Independent Hearing and Asessment Panel | 4 April-2012 proposed development is for fit-out works to...

Independent Hearing and Asessment Panel | 4 April-2012

IHAP No. Item 2

DA No. RD-2011/877/A

Proposal Business premises - car wash and cafe

Property Lots 2 & 3 DP 8682

421-423 Crown Street, WOLLONGONG

Applicant St. Jude Property Investments Pty Ltd

Responsible Team City Planning - City Centre Team (AS)

ASSESSMENT REPORT AND RECOMMENDATION

EXECUTIVE SUMMARY

Reason for Consideration by Independent Hearing and Assessment Panel

The application has been referred to IHAP pursuant to clause 1.8 as the application is an s.82A review application which is recommended for refusal and where the original development application was refused by staff under delegated authority.

Proposal

The application is made pursuant to s.82A of the Environmental planning and Assessment Act, 1979, requesting Council reviews its determination of DA-2011/877. The development is for fitout of an existing building and use as a carwash with ancillary caf and erection of three advertising signs.

Permissibility

The site is zoned SP1 Special Activities Hospitals, Medical Research and Development pursuant to Wollongong Local Environmental Plan 2009. The carwash is categorised as business premises, which is prohibited in the zone. Notwithstanding, use as business premises would be permissible if it was established that the land benefited from existing use rights.

It is considered that existing use rights have not been established. Consequently, the development is prohibited.

Consultation

Having regard to the assessment and subsequent recommendation the application was not publicly exhibited.

Main issues

The application seeks consent for prohibited development and existing use rights have not been established.

RECOMMENDATION

It is recommended Council reaffirm its original determination of DA-2011/877 pursuant to Section 82A of the Environmental Planning and Assessment Act 1979, for the reasons outlined in Attachment 5.

1. APPLICATION OVERVIEW 1.1 BACKGROUND On 24 October 2011 Council refused DA-2011/877 Business premises car wash and caf for the following reasons:

1. Pursuant to the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, the potential for queuing and traffic conflicts upon Staff Street is considered deleterious to the orderly development of the site.

2. Pursuant to the provisions of Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, the site and surrounds are not considered suitable for the development.

3. Pursuant to the provisions of Section 79C(1)(a)(ii) of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development is inconsistent with the State Environmental Planning Policy (Infrastructure) 2007 with respect to clause 101. Furthermore the Roads and Traffic Authority do not support the proposal.

The applicant lodged the subject s.82A application on 8 December 2011. The plans refused under DA-2011/877 have not been amended. However, the applicant has submitted an Operational Management Plan prepared by McLaren Traffic Engineering dated 3 December 2011. The Plan has been reviewed by the Roads and Maritime Services (RMS formerly RTA). The RMS has provided comment and has no objection to the development.

The proposed development relies upon existing use rights as car wash facilities are prohibited in the SP1 Special Activities Hospitals, Medical Research and Development zone. However, it is considered the applicant has failed to demonstrate the site enjoys existing use rights as defined in the Act. As a result, the application seeks consent for prohibited development and cannot be supported.

1.2 PLANNING CONTROLS The following planning controls apply to the development: State Environmental Planning Policies:

o State Environmental Planning Policy (Infrastructure) 2007 o State Environmental Planning Policy No. 64 Advertising and Signage

Local Environmental Planning Policies: o Wollongong Local Environmental Plan (WLEP) 2009

Development Control Plans: o Wollongong Section 94A Development Contributions Plan 2011 o Wollongong Development Control Plan 2009

1.3 PROPOSAL The proposal submitted under the original application (DA-2011/877) is essentially the same as that submitted under this s.82A review application. The only change is the provision of supplementary information, which addresses Councils reasons for refusal. This supplementary information is an Operational Management Plan addressing traffic management.

The proposed development is for fit-out works to convert an existing building (former Auto One retail shop) and parking area into a car wash facility, including:

Alterations to an existing building and use as a car wash (hand wash car wash, vacuum bay and ancillary cafe);

Construction of customer amenities comprising reception/waiting area, caf and toilets; and

Construction of staff amenities comprising office, kitchen, storage and toilets.

Three awning fascia signs 2.44m x 1.22m

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The development will incorporate:

External drying area with two sail shade structures (already erected);

Thirteen (13) off-street parking spaces (supplemented by an additional fourteen (14) mobile spaces within the wash sequence);

On-site queuing lane;

Ancillary landscaping; and

Associated drainage works.

Proposed operation protocols will include:

Directional signage;

Vehicles entering and leaving via Staff Street;

Drivers being directed to the queuing area where drivers leave the vehicles;

Customers then being directed to the caf and/or reception waiting area; and

A maximum two cars being washed/cleaned in the washing bay for 20/30 minutes duration.

Proposed hours of operation will be 6.00am to 6.00pm seven days a week with an expected maximum staff of six, being two caf and four car wash staff.

1.4 BACKGROUND Councils planner assessing the original application DA-2011/877 reviewed the applicants Statement of Environmental Effects and concluded the site enjoyed existing use rights. Upon further detailed review of the approval history and Counsel advice it is considered the applicant has failed to demonstrate existing use rights. This is discussed in section 2.2.

Councils earliest records for a service station date from 1956. Various applications have been approved over the years for the service station including additions, refurbishments, signage and LPG tanks. The table below shows Councils records of consents applying to the land.

