3.1 PROPOSED CHALETS & DAY SPA RETREAT - LOT 105 (79) … · 2016-05-13 · Spa therapist will...

Ordinary Meeting of Council 13 December 2006

3.1 PROPOSED CHALETS & DAY SPA RETREAT - LOT 105 (79) IRWIN STREET, HENLEY BROOK

(Swan Valley) (Development Services)

KEY ISSUES

• The application proposes to construct two chalets and a day spa/massage building; and two earth bunds. It proposes to operate a short-term day spa accommodation retreat for adults from the chalets. Each chalet would accommodate a maximum of two people. Additionally, it seeks retrospective approval for an existing tennis court.

• The proposal was referred to neighbouring landowners within 200m, resulting in the receipt of nine submissions, of which four were objections, and five were non-objections.

• Issues relating to zoning; traffic; parking; the proposed earth bund; fire breaks; and building envelopes were the main grounds for objection.

It is recommended that the application for the proposed construction of two chalets; a day spa/massage building and the operation of short-term day spa accommodation retreat; an earth bund; and an existing tennis court at Lot 105 (No. 79) Irwin Street, Henley Brook be granted approval subject to conditions.

AUTHORITY/DISCRETION

Council may approve (with or without conditions) or refuse to approve the application. If the applicant is aggrieved with the decision of the Council a right of appeal may exist in accordance with Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: June Eleanor Brown and Wayne John Brown Owner: June Eleanor Brown and Wayne John Brown Zoning: TPS - Swan Valley Rural MRS - Rural Strategy/Policy: Nil Development Scheme: Nil Existing Land Use: Dwelling; several outbuildings; & tennis court Lot Size: 50,352m2 Area: - Use Class: Chalet


DETAILS OF THE PROPOSAL

The application proposes the construction of two chalets, a day spa/massage building and the operation of a short-term day spa accommodation retreat; an earth mound; and an existing tennis court which are described in depth below.

Chalets (x2) Day Spa Building Dimensions 5m x 10m = 50m2 4.2m x 6.2 = 26.04m2 Front Setback 12m 20m Side Setbacks 88m/323m 97m/328m Rear Setback 102m 108m Wall height 3.5m 3.5m Pitch height 2.4m 2.4m Materials/colour Cedar walls & heritage red roof Cedar walls & heritage red

roof Internal configuration

The chalets comprise a bedroom, bathroom, kitchen, dining room, lounge room and veranda.

Two (2) massage tables, a spa and two (2) benches.

Finished Floor Level 350mm 350mm

The proposed chalets and day spa building will facilitate the following business operation:

• Short term adult only accommodation with day spa facilities included;

• Two customers per chalet with a maximum of four persons at anytime;

• One staff therapist and one cleaner residing in existing residence;

• Maximum of three vehicles at any one time;

• Hours of operation: 24 hour accommodation. Book-in: 2pm. Check-out: 10am. Spa therapist will operate: 9am to 7:30pm.

• Chalets are to be set up as spa retreat. Customers will be on site for most of the duration of their stay. They will be away from the retreat for meals and tour of the Swan Valley and surrounding attractions.

Earth Bunds

The proposed earth bunds are to be located adjacent to the north and south property boundaries. The bund in the north is proposed to be six metres wide and two metres high; and the bund in the south is proposed to be seven metres wide and two metres high.

Retrospective Tennis Court

Whilst assessing the development application for the chalets and day spa/massage building, it was discovered that a tennis court had been built on the subject property without development approval. Therefore, it is considered necessary to include the existing tennis court with this application.


DESCRIPTION OF SITE

The subject property is located at the southern end of the Irwin Street, approximately 1km west from the Swan River. The topography gradually descends eastward towards the centre of the property and then plateaus.

The property comprises a single dwelling, several outbuildings, a swimming pool and a tennis court.

SITE HISTORY/PREVIOUS APPROVALS

The property has the following planning application history:

14/07/1994 – Approved a Residence (DA-8619/1994)

The property has the following building licence application history:

20/07/1994 - Dwelling (BL-1367/1994) 12/08/1994 - Garage (BL-2025/1994) 13/12/1996 - Swimming Pool (BL-2562/1996) 03/07/2003 - Approved a Garage (BL-1544/2003)

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil

APPLICANT'S SUBMISSION

The applicant’s submission has been summarised in the ‘Details of the Proposal’ section of this report. In addition to this, the applicant has provided the following information in support f the application:

• “…a spa retreat is for rest and rejuvenation and to visit the facilities of the valley”

