost entirely blank brick facade runs adjacent to the eastern boundary which directly adjoins the cul-de-sac of Levy Court. The immediate context is mixed use, set within a residential area. Directly adjacent to the west is a three storey former hospital building that has approval for redevelopment into residential apartments, though this remains unimplemented. Beyond this Steele Street and Don Road become part of a significant commercial area. Directly opposite the subject site on Steele Street is a Seventh Day Adventist Church. To the east at 163 Steele Street is a Community Centre (Chapel and Refreshment Centre and Bridge Club). To the southwest of the site, at 5 Saint Anne Place is a fitness centre and gymnasium and a distribution
ITEM 4.1
PAGE 5 Report to Planning Authority Committee meeting 22 September 2014
centre for Meals on Wheels. Also south-west at 116 Tasman Street is a backpacker's hostel. Other surrounding buildings comprise low density residential housing.
APPLICATION DETAILS (SUBMITTED BY APPLICANT) This application is submitted by Lester Franks Survey and Geographic Pty Ltd on behalf of Mersey Community Care Association Inc. (MCCA), a 'Not for Profit' Public Benevolent Institution. This submission is in support of development application in relation to 167 Steele Street, Devonport. The proposed development is for additions and alterations to the existing 'Business and Professional Services' facility operated by the MCCA. The development comprises the following works: •
Ground Floor alterations comprising internal renovations and alterations, a new covered entry (in the existing entrance location) and a minor extension along the building frontage (facing north). The ground floor extension contains a new kitchen area and adjacent staff room.
•
A projecting first floor extension to a maximum of 7.86m in height above existing ground floor level. This extension contains four new offices, a new boardroom, a storage area, and lift/stair access.
•
The remainder of the existing facility will remain unaltered by the proposed development.
•
The improvements to the facility have been designed to complement the existing site layout. The first floor extension is oriented towards the entrance driveway, with north facing windows at ground and first floor providing maximum light and solar gain.
•
The overall design is modern, and will greatly improve the image of the building. With original ground floor red brickwork retained, the first floor extension incorporates a curved wall of wrapped roof sheeting which contrasts with a projecting boxed element with a sloped roofline. The battened facade of the curved wall was designed to symbolise the numerous volunteers involved in the operation and engaged in a single cause. Cladding and capping details are representative of the Mersey Community Care brand colours.
The subject site is currently occupied by the MCCA. The facility provides for the administration and coordination of care services for frail elderly people and underprivileged youth, alongside other social services including transportation services and minor home maintenance. The site has 12 fulltime staff and around 175 volunteer workers. The total number of staff on site varies from week to week. The staff numbers and site activity will not be noticeably altered by the proposed extension. The facility is funded through both government grants and private donations.
PLANNING ISSUES The land is zoned General residential under the Devonport Interim Planning Scheme 2013 (DIPS). However the Tasmanian Planning Commission recently granted a dispensation to set aside these residential provisions and allow the provisions of the Community purposes zone to be applied to the subject property. This application for dispensation was required because the General Residential zone prohibited the development proposal. The subject land is highlighted on the following aerial perspective view of the site.