The service station referred to in Councils approval history relates to the subject site and two adjoining allotments to the west (Lot A DP 397517 and Lot 1 DP 8682).

Applications on Lots 2 & 3 DP 8682 (the subject site) and adjoining Lot A DP 397517 & Lot 1 DP 8682

Application Description Decision

BC-1956/917 Service Station & Dwelling Approved 6/2/57

BA-1961/1992 Awning Approved 20/9/61

BA-1962/801 Additions Approved 18/4/62

BA-1962/8251 Extensions Approved 21/2/62

DA-1966/325 Additions to Service Station Refused 5/9/66

BA-1967/2639 Service Station & Workshop Extension Approved 16/4/68

BA-1969/2033 Toilets and Changerooms Approved 14/10/69

BA-1970/572 Additions to Workshop Approved 13/7/70

BA-1977/607 Service Station Alterations Approved 12/4/77

BA-1994/621 Refurbishment of Existing Service Station Approved 24/8/94

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DA-2001/240 Installation Of 24Kl U/G LPG Vessel & Dispenser And Minor Alterations To Existing Building

Approved 9/8/01

DA-2001/1613 Remove Existing Pylon Sign & Install Main Illuminated Sign and Other Signage

Approved 20/11/01

PC-2010/688 Carwash Approved 2/9/01

With the gazettal of Wollongong City Centre Local Environmental Plan 2007 (WCCLEP 2007) on 31 January 2007, the use of the site as a service station became prohibited. This has been maintained in the current planning instrument Wollongong Local Environmental Plan 2009 (WLEP 2009).

PC-2010/688

Council received a copy of complying development certificate CDC10-PYR237, issued by Pyramid Building Services on 2 September 2010 (refer PC-2010/688). The approved plan is the same as that submitted with DA-2011/877, and therefore the works described as proposed in the Statement of Environmental Effects to DA-2011/877 were the subject of the approved complying development. However, during construction, the owner became aware the use of the site as a carwash was not permissible, and therefore the complying development certificate had been incorrectly issued. The applicant has advised the works have been commenced but not completed.

MP-2007/70

MP-2007/70 (DoP No: MP07_0070) for Wollongong Private Hospital was conditionally approved as a Major Project on 2 May 2011 and is relevant to the subject application. The eight (8) storey development is located diagonally opposite the subject application, on the northern side of Crown Street and generally adjacent the Staff Street intersection. The consent incorporates a signalised intersection at Crown and Staff Streets, as supported by RMS. Customer service actions

There are no unresolved customer service actions relevant to the application.

1.5 SITE DESCRIPTION The 1,201.4m2 site is located on the south-western corner of Crown Street West and Staff Street and is known as Lots 2 & 3 DP 8682. It is noted figure 4 of the Statement of Environmental Effects shows the site as incorporating Lots 2 and 3 as above, in addition to Lot 1 DP 8682 and Lot A DP 397517 (425-427 Crown Street). The application form, however, refers only to Lots 2 and 3, and therefore these two lots are considered to be the site.

A survey plan has not been provided which would confirm the location of allotment boundaries in relation to the existing building.

A part two storey building has been constructed on the subject site, extending west into Lot A DP 397517 and Lot 1 DP 8682. This building currently contains a Caltex-Woolworths service station, with shop area and fuel bowsers situated on Lots 1 and A. That part of the building situated on Lots 2 and 3 is currently vacant. The applicant has advised that the part of the building situated on Lots 2 and 3 has been used as a retail shop (Auto One) selling motor vehicle spare parts and a mechanical workshop, however no evidence has been provided of mechanical workshops on the subject site.

The applicant advises the site has been occupied by a service station and auto repair centre since 1956, however this appears inaccurate. It is noted the mechanical bay is located on Lot 1 DP 8682 adjoining the car wash allotments Photographic evidence and correspondence relating to Auto One demonstrates the proposed car wash area is located in the area formerly occupied by Auto One, which is a motor vehicle spare parts retail shop. The applicant advised Council the Auto One shop and mechanical service bay ceased operating around July 2010.

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The subject site has three driveway crossovers, one accessing Crown Street and two accessing Staff Street. A further crossover provides egress from the service station onto Crown Street and is located upon Lot A DP 397517.

Site constraints

Council records list the site as being affected by the following constraints:

Contaminated land

Road widening proposals

There are no restrictions on the title.

The land is zoned SP1 Special Activities Hospitals, Medical Research and Development.

1.6 CONSULTATION 1.6.1 INTERNAL CONSULTATION Traffic On 3 January 2012 Councils traffic engineer advised they have no objection, subject to conditions. They noted the advice issued by RMS.

Environment

On 19 December 2011 Councils environment assessment officer advised they have no objection, subject to conditions.

Health

On 16 December 2011, Councils health officer advised insufficient plans had been provided to demonstrate compliance with the requirements of the Food Safety Standards and AS4674-2004: Design, construction and fit out of food premises.

It is noted they provided similar comments in relation to the original development application (DA-2011/877). These matters can be conditioned for completion prior to issue of Construction Certificate.

Building Code of Australia

On 8 February 2012, Councils building surveyor advised they have no objection to the development, subject to conditions. They noted that consolidation of allotments would be required to bring the building into compliance with the Building Code of Australia.