• “There will only be one king size bed in each chalet, provision for a couple only. There will not be large hordes of people as they will not be accommodated for”

• “We live on the property and enjoy the serenity of the environment and respect the lifestyle it creates. We certainly do not want our lives impacted on by the retreat, as it is very important for us to maintain our current lifestyle as with the rest of the residents in the area”

• “It is very important to maintain the current climate and be conscious of traffic within the area. In this instance it is highly unlikely that there would be a large increase in traffic or noise, in fact quite the contrary”

• “We feel that the residents may be slightly unaware of the small and secluded nature of the retreat that we are proposing”


• “…we do not wish to have the area adversely affected because the value of the property and the surrounding properties is paramount to all of us. It is pointless operating a business that may be detrimental to our property let alone the surrounding area”

PUBLIC CONSULTATION

The public consultation process for the proposed ‘two chalets; day spa/massage building and earth bund' at Lot 105 (No.79) Irwin Street, Henley Brook entailed letters being posted to land owners within 200m of the subject properties, notifying them of the proposal.

Nine submissions were received, of which four were objections, and five were non-objections.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the Swan Valley Planning Committee, who resolved that the application does not prejudice the objectives of Area B of the Swan Valley Planning Act.

REPORT

Town Planning Scheme No.9

The following identifies the City’s TPS 9 definition of a chalet use class and a health centre use class.

“Chalet means an attached, semi-detached or detached residential type building that is used or provided for holiday purposes and is available to the public at large or to a part of the public defined by a common class, trade, employment, religion or association”

“Health Centre means any building used as a maternal or x-ray centre, a district clinic, a masseur’s establishment, or a medical clinic”

TPS 9 recognises a chalet as an ‘AA’ (permitted) use and a Health Centre as an ‘X’ (not permitted) use within the Swan Valley Rural zone.

The proposal entails two (2) short-term chalets and day spa/massage building. The applicant has advised that the day spa/massage building is minor to the predominant chalet use and will only to be used by customers staying in the chalets (a maximum of 4 people). Therefore it is considered appropriate to classify the proposed activity as a chalet use class, and not apply a health centre use class to the day spa/massage building.

Public Consultation The following key issues were derived from the public submissions received.


Zoning

The subject property is zoned Swan Valley Rural. TPS 9 identifies the purpose and intent of the zone is “to promote the area primarily as a horticultural, recreational, tourism and landscape resource”. Several public submissions raised concerns relating to the proposed activities appropriateness within the Swan Valley Rural zone. The proposed two (2) chalets and day spa/massage building are considered to be a tourism activity which is considered consistent with the intent of the zone. In addition the proposed activity is compliant with Clause 8.2.2.2 d) (i) and (ii) which states the following:

d. The Council may approve the establishment of tourist orientated recreational and cottage industry uses where, in the opinion of the Council, such uses have the potential to enhance the purpose and intent of the zone provided that such development is:

i. compatible with the following; and

The Council shall not approve of any development where, in its opinion, such development would: • conflict with the planning objectives for Area B as specified in the Swan Valley

Planning Act; INSERTED BY AMEND 246 - GG 18/06/04 • jeopardise the high quality horticultural soils; • jeopardise scarce plastic clays; • detract from the rural character and amenity of the area, or • cause a nuisance by the production of noise, dust, smell or other pollutants;

ii. designed, sited and landscaped to complement and enhance the rural character of the locality;

Traffic & Parking

The proposed two (2) chalets and day spa/massage building are to accommodate a maximum of four (4) people (i.e. a maximum of two [2] people in each chalet). Therefore a maximum of four (4) customer vehicles may enter/exit the site whilst the chalets are at full capacity. However this is considered unlikely as the proposed business encourages couples to stay, who are more likely to travel to the property together in one (1) vehicle. Therefore, it is more likely that two (2) customer vehicles will enter/exit the subject property whilst the chalets are at full capacity. It is estimated that one (1) customer vehicle may make approximately three (3) to five (5) trips per day, which is considered reasonably comparable to those generated from a normal household. Thus the traffic generated from the proposed business is considered minor and is not likely to have a detrimental impact on the surrounding area.

The proposal entails four (4) parking bays which are considered sufficient to accommodate the maximum number of customer vehicles whilst the chalets are at full capacity.

Earth Bund & Fire Break

The proposal entails a 6m wide 2m high earth bund adjacent to the north property boundary and a 7m wide, 2m high earth bund adjacent to the south property boundaries. Both earth bunds are to be vegetated and are located so as to provide


noise and visual privacy to both the neighbouring properties and customers which visit the chalets.