ITEM 4.1
PAGE 6 Report to Plan nning Authority y Committee meeting m 22 Sep ptember 2014
Photo 1 - source: DC CC Archives January 2013
Â
The applic cant has submitted s a compre ehensive su ubmission with comm mentary against a the e relevant zzone and code c stand dards. The ese are reproduced in n their entiirety below w. Any matte er requiring g an additional respo onse will be e included d as approp priate. *(SUBMITTED BY APPLIC CANT)
*S8.2 - Ca ategorising Use or Dev velopmen t The Use C Classes set out unde er the Devo onport Inte erim Plann ning Schem me 2013 (tthe Interim m Scheme) Section 8.2 do not provide sspecifically y for public c welfare facilities. The mostt appropria ate Use Class C for the curren nt operatio on is con nsidered to o be 'Bussiness and d Profession nal servicess'. *S17.0 - C Community y Purpose Zone Z The prop posal is co onsistent with w the ZZone Purp pose State ements an nd the Lo ocal Area a Objective es. The MCCA A facility (a as existing and with tthe proposed extension) is in ac ccordance e with the purpose a and objecttives of the e zone as itt will: (a)
Prov vide conve eniently lo ocated an nd accessible facilitties and sservices off strategic c impo ortance fo or the hea alth and w wellbeing of municip pal, sub re egional, or o regionall com mmunities;
(b)
Prov vide primarry and com mplementa ary facilities and serviices for (iv)
aged, ch hildren, fam mily, youth, and special needs groups. g
ed future character statementss set out un nder 17.1.3 are: The desire Use or dev velopment for a com mmunity pu urpose (a)
may y involve a diverse range of building type, form m, and sc cale, includ ding as a com mplex of disstinctive an nd individu ual building gs, and asssociated ffacilities an nd vehicle e parkking;
(b)
is no ot required to be com mparable w with use or developm ment on ad djacent lan nd; and
(c)
may y impact on o the ame enity of usse on adja acent land d through ffactors suc ch as high h traffiic volume,, duration and frequ uency of activity, provision fo or expansiv ve vehicle e ITEM 4.1
PAGE 7 Report to Planning Authority Committee meeting 22 September 2014
parking, a large workforce or client base, extended or intermittent hours of operation, and a readily apparent visual or operational presence within an urban or rural setting. The proposed extension will be in accordance with the future character statement (a) however (b) and (c) are not actually character statements so cannot be addressed as such. DCC Assessor’s response: This may be the applicant’s interpretation however they are quite clearly categorised in this zone as a package of Desired Future Character Statements and need to be considered *17.2 Use Table Section 17.2 outlines allowable uses within the zone. 'Business and Professional Services' is a permitted use in the zone only if for a medical centre, office for civic/ public purposes or a funeral parlour. However, it is a discretionary use if complementary to a community use on land in the zone. The proposed additions and alterations are to an existing building containing a community use. The proposed development is therefore discretionary. *17.3 Use Standards 17.3.1 sets out the use standards for discretionary permit use. The Objective is: Complementary use is to support a purpose of the Community Purpose zone and service the municipal and regional community. No acceptable solution is provided so the performance criteria to be relied upon are: Discretionary permit use must (a)
be consistent with local area objectives;
(b)
be consistent with any applicable desired future character statement for the zone; and
(c)
be required to (i)
meet likely needs of the municipal, sub-regional, or regional community; and
(ii)
not have a potential to distort or displace existing and likely use on the site or on adjacent land.
The requirements of (a) and (b) have been addressed above under 17.1 Zone Purpose. The proposed development is required to meet the needs of the community facility which is a registered charity, and will not have any impact on adjoining land. Therefore the proposed extension is in accordance with the use standards. *17.4 Development Standards 17.4.1 and 17.4.5 pertain to subdivision and are not relevant. 17.4.3 relates to residential use and is not relevant. (Response: This is not an entirely correct statement. Standard 17.4.1 relates to either a site or a lot and ensures a suitable area on the land is available with the required access and utilities. Likewise 17.4.3 provides the standard to control the separation of permissible uses in the Community purposes zone in this instance to the adjacent residential zone) 17.4.2 sets out the requirements for the location and configuration of development. The proposed extension meets all of the setback requirements of Acceptable Solution Al. The building height of the first floor extension is a maximum of 7.86m above existing floor level
ITEM 4.1
PAGE 8 Report to Planning Authority Committee meeting 22 September 2014
therefore meeting Acceptable Solution A2. The existing car park, which will be unaltered by the proposed extension, is nevertheless in accordance with Acceptable Solution A3. 17.4.4 identifies the setback requirements to sensitive use development both on the site and on an adjoining site in another zone. Acceptable Solution A1 requires that development of land with a boundary to a zone must be setback from the boundary by not less than the prescribed distance for that zone - in this case the General Residential Zone which is 4.0m. The setback between the eastern edge of the proposed extension and the zone boundary is approximately 2.85m however at this point the site only adjoins Levy Court cul-de-sac and not a residential dwelling. Therefore, the Performance Criteria P1 can be relied upon since the proposal will: (a)