1.6.2 EXTERNAL CONSULTATION Roads and Maritime Services On 21 December 2011 RMS (formerly Roads and Traffic Authority) advised:

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2. ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

2.1 SECTION 82A The application has been lodged pursuant to Section 82A of the Environmental Planning and Assessment Act, 1979. Section 82A provides:

82A Review of determination

(1) If the consent authority is a council, an applicant may request the council to review a determination of the applicants application, other than:

(a) a determination to issue or refuse to issue a complying development certificate, or

(b) a determination in respect of designated development, or

(c) a determination in respect of integrated development, or

(d) a determination made by the council under Division 4 in respect of an application by the Crown.

Comment: The original application DA-2011/877 was none of these types.

(2) A council must, on a request made in accordance with this section, conduct a review.

(2A) A determination cannot be reviewed:

(a) after the time limited for the making of an appeal under section 97 expires, if no such appeal is made against the determination, or

(b) after an appeal under section 97 against the determination is disposed of by the Court, if such an appeal is made against the determination.

Comment: The relevant time period under section 97 is 6 months, ie. 24 April 2012. No appeal has been lodged with the Court.

(3) (Repealed)

(3A) In requesting a review, the applicant may make amendments to the development described in the original application, subject to subsection (4) (c).

Comment: As noted in relation to (4)(c ), the application is substantially the same as that proposed under DA-2011/877 other than providing an Operational Management Plan.

(4) The council may review the determination if:

(a) it has notified the request for review in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the council has made a development control plan that requires the notification or advertising of requests for the review of its determinations, and

Comment: The application was not notified.

(b) it has considered any submissions made concerning the request for review within any period prescribed by the regulations or provided by the development control plan, as the case may be, and

Comment: Not applicable.

(c) in the event that the applicant has made amendments to the development described in the original application, the consent authority is satisfied that the development, as amended, is substantially the same development as the development described in the original application.

Comment: The applicant submitted an Operational Management Plan with the subject application. This plan details methods for moving traffic around the site during operating hours. In all other respects, the application is as proposed under DA-2011/877.

(4A) As a consequence of its review, the council may confirm or change the determination.

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Comment: It is recommended Council confirm its determination of the original application DA-2011/877 with reasons for refusal set out in Attachment 5.

(5) (Repealed)

(6) If the council reviews the determination, the review must be made by:

(a) if the determination was made by a delegate of the councilthe council or another delegate of the council who is not subordinate to the delegate who made the determination, or

(b) if the determination was made by the councilthe council.

Comment: The application has been assessed by a planner not subordinate to the officer who reviewed the original application DA-2011/877.

(7)(9) (Repealed)

(10) If on a review the council grants development consent, or varies the conditions of a development consent, the council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal made under section 97 in respect of its determination withdrawn at any time prior to the determination of that appeal.


(11) (Repealed)

(12) This section does not apply where a regional panel exercises a councils functions as the consent authority.


2.2 EXISTING USE RIGHTS 2.2.1 APPLICANTS SUBMISSION REGARDING EXISTING USE RIGHTS In the Statement of Environmental Effects, the applicant defines the proposed car wash use as business premises. They note that existing use rights are relied upon as business premises are prohibited in the SP1 Special Activities Hospitals, Medical Research and Development zone. Their discussion of existing use rights forms Attachment 4 to this report. In short, they argue that the existing uses are both a service station and shop and the shop can be changed to the carwash development in accordance with the Regulation. As discussed in 2.2.2 below, this position is disputed.

The applicant has provided a development history for the site, which identifies approvals for works to a service station on the adjoining lots to the west (Lot 1 DP 8682 and Lot A DP 397517) and the subject site. These approvals (D240/01 and BA-1994/621) refer to the subject site in the approval documents.

Council notes that the proposed caf (food and drink premises definition) is permissible under the current zoning and therefore existing use rights is not relevant to the caf component. The SEE discusses Part 5 of the Environmental Planning and Assessment Regulation 2000, which relates to existing uses as defined under s.106 of the EP & A Act, 1979. Clause 41 of the Regulation allows an existing use to be changed to another use, subject to specific criteria. The applicant reaches the conclusion that the Auto One shop can be changed to the carwash under this clause. However, as is discussed in 2.2.2 below, Council is of the view that there is no existing use as defined in s.106 of the Act and therefore Part 5 of the Regulation does not apply.

2.2.2 REQUIREMENTS TO ESTABLISH EXISTING USE RIGHTS Division 10 of the EP & A Act 1979 relates to existing uses.

Section 106 states:

In this Division, existing use means: (a) the use of a building, work or land for a lawful purpose immediately before the coming into force of an

environmental planning instrument which would, but for Division 4 of this Part, have the effect of prohibiting that use, and

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(b) the use of a building, work or land: (i) for which development consent was granted before the commencement of a provision of an environmental

planning instrument having the effect of prohibiting the use, and (ii) that has been carried out, within one year after the date on which that provision commenced, in accordance

with the terms of the consent and to such an extent as to ensure (apart from that provision) that the development consent would not lapse.

The relevant questions contained in section 106 are:

i. What was the use being carried out on the land immediately before that use became prohibited by a Local Environmental Plan (LEP) change?

ii. Was that use lawful?

iii. Has that approved use been carried out? ie. was the consent activated?