A public submission raised concerns that the earth bund is too close to the property boundaries and does not allow sufficient area for a 3m wide fire break. This has been confirmed with the City’s Coordinator of Fire & Volunteer Services, who advised that the landowners within the subject area are to maintain a 3m wide fire break around the perimeter of their property. Thus, the proposed earth bund is inappropriately located, and shall be relocated further within the property so as to allow sufficient area for the properties required fire break to be maintained. This can be achieved by conditioning the development approval and annotating the approved plans accordingly.

In addition to the above, the proposed height of the earth bund is considered extreme. A 1m high earth bund with dense vegetation on it is considered an adequate privacy screen.

Building Envelope

The proposed development is not within the approved building envelope for the subject property. However, splitting the existing building envelope to accommodate the proposed chalets has been considered and is quite feasible. The main reason for this is that the existing building envelope is relatively small in size (1950m2) in comparison to the total area (50,352m2) of the subject property. Therefore, splitting the existing building envelope is compliant with the City’s Building Envelope Policy with the exception of setback requirements. The affected landowner to north provided a non-objection to the proposed chalet, therefore it is considered reasonable to assume that they would not oppose a building envelope modification to facilitate the proposed development.

It is recommended that if Council resolves to approve the proposed development, a condition requiring the applicant to modify the existing building envelope as illustrated on the site plan and grant delegated authority to the City’s Principal Planner to approve the building envelope relocation.

Land Use Conflict

A public submission raised the concern of potential land use conflict between the operation of a short-term day spa accommodation retreat and existing horticultural activities on surrounding properties. Emissions of horticultural activities include spray drift, dust, noise and odours which could potentially cause a nuisance to those residing at the short-term day spa accommodation retreat.

The submission suggested a memorial being placed on the certificate of title of the subject property to ensure that the owners and customers of the proposed short-term day spa accommodation retreat are aware of the existing land uses and associated emissions which occur within the Swan Valley area, and particularly the Swan Valley Rural Zone.

Placing memorial on the Certificate of Title is considered unnecessary, as the City’s TPS 9 Swan Valley Rural Zone development provisions and the Swan Valley Planning Act 1995 are considered to provide sufficient support to horticultural activities where land use conflicts occur within the Swan Valley Rural Zone.

Tennis Court


The tennis court appears to have been on the subject property for sometime. It occupies approximately 700m2 and is positioned to the north east of the existing dwelling on the subject property. The tennis court is located outside of the approved building envelope, however as it already constructed it is considered unnecessary to include it within the new building envelope.

OPTIONS AND IMPLICATIONS

Option 1: The Council may resolve to refuse to approve the proposed two (2) chalets and day spa/massage building and the operation of a storm-term day spa accommodation retreat; two (2) earth bunds; and existing tennis court on the basis that they will have a detrimental impact on the areas amenity and environmental qualities.

Implications: The proposed two (2) chalets and day spa/massage building will not be constructed and the short-term day spa accommodation retreat will not be operated from the subject property. The applicant will also be required to remove the exiting tennis court and remediate the land to its original state. In this instance the applicant has the right of review to the State Administrative Tribunal.

Options 3: The Council may resolve to grant approval for the proposed two (2) chalets and day spa/massage building and the operation of a storm-term day spa accommodation retreat; the two (2) earth bunds; and the tennis court subject to conditions and minor modifications to the site plan. This is the recommended option.

Implications: The proposed two (2) chalets and day spa/massage building will be constructed and operated from the subject property in accordance with the conditions of the development approval. Additionally the tennis court will become legal development.

CONCLUSION

The application proposes the construction of two (2) chalets and a day spa/massage building; and the operation of short-term day spa accommodation retreat. The proposal is generally compliant with the City’s TPS 9 Rural Development provisions; however the public consultation process has raised several issues, all of which have been discussed in the body of this report. Issues relating to zoning; traffic; parking; the proposed earth bund; fire breaks; and building envelopes are discussed in detail within the report. The proposal is considered to comprise structures which are in-keeping with the rural character of the area, and the proposed business is considered to be very discrete and therefore unlikely to impact on surrounding properties. It is recommended that the application be granted development approval subject to conditions.

Several important conditions include a caveat on the certificate of title restricting the use of the chalets to only short-term accommodation; restricting the use of the day spa/massage facility to only those people residing within the one (1) of the two (2) chalets; the existing building envelope be modified/split to include the proposed


chalets; and the number of customers being restricted to a maximum of two (2) persons per chalet.