minimise likelihood for conflict, constraint or interference from sensitive use on land in an adjoining zone; and
(b)
minimise likely impact on the amenity of the sensitive use on land in an adjoining zone
Accordingly, the proposal meets the Development Standards for the zone. *E9 Traffic Generating Use and Parking Code This Code is applicable to the proposal as the total floor area of the facility is to increase. The MCCA has prepared a diagram (not to scale) of the existing car parking available on the site, both inside the existing garage and in the car park to the rear. This plan is attached at Appendix D. (Note: A copy is inserted later in response to the representation) The total number of car parking spaces currently available is 28. An additional 2 car parking spaces are available within the garage if required. *E9.5.1 Provision for parking This Clause sets the number of car parking spaces required for the applicable use class. The Table to this Clause lists car parking requirements for certain categories of the Business and Professional Services use class. Those categories are: •
Funeral parlour
•
Bank, office, real estate agency, travel agency
•
Medical or veterinary consulting rooms
The most relevant description of the facility would be an 'office', therefore one car parking space is required per 40m2 gross floor area. The resulting floor area of the building, should the proposal be approved, will be 582.82m2. Therefore 15 car parking spaces will be required. As noted above, 28 car parking spaces are currently available, which is in excess of the required number. However, a number of the car parking spaces existing are located as jockey parking, which can be easily managed by the staff on site. The total number of spaces accessible without jockey parking is 17 spaces, which is still in excess of the requirement set by this Clause. Sufficient room is therefore available for motor bike parking, parking for people with disabilities and bicycle parking (one space each) required by sub-clauses (b), (c) and (d). DCC Assessor’s response: Some minor clarification is required because the number of existing car spaces as illustrated by the applicant is 17 and not 28 with an additional ‘2’ in the garage if required. Satisfying the numerical component of the Code is only part of the Acceptable Solutions for on-site vehicle parking. The actual number of spaces required to comply with the Code is based on a ratio of spaces per gross floor area. The applicant’s calculation of 15 spaces can be confirmed ITEM 4.1
PAGE 9 Report to Plan nning Authority y Committee meeting m 22 Sep ptember 2014
however this is only part of an n overall co ode packa age that also a includ es design of parking g areas and d loading/u unloading areas. There are e some pa articular loc cational isssues which h have be een raised in a repre esentation n and these e will be un npacked la ater for disc cussion. The follow wing aerial photogra aph is indic cative of the currentt parking a arrangeme ent on the e subject sitte. The ide entified spa aces have been supe erimposed.
Photto 2 - source e: DCC De kho Januarry 2013
*E9.5.2 Pro ovision for loading an nd unloadiing of vehic cles The Table to this Cla ause does not n require e any spac ces for load ding/unloa ading of ve ehicles for the use off office. *E9.6.1 Ro oad accesss The existin ng car park k is accessed via a rig ght-of-way y, which ha as frontage e to Steele e Street. *E9.6.2 De esign of veh hicle parkiing and loa ading area as This clause e requires the design n of car pa arking area as to be in accordan nce with the relevantt standardss. No cha anges are e proposed d to the existing e ca ar parking arrangem ment. The e proposed developm ment has been b desig gned to improve the operation n and ame enity of the e existing fa acility. The e proposed d additiona al floor spa ace is not in ntended to o intensify the use off the facility y. The exissting car parking p arra angementt is thereforre conside ered sufficie ent for the e proposed changes.
COMMUNITTY ENGAGEM MENT On 20/08 8/2014, Co ouncil rece eived an a application for the above de evelopmen nt. Underr Section 57(3) of the e Land Use e Planning g and App provals Act 1993, the e Planning g Authority y must give e notice of an application for a permit. As A prescribed at Secttion 8(1) of the Land d Use Plann ning and Approva als Regula ations 2004 4, the Pla anning Au uthority fu ulfilled thiss notificatio on requirem ment by: (a)
Adve ertising the e applicatio on in The A Advocate newspape er on 23 Au ugust 2014;; ITEM 4.1
PAGE 10 Report to Plan nning Authority y Committee meeting m 22 Sep ptember 2014
(b)
Makiing a copy y of the pro oposal ava ailable in Council C Offfices from 225 August 2014;
(c)
Notiffying adjoin ning prope erty owners rs by mail on o 21 Augu ust 2014; an nd
(d)
Erectting a Site Notice for display on n 22 Augusst 2014.
REPRESENTA ATIONS One reprresentation n was rece eived with hin the pre escribed 14 1 day pu ublic scrutiny period d required b by the Land Use Planning and A Approvals Act 1993. DISCUSSION N
This representation was w submitted by Zo oose Pty Ltd. This co ompany o owns numb ber 8 Saintt Anne Plac ce. This sitte contain ns the old h hospital workshop bu uilding tha at now is being b used d by a gym mnasium an nd Meals on o Wheels.. This land d has acce ess onto Sa aint Anne Place P and d also has a benefitt over the e same a right of way w that burdens tthe title of o Portside e ment Pty Ltd (old Matternity Hos pital). Developm The Merse ey Commu unity Care Association A nefit over th his right of way. An n title also has a ben excerpt frrom the title plan is re eproduced d below ass Figure 1.