In order to answer (i), it is necessary to determine what the site has been used for and under what LEP that use ceased to be permissible. As discussed in section 1.5, the subject site contains a building which also extends over two adjoining allotments. That part of the building located on the subject site is currently vacant. The most recent use of that space was as motor vehicle spare parts shop Auto One. This use is confirmed by the applicant in the Statement of Environmental Effects and substantiated by notations on plans relating to service station applications over time.

No record of approval for the Auto One shop has been provided by the applicant nor sourced by Council. Use of the land for the Auto One shop was most recently permissible in Wollongong Local Environmental Plan 1990 (WLEP 1990), where the land was zoned 2(b) Medium Density Residential and under which shops were permissible with consent after satisfying clause 11. Under WLEP 1990, shops were defined:

shop means a building or place used for the purpose of selling by retail or hiring or display for the purpose of selling or hiring items (whether goods or materials), but does not include a bulky goods sales room or showroom.

The applicant advises the Auto One use was lawfully commenced; however this is disputed. Whilst a service station will generally involve the sale of a limited range of automotive accessories and spare parts, its main purpose is the sale of fuel. This has been reinforced in planning law by the distinction between service stations and shops primarily on the basis of sale of fuel. On that basis, when the only approval granted was for a service station, the Auto One shop was unauthorised.

Since the carrying out of that development was unauthorised, and therefore not for a lawful purpose, the Auto One use of the site is insufficient to establish existing use rights.

The applicant also refers to the service station as being a lawful use of the site. Neither Council nor the applicant has obtained a copy of the original service station development consent, however there have been a number of approvals since the mid-1960s which authorise works at a service station on land described as the subject site and the adjoining two allotments. If these approvals are sufficient to lawfully authorise the service station, then (ii) has been satisfactorily met.

It is also necessary to determine when service station uses became prohibited. Service stations were most recently permitted on the land under WLEP 1990, under which service stations were permissible in the 2(b) Medium Density Residential zone only with development consent and subject to clause 11. Service stations were defined:

service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil and other petroleum products, whether or not the building or place is also used for the purpose of any one or more of the following:

(a) the sale by retail of spare parts and accessories for motor vehicles, (b) washing and greasing of motor vehicles, (c) installation of accessories, (d) repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing

which involves top overhaul of motors, body building, panel beating, spray painting, or suspension transmission or chassis restoration).

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Having regard to the approvals which relate to the subject site and the adjoining two allotments, and the existing Caltex service station on the adjoining allotments, it is considered the service station use was lawful and commenced so as not to lapse.

It is concluded that the relevant existing use as defined in s.106 is as a service station rather than a shop. Section 107 further examines existing uses:

(1) Except where expressly provided in this Act, nothing in this Act or an environmental planning instrument prevents the continuance of an existing use.

(2) Nothing in subsection (1) authorises: (a) any alteration or extension to or rebuilding of a building or work, or (b) any increase in the area of the use made of a building, work or land from the area actually physically and

lawfully used immediately before the coming into operation of the instrument therein mentioned, or without affecting paragraph (a) or (b), any enlargement or expansion or intensification of an existing use, or (d) the continuance of the use therein mentioned in breach of any consent in force under this Act in relation to that

use or any condition imposed or applicable to that consent or in breach of any condition referred to in section 80A (1) (b), or

(e) the continuance of the use therein mentioned where that use is abandoned. (3) Without limiting the generality of subsection (2) (e), a use is to be presumed, unless the contrary is established, to be

abandoned if it ceases to be actually so used for a continuous period of 12 months.

Section 107 has the effect of confirming that the lawful use of the land as a service station is not prevented from continuing, unless it has been abandoned. Subsection 3 notes that the test for abandonment is cessation of use for a period of 12 months. It is considered that use of the land for a service station on the subject site has been abandoned for longer than 12 months. This view is based on the applicants admission of the operation of the Auto One retail shop from approximately 1994 until it ceased trading in July 2010. Development consents have been issued from 1994 for service station works to the adjoining two allotments which show an Auto One retail shop on the subject site. Planning law holds that when an unauthorised use occurs, that constitutes strong evidence of abandonment. In any event, the applicant has not demonstrated that a service station has continued to operate on the subject site. It is concluded that the relevant existing use as a service station has been abandoned on Lots 2 and 3 DP 8682. Therefore, no existing use rights apply to the land.

Section 108 states in part:

(1) The regulations may make provision for or with respect to existing use and, in particular, for or with respect to: (a) the carrying out of alterations or extensions to or the rebuilding of a building or work being used for an existing

use, and (b) the change of an existing use to another use, and the enlargement or expansion or intensification of an existing use. (d) (Repealed)

The Regulation is discussed in 2.2.3 below.

2.2.3 EP & A REGULATION 2000 EXISTING USE RIGHTS PROVISIONS As noted in section 2.2.2 above, the site is not considered to support an existing use as defined in section 106 of the Act. Therefore, the provisions contained within the Regulation do not apply.