ATTACHMENTS

• Locality Plan

• Site Plan

• Elevation Plan

STRATEGIC IMPLICATIONS

Nil

STATUTORY ENVIRONMENT

Town Planning Scheme No. 9

FINANCIAL IMPLICATIONS

Nil

RECOMMENDATION

That the Council resolve to:

1) Grant approval for the proposed two (2) chalets; a day spa/massage building and the operation of short-term day spa accommodation retreat and an earth bund at Lot 105 (No. 79) Irwin Street, Henley Brook subject to the following conditions:

a) A maximum of two (2) people shall occupy each of the chalets at one (1) time.

b) Prior to the issuance of a building licence for the proposed development on Lot 105 (No. 79) Irwin Street, Henley Brook (“the Land”) the owner of the land shall enter into a Notification pursuant to section 70A of the Transfer of Land Act 1893 with the City of Swan (“the City”) to be registered against the certificate of title to the Land to notify owners and prospective purchasers of the Land that the use of the chalet development the subject of this application (“the Development”) shall be restricted to short term holiday accommodation only which means that no person shall occupy the Development for a period in excess of twelve (12) weeks in any twelve (12) month period. The Notification shall be prepared by the City’s solicitors to


the satisfaction of the City and the owner shall be responsible to pay all costs associated with the City's solicitor's costs of and incidental to the preparation and registration of the Notification.

c) The day spa/massage building shall only be used by those people who are residing in the chalets.

d) Vegetation shall be planted on the one (1) metre high earth bunds located three (3) metres from the north and south property boundaries of the property (as indicated on the approved site plan) so as to act as a privacy screen, to the satisfaction of the City's Principal Planner.

e) All annotations written in red on the approved site plan shall be interpreted and treated as a condition of planning approval.

f) The applicant shall maintain a three (3) metre wide fire break adjacent to all property boundaries.

g) The applicant shall obtain approval for a building envelope modification so that the proposed two (2) chalets and day spa/massage building are contained within the approved building envelope, prior to the issue of a building licence.

h) Provision must be made for access and facilities for use by people with disabilities in accordance with provisions of the Building Code of Australia and AS 1428.1.

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

j) All pavements on the site must be capable of accepting anticipated loadings (including access ways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.

k) 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.

l) All stormwater is to be collected and contained onsite. No stormwater is to be discharged from the property into other land or reserves. Stormwater drainage plans are to be included at submission of building licence application.

m) No stormwater is to be channelled or discharged directly into a river, brook or creek, without stormwater management measures approved by the City.

n) Prior to ‘skin penetration’ procedures taking place on the premises, approval must be first obtained from the City’s Environmental Health Services.

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

p) The proposed earth bund located adjacent to but setback three (3) from the northern property boundary shall be maintained so it has a maximum width


of two (2) metres and a maximum height of one (1) metre as illustrated on the approved site plan.

The proposed earth bund located adjacent to but setback three (3) metres from the southern property boundary shall be maintained so it has a maximum width of seven (7) metres and maximum height of one (1) metre as illustrated on the approved site plan.

q) 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 Town Planning Scheme No. 9. 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) 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).

c) Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

d) 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.

e) 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.

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

g) 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.

h) Where the stormwater of a development is to be discharged into a natural course or wetland, approval from the appropriate authority must be obtained.

i) Stormwater to be disposed clear of building and contained on site.

j) The City of Swan is authorised and liable for the maintenance and repair of roads under its control within its boundary and pursuant to Section 84 of the Road Traffic Act. The City is authorised to recover costs from the applicant, for the repair and maintenance of these roads if any damage is caused as part of this development to the kerb, footpath, drainage pits, stormwater system, landscaping or signs located within the road reserve.

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

l) 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.

m) The Application for Approval to Construct or Install an Apparatus for the Treatment of Sewage Form and the required fee is to accompany the Building Licence application.

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

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) 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.

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

2) Grant delegated authority to the City’s Principal Planner to determine a building envelope modification so as to encompass the proposed two (2) Chalets and day spa/massage building.

3) Those who lodged a submission be advised of Council's decision accordingly.

CARRIED

3.1 PROPOSED CHALETS & DAY SPA RETREAT - LOT 105 (79) … · 2016-05-13 · Spa therapist will...

Documents

Transcript of 3.1 PROPOSED CHALETS & DAY SPA RETREAT - LOT 105 (79) … · 2016-05-13 · Spa therapist will...