Figure 1 - Title exc cerpt: source e thelist.tas.gov.au
This right o of way in effect e is the sealed a access strip p that runss between the two siites. This iss outlined in n red below w.
ITEM 4.1
PAGE 11 Report to Plan nning Authority y Committee meeting m 22 Sep ptember 2014
Photo o 3 - source e: DCC Dek kho January y 2013
The repre esentation is focusse ed on veh hicle park king and access a ob bstructions and also o commentts on the parking arra angementss that occur off site on o the Porttside land. Seven points are ma ade and these t are rreproduce ed below in n reference e to the car parking g plan. “1.
Parkking bays 1 through 4 are direc ctly outside e garage and a worksh hop, this arrea is used d for a assembly of o various goods eg g. Wheelba arrows. With W movem ment of goods g and d vehicles this would w prese ent both en ntry and exit e hazards for staff a and vehiclles directly y into the accesss lane the vision in b both directtions is poo or. How wo ould a veh hicle in the e car w wash park no 5 get in n or out if v vehicles in 4 or 6.
2.
Parkk no 5 is the e car wash.
3.
Parkk no 6 is at the end off the drive through car wash 4. Park no 7 is a RAMP P in front off a rolller door. Are A the roller doors a n entrance e to a gara age?
4.
Are tthe 2 rollerrs doors go oing to be b blocked and ramp re emoved?
5.
Wha at provision n has bee en made ffor the 18 plus vehic cles that p park daily in the old d hosp pital when that site is develope d?
6.
With h extra park king areas what prov vision will be b made to o keep the e right of way w accesss lane e clear with h-the increased numb ber of vehicles reverssing and e exiting site? ?
7.
Wha at steps will be taken n to stop M MCC staff and a vehicles using p private property as a thoro oughfare and a doing u turns to go back up u lane to their t prope erty?
In summa ary when th he parking g is made u unavailablle at the old o hospita l we would d return to o the lane w way being continually blocked d by vehicle es parking on the sid de or in the e middle off the lane. Utes with trailers t and d cars atte empting to reverse through gatte preventing right off way for b businesses at the en nd of the lane, MCC having to park th heir cars on o private e nts cars blo property. Even with h current arrangemen ock the en ntrance to access lan ne around d 8.30am w when Steele e St is at its busiest until gate to hospita al is opene ed causing g traffic to o ITEM 4.1
PAGE 12 Report to Plan nning Authority y Committee meeting m 22 Sep ptember 2014
backup in n Steele St.. As well as a preventiing the exit of vehicle es from oth her properrties at the e end of the e lane who o want to enter e Steel e St. Vision at p present is limited by trees along g side of lane for vehiicles leavin ng property”. DCC Asse essor’s resp ponse: The e reference e made to the numb bered parkiing bays is based on n the follow wing drawing (Figure 1) submittted with the applica ation to de emonstrate that the e site can sustain the required number n re quired by E9 – Traffic c Generatting Use an nd Parking g Code.
Figure 2 – Existing ca ar parking
The site w was assesse ed to confirm the p parking arra angementt on site a and in gen neral termss Figure 2 a above is re easonably accurate.. The spac ces depictted as 1 – 4 & 8 – 17 inclusive e were obse erved to be b currentlly in use. Space 5 iss a vehicle e wash bayy that isn’t a readily y available space tho ough the ability to pa ark a car th here overnight is reassonable. Spaces S 6& 7 are situ uated insid de behind two rollerr doors. Itt is understood that the vehic cle spacess allocated d are entire ely for the e parking o of associa ated work vehicles re equired to o transportt allied com mmunity he ealth worke ers in the e execution of o their dutties. There is a also an ab bility to inc clude at le east three spaces within w the building behind b the e numbered d spaces shown s as 1, 2, 3 & 4. These spa aces are described d a as jockey or o tandem m spaces and are a recognise ed method d of parkiing where the activvity on the e site can n logistically y and prac ctically allo ow it. Regardlesss of the ta andem con nfiguration n and disco ounting the e car wash h area the e available e spaces remaining to otals 16. Th his is in exc ess of the 15 required d by the C Code. at indicate e the parki ng arrange ement follo ow. Photos of the site tha
ITEM 4.1
PAGE 13 Report to Plan nning Authority y Committee meeting m 22 Sep ptember 2014
Photo 4 - View loo oking east in nto existing garage – 15 Septembe er 2014
Photto 5 – view looking l nortth toward garage g spac ces – 15 Sep ptember 2014
The other matter of o relevan nce raised d in the representation is the e observed parking g arrangem pment site ment on th he Portside Develop e for emp ployee’s c cars while they are e undertaking their wo ork with MCCA. Log gistically the MCCA site is not la arge enoug gh to park k ITEM 4.1
PAGE 14 Report to Plan nning Authority y Committee meeting m 22 Sep ptember 2014
both the employee e’s persona al transporrt as well as the community h health veh hicles. It iss further un nderstood that an arrangeme a ent between the ad djoining lan nd ownerss (Portside e he followin Developm ment) and MCCA is in n place. Th ng photo te ends to ind dicate this possibility.