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3. ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 SECTION 79C ASSESSMENT (1) Matters for considerationgeneral

In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a) the provisions of:

(i) any environmental planning instrument, and See section 3.1

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

See section 3.2

(iii) any development control plan, and See section 3.3

(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

See section 3.4

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates,

See section 3.5

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

See section 3.6

that apply to the land to which the development application relates,

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

See section 3.7

(c) he suitability of the site for the development, See section 3.8

(d) any submissions made in accordance with this Act or the regulations, See section 3.9

(e) the public interest. See section 3.10

3.1 SECTION 79C 1(A)(I) ANY ENVIRONMENTAL PLANNING INSTRUMENT

3.1.1 STATE ENVIRONMENTAL PLANNING POLICY NO. 64 ADVERTISING AND SIGNAGE The proposed signage is permissible and subject to the provisions of SEPP 64.

The proposed signage is as follows:

Sign 1: Replacement 2440mm x 1220mm flush wall sign on the northern elevation;

Sign 2: Replacement 2440mm x 1220mm flush wall sign on the northern elevation; and

Sign 3: Replacement 2440mm x 1220mm flush wall sign on the eastern elevation.

3 Aims, objectives etc

(1) This Policy aims:

(a) to ensure that signage (including advertising):

(i) is compatible with the desired amenity and visual character of an area, and

(ii) provides effective communication in suitable locations, and

(iii) is of high quality design and finish, and

(b) to regulate signage (but not content) under Part 4 of the Act, and

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(c) to provide time-limited consents for the display of certain advertisements, and

(d) to regulate the display of advertisements in transport corridors, and

(e) to ensure that public benefits may be derived from advertising in and adjacent to transport corridors.

Schedule 1 Assessment criteria

Matters for consideration Comment

1 Character of the area

Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

Yes

Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

No particular theme, but the proposed signs are considered low-key and compatible.

2 Special areas

Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

No

3 Views and vistas

Does the proposal obscure or compromise important views?

No

Does the proposal dominate the skyline and reduce the quality of vistas?

No

Does the proposal respect the viewing rights of other advertisers?

Yes

4 Streetscape, setting or landscape

Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

Yes

Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

No, but the signage is not considered visually intrusive.

Does the proposal reduce clutter by rationalising and simplifying existing advertising?

No, but clutter in the area is not apparent.

Does the proposal screen unsightliness? Not applicable

Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

No

Does the proposal require ongoing vegetation management?

No

5 Site and building

Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

Yes.

Does the proposal respect important features of the site or building, or both?

Not applicable

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Does the proposal show innovation and imagination in its relationship to the site or building, or both?

No, but is acceptable

6 Associated devices and logos with advertisements and advertising structures

Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

Not applicable

7 Illumination

Would illumination result in unacceptable glare? Signage is not illuminated.

Would illumination affect safety for pedestrians, vehicles or aircraft?

Not applicable

Would illumination detract from the amenity of any residence or other form of accommodation?

Not applicable

Can the intensity of the illumination be adjusted, if necessary?

Not applicable

Is the illumination subject to a curfew? Not applicable

8 Safety

Would the proposal reduce the safety for any public road?

No

Would the proposal reduce the safety for pedestrians or bicyclists?

No

Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

No

The proposed signage is considered acceptable.

3.1.2 STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007 The subject land fronts Crown Street, which is a classified road. Clause 101 therefore applies:

(2) The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a) where practicable, vehicular access to the land is provided by a road other than the classified road, and

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

The clause does not specifically trigger comment from the RMS nor does the development trigger clause 104 and schedule 3. However, as Crown Street is a classified road and subject to road widening, comment

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from the RMS was sought during assessment of the original application DA-2011/877. The RMS comments are discussed in Section 1.6.2 above.

3.1.3 WOLLONGONG LOCAL ENVIRONMENTAL PLAN 2009 Part 2 Permitted or prohibited development

Clause 2.2 zoning of land to which Plan applies The zoning map identifies the land as being zoned SP1 Special Activities Hospitals, Medical Research and Development. Clause 2.3 Zone objectives and land use table The objectives of the zone are as follows: To provide for special land uses that are not provided for in other zones. To provide for sites with special natural characteristics that are not provided for in other zones. To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special

use, and that minimises any adverse impacts on surrounding land. The zone objectives apply to the site and surrounding development and indicate what kind of development is desired. Having regard to the zone objectives, the proposed development is incompatible with the existing and likely future surroundings. Car wash businesses are prohibited development on the site and the proposal is not considered to be in keeping with the intended medical special uses. The land use table permits the following uses in the zone.

The purpose shown on the Land Use Zoning Map including any development that is ordinarily incidental or ancillary to development for that purpose; Advertising structures; Child care centres; Community facilities; Information and education facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Respite day care centres

Additional purposes shown on the land use map are:

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The proposal is categorised as a car wash facility with ancillary caf. Car wash facility is not specifically defined within the Plan. It is considered business premises is the most appropriate definition for the car wash. The ancillary caf would be appropriately defined as restaurant or caf (a subset of food and drink premises, itself a subset of retail premises). Both business premises and food and drink premises come under the general definition of commercial premises.

Business premises are prohibited in the zone, whilst food and drink premises are permissible with consent. Therefore, the proposed caf component is permissible whereas the carwash component would need to rely on existing use rights in order to be permissible. As discussed in section 2.2, Council is of the view the site does not enjoy existing use rights and therefore consent is sought for a prohibited use.

Clause 1.4 Definitions

business premises means a building or place at or on which:

(a) an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or

(b) a service is provided directly to members of the public on a regular basis,

and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.

commercial premises means any of the following:

(a) business premises, (b) office premises, (c) retail premises.

food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:

(a) a restaurant or cafe, (b) take away food and drink premises, (c) a pub.

Note. Food and drink premises are a type of retail premisessee the definition of that term in this Dictionary.

restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, takeaway meals and drinks or entertainment are also provided.

retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;

(a) bulky goods premises, (b) cellar door premises, (c) food and drink premises, (d) garden centres, (e) hardware and building supplies, (f) kiosks, (g) landscaping material supplies, (h) markets, (i) plant nurseries, (j) roadside stalls, (k) rural supplies, (l) shops, (m) timber yards, (n) vehicle sales or hire premises,

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but does not include highway service centres, service stations, industrial retail outlets or restricted premises. Note. Retail premises are a type of commercial premisessee the definition of that term in this Dictionary.

Part 4 Principal development standards

Clause 4.3 Height of buildings Not applicable no change to the existing building height. Clause 4.4 Floor space ratio

Not applicable no change to the existing floor space ratio.

Miscellaneous provisions Clause 5.10 Heritage conservation The objectives of this clause are:

a) to conserve the environmental heritage of Wollongong, and b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric,

settings and views, and c) to conserve archaeological sites, and d) to conserve places of Aboriginal heritage significance.

A house at 366 Crown Street (item 6243) and a Moreton Bay fig in Beatson Park on Crown Street (item 6286) are listed within the Plan as heritage items of local significance, and are located generally across the road from the subject site. The proposed development will not adversely affect the listed items.

Local provisions general Clause 7.1 Public utility infrastructure The existing development is serviced; no further utility connection matters are required to be addressed.

Part 7 Local provisionsWollongong city centre

Clause 8.1 Objectives for development in Wollongong city centre The objectives of this Part are as follows:

a) to promote the economic revitalisation of the Wollongong city centre, b) to strengthen the regional position of the Wollongong city centre as a multifunctional and innovative centre that

encourages employment and economic growth, c) to protect and enhance the vitality, identity and diversity of the Wollongong city centre, d) to promote employment, residential, recreational and tourism opportunities within the Wollongong city centre, e) to facilitate the development of building design excellence appropriate to a regional city, f) to promote housing choice and housing affordability, g) to encourage responsible management, development and conservation of natural and man-made resources and to

ensure that the Wollongong city centre achieves sustainable social, economic and environmental outcomes, h) to protect and enhance the environmentally sensitive areas and natural and cultural heritage of the Wollongong city

centre for the benefit of present and future generations. The proposal is not considered to have regard to objective (c). .

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Clause 8.5 Design excellence This clause relates to construction of a new building or external alterations to an existing building. The objective of this clause is to deliver the highest standard of architectural and urban design. The Statement of Environmental Effects (SEE) notes the exterior of the building has been altered following issue of complying development certificate PC-2010/688. As a result, the two shade sail structures in the Staff Street and Crown Street forecourt areas have been erected. Internal alterations have commenced but are not yet completed. Externally, the works depicted in the SEE and proposed plan appear to have been undertaken. Council is required to be satisfied the external works exhibit design excellence. Matters for consideration are:

(a) whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

The external changes are compatible with the remainder of the building and appropriate for the proposed activity.

(b) whether the form and external appearance of the proposed development will improve the quality and amenity of the public domain,

The external changes do not adversely impact upon the public domain.

(c) whether the proposed development detrimentally impacts on view corridors,

No views are affected.

(d) whether the proposed development detrimentally overshadows an area shown distinctively coloured and numbered on the Sun Plane Protection Map,

Not applicable

(e) how the proposed development addresses the following matters:

(i) the suitability of the land for development,

Having regard to the problem of permissibility, the building works cannot be considered to be suitable development on the land.

(ii) existing and proposed uses and use mix,

As above.

(iii) heritage issues and streetscape constraints,

Not applicable

(iv) the location of any tower proposed, having regard to the need to achieve an acceptable relationship with other towers (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,

Not applicable

(v) bulk, massing and modulation of buildings,

Not applicable

(vi) street frontage heights,

Not applicable

(vii) environmental impacts such as sustainable design, overshadowing, wind and reflectivity,

Not applicable

(viii) the achievement of the principles of ecologically sustainable development,

The development is expected to be water and energy intensive, however this is not due to design of the building.

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http://www.legislation.nsw.gov.au/fragview/inforce/epi+76+2010+pt.8-cl.8.5+0+N?tocnav=y##

(ix) pedestrian, cycle, vehicular and service access, circulation and requirements,

Councils traffic officer and the RMS have no objection to the development.

(x) impact on, and any proposed improvements to, the public domain.

The proposal will not detrimentally affect the public domain.

3.2 SECTION 79C 1(A)(II) ANY PROPOSED INSTRUMENT None applicable.

3.3 SECTION 79C 1(A)(III) ANY DEVELOPMENT CONTROL PLAN 3.3.1 WOLLONGONG DEVELOPMENT CONTROL PLAN 2009 The proposal seeks consent for three advertising fascia signs measuring 2.44m x 1.22m. These signs have been erected. The Statement of Environmental Effects refers to these as replacements of existing Auto One signage, however no record of consent for the Auto One signs has been located.