Photto 6 – view looking l tow ward 169 Ste eele Street – 15 Septem mber 2014
Apart from m ensuring the right of o way is u nobstructe ed the rem maining ma atter submitted in the e ation is the representa e allegation that MC CA vehicle es are acc cessing the e adjoining land overr which the ey have no o right. Although A th his is a civil issue an appropria ate conditiion will be e placed on n the perm mit.
FINANCIAL IMPLICATIO ONS No implic cations are e predicted d unless a planning appeal is made an nd subsequent legall advice ha as to be ac ccounted for. f
RISK IMPLIC CATIONS It is believ ved that there are no o risks to Co ouncil as a result of th his report.
CONCLUSIO ON The matte ers for the e Planning g Authorityy to consid der in dettermining this applic cation are e twofold. Firstly, whe ether the application a n satisfies th he Use Standards an nd secondly whetherr the code requireme ents for parrking are d deemed to o be satisfie ed. In regard to the disc cretionary use the ap pplicant has submitted in referrence to clause c 17.3 3 of the DIPS that th he Perform mance crit eria are satisfied. The T basis of the disspensation n applicatio on earlier this t year (F File 29337) was to provide this mechanissm as prev viously the e zone proh hibited the developm ment. The other matter to consider iss whether tthe onsite parking satisfies Cod de E9 of the e DIPS. It iss submitted d that the e site is extraordina e ary in that the activities und dertaken by b MCCA A ITEM 4.1
PAGE 15 Report to Planning Authority Committee meeting 22 September 2014
combined with staff numbers and vehicle management doesn’t make the site entirely conducive to a good parking outcome. Off-site arrangements have apparently been negotiated between adjoining land owners and although not particularly a planning requirement it is deemed better than parking on the street. From a simple planning scheme perspective the accepted parking for this particular use is based upon a ratio of 1 space per 40m2 of gross floor area. The calculation undertaken by the applicant and confirmed during the planning assessment is that 15 spaces need to be provided on the site. This takes into account the existing floor space and the proposed addition.
ATTACHMENTS Nil
RECOMMENDATION
That Council, pursuant to the provisions of the Devonport Interim Planning Scheme 2013 and Section 57 of the Land Use Planning and Approvals Act 1993, approve application PA2014.0112 and grant a Permit to use and develop land identified as 167 Steele Street, Devonport for the following purposes:
Business & Professional Services (Office Extension)
Subject to the following conditions: 1.
The use and development is to proceed generally in accordance with the submitted plans and documentation referenced as:
Alterations and additions for Mersey Community Care dated 23 December 2013, project 130524 by Starbox Architecture
Additions and alterations prepared for Mersey Community Care Association by Lester Franks revision date 12/08/2014;
copies of which are attached and endorsed as documents forming part of this Planning Permit. 2.
The right of way benefitting the site which is the subject of this application is to be used only for setting down and picking up of clients associated with the operation of the activity. Parking of vehicles in this right of way is not allowed at any time.
3.
The developer is to ensure that during construction all possible measures are taken to prevent unreasonable and unnecessary off site environmental nuisances occurring.
Author: Position:
Shane Warren Planning and Environmental Health Coordinator
Endorsed By: Position:
ITEM 4.1
Matthew Atkins Deputy General Manager Infrastructure Works and Development
PAGE 16
5.0 CLOSURE There being no further business the Chairman declared the meeting closed at
ITEM 5.0
pm.