CHAPTER C1 ADVERTISING AND SIGNAGE

Controls/objectives Comment Compliance

8 General requirements for advertising signs and structures

8.1 Advertising Signage must relate directly to lawful use of the land

Must relate to lawful use of the land Relates to proposed use Yes

Third party/general advertising not permitted

No third party/general advertising proposed

N/A

8.2 Design and Location

Reflect architectural style of the building Architectural style not reflected, but acceptable.

Yes

Should not obscure decorative forms/mouldings

Does not obscure forms/mouldings Yes

8.3 Proportion

Of proportion to complement scale of building

In proportion to scale of building Yes

Lettering proportional to area of panel Lettering considered proportional Yes

8.4 Colour

Should complement colour of building Complementary to building colour Yes

Corporate colours should be on sign only; not building

Corporate colours not on building Yes

8.5 Illumination

Low set floodlighting preferred, as opposed to neon or boxed fluorescent

No illumination proposed N/A

8.6 Rationalisation of Advertising Signage

The number of signs should take into account:

The service station has a number of existing signs. It is recommended only one fascia sign on the northern

Yes

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Controls/objectives Comment Compliance o Number of existing signs o Proportion of solid wall surface to

void (windows/doors) available for signage

o Length of frontage o Extent of faade detail/features

which should remain unobscured by signage

elevation is supported together with the sign on the eastern elevation. The available area is acceptable; frontage is adequate and the unaffected area would be adequate if only one northern elevation sign was supported.

Rationalisation of signage is required where there is existing signage

The service station has a number of existing signs. It is recommended only two of the three proposed signs are supported.

Yes

Any new sign should be off-set by the deletion of existing signs

It is recommended only two of the three proposed signs are supported.

Yes

8.7 Advertising Signs and Structures maintained in good repair and in a clean and tidy condition

All signage maintained in good repair. Matter for conditions Yes

8.8 Advertising Signs must be displayed in English Language

All signs in English Signage is in English text Yes

8.9 Advertising Signs or Structures Public Safety

Signage must not endanger safety and/or cause nuisance by:

o Emitting excessive glare or reflection

o Obscuring the view of motorists o Obscuring the view of pedestrians o Screening hazardous road features o Confuse or distract motorists

No excessive glare or reflection; motorist view not obscured; pedestrian view not obscured; road features not screened; motorists not confused or distracted

Yes

9 Specific controls for advertising signs and structures

9.2 Fascia signs

Maximum one (1) sign per building awning fascia

The application proposes one sign on the Staff Street elevation and two signs on the Crown Street elevation. It is considered the Staff Street fascia requires only one sign, and not two as proposed. The erected shade sail structure in the Crown Street setback partially obscures the fascia from a particular viewpoint, however this is not considered to warrant proliferation of signs. There is ample area on which to choose the most effective

No

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Controls/objectives Comment Compliance location for placement of the northern elevation sign.

Must form part of the awning and not project above or below the awning

The signs do not project above or below the awning

Yes

Must not be illuminated Signs are not illuminated Yes

Must refer to business name and not be general advertising

Signs refer only to business name Yes

Where building contains several businesses, fascia sign should refer to building name only

The building is varied architecturally, with varied setbacks and several types of fascia. It is not unreasonable to provide fascia signs for each business eg. Caltex and the proposed car wash.

No, but satisfactory

CHAPTER D13 WOLLONGONG CITY CENTRE The site is located within the Wollongong City Centre, as defined in WLEP 2009 and WDCP 2009. Chapter D13 applies to the development and prevails over other parts of the DCP where there is any inconsistency. 2 Building form

Objectives/controls Comment Compliance

2.2 Building to street alignment and street setbacks

4m minimum setback No change proposed to existing building setbacks.

N/a

2.4 Building depth and bulk

No controls Not applicable. N/A

2.7 Deep soil zone

Existing paved site. Not applicable. N/A

2.8 Landscape design

Considered satisfactory. Yes

2.11 Development on classified roads

If practicable, vehicular access off other road Development of a type not sensitive to traffic noise

Not practicable three existing crossovers (2 on Staff St) Development considered acceptable

N/A Yes

3 Pedestrian amenity

Pedestrian thoroughfares on the two (2) frontages unaffected by the proposal. 4 Access, parking and servicing

Objectives/controls Comment Compliance

4.1 General

Meet relevant AS2890.1 2004 Parking Facilities Minimum 1% parking for disabled

Compliant 1 of 13 spaces (7%)

Yes Yes

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4.2 Pedestrian access and mobility

As existing Satisfactory Yes

4.3 Vehicular driveways and manoeuvring areas


4.4 On-site parking

Part E of WCCDCP 2009 does not provide a minimum provision figure for car wash facilities.

The applicants Traffic study is assessed in Section 2.7 below.

N/A

4.5 Site facilities and services


CHAPTER E3: CAR PARKING, ACCESS, SERVICING/LOADING FACILITIES AND TRAFFIC MANAGEMENT

Refer Access, Transport and Traffic in Section 3.7 below.

CHAPTER E6: LANDSCAPING Considered satisfactory.

3.3.2 WOLLONGONG SECTION 94A DEVELOPMENT CONTRIBUTIONS PLAN (2010) The estimated cost of works is $276,000. If Council could grant consent to the development, a section 94A levy would apply.

3.4 SECTION 79C 1(A)(IIIA) ANY PLANNING AGREEMENT THAT HAS BEEN ENTERED INTO UNDER SECTION 93F, OR ANY DRAFT PLANNING AGREEMENT THAT A DEVELOPER HAS OFFERED TO ENTER INTO UNDER SECTION 93F There are no planning agreements entered into or any draft agreement offered to enter into under S93F which affect the development.

3.5 SECTION 79C 1(A)(IV) THE REGULATIONS (TO THE EXTENT THAT THEY PRESCRIBE MATTERS FOR THE PURPOSES OF THIS PARAGRAPH) 92 What additional matters must a consent authority take into consideration in determining a development application?

(1) For the purposes of section 79C (1) (a) (iv) of the Act, the following matters are prescribed as matters to be taken into consideration by a consent authority in determining a development application:

(a) in the case of a development application for the carrying out of development:

(i) in a local government area referred to in the Table to this clause, and

(ii) on land to which the Government Coastal Policy applies,

the provisions of that Policy,

(b) in the case of a development application for the demolition of a building, the provisions of AS 2601.

The applicant has advised that demolition has occurred under complying development certificate PC-201/688. No additional demolition is proposed.

The land is not located within the coastal zone.

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93 Fire safety and other considerations

(1) This clause applies to a development application for a change of building use for an existing building where the applicant does not seek the rebuilding, alteration, enlargement or extension of a building.

(2) In determining the development application, the consent authority is to take into consideration whether the fire protection and structural capacity of the building will be appropriate to the buildings proposed use.

(3) Consent to the change of building use sought by a development application to which this clause applies must not be granted unless the consent authority is satisfied that the building complies (or will, when completed, comply) with such of the Category 1 fire safety provisions as are applicable to the buildings proposed use.

Note. The obligation to comply with the Category 1 fire safety provisions may require building work to be carried out even though none is proposed or required in relation to the relevant development consent.

(4) Subclause (3) does not apply to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4).

(5) The matters prescribed by this clause are prescribed for the purposes of section 79C (1) (a) (iv) of the Act.

Appropriate conditions with regards to fire safety issues were imposed on the complying development certificate. If Council could support the prohibited development, standard fire safety/essential services conditions would be recommended.

94 Consent authority may require buildings to be upgraded

(cf clause 66B of EP&A Regulation 1994)

(1) This clause applies to a development application for development involving the rebuilding, alteration, enlargement or extension of an existing building where:

(a) the proposed building work, together with any other building work completed or authorised within the previous 3 years, represents more than half the total volume of the building, as it was before any such work was commenced, measured over its roof and external walls, or

(b) the measures contained in the building are inadequate:

(i) to protect persons using the building, and to facilitate their egress from the building, in the event of fire, or

(ii) to restrict the spread of fire from the building to other buildings nearby.

(c) (Repealed)

(2) In determining a development application to which this clause applies, a consent authority is to take into consideration whether it would be appropriate to require the existing building to be brought into total or partial conformity with the Building Code of Australia.

(2A), (2B) (Repealed)

(3) The matters prescribed by this clause are prescribed for the purposes of section 79C (1) (a) (iv) of the Act.

Councils Health Division recommended the applicant provide detailed floor plans of the caf area. If Council could support the prohibited development, this matter could be conditioned.

115 What are the requirements for an application for modification of a development consent?

Not applicable

3.6 SECTION 79C 1(A)(V) ANY COASTAL ZONE MANAGEMENT PLAN (WITHIN THE MEANING OF THE COASTAL PROTECTION ACT Not applicable.

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3.7 SECTION 79C 1(B) THE LIKELY IMPACTS OF DEVELOPMENT Context and Setting:

The submitted Operational Management Plan has been reviewed by Roads and Maritime Services and considered acceptable. In that regard, traffic impacts upon the locality are considered to have been resolved.

The context of the proposed signage, being replacement signage similar to that existing, is considered acceptable.

Access, Transport and Traffic:

As stated previously, Part E of WCCDCP 2009 does not provide a minimum requirement for number of parking spaces at car wash facilities. The traffic study submitted with the original application DA-2011/877 states:

The assessment indicates that the car wash and cafe are expected to generate a peak hourly rate of 5 trips per l00m2 on a weekday evening and 10 trips per l00m2 on a Saturday morning (11am - 12pm) based upon the RTAs Guide to Traffic Generating Developments for a specialty retail use. This equates to:

26 (13 in; 13 out) peak hour trips on a weekday evening; and

53 (27 in; 26 out) peak hourly trips on a Saturday morning.

A key consideration for the proposal if it is to rely on existing use rights, is the previous traffic generating capability of the former Auto One and whether the car wash facility will significantly increase traffic movements. McLaren Consulting (the Studys author) has advised that there would be little or no passing trade associated with the former AutoOne premise as it would have generated destination trip purpose patrons. The proposed car wash facility however would tend to draw trade from passing traffic and would also be weather dependent.

A comparison of a similar local car wash facility located on a road exposed to 33,000 vehicles per day resulted in the following car wash usage:

20 (10 in; 10 out) peak hour trips on a Friday evening and lesson other weekdays; and

40 (22 in; 18 out) peak hourly trips on a Saturday around 11am to noon.

Crown Street experiences maximum daily vehicle movements in the order of 23,000 vehicles per day which is less than the comparative example. Therefore, for the subject site with a passing traffic volume of 23,000 vehicles per day, the expected peak hourly traffic generation rate is estimated as follows:

14 (7 in; 7 out) peak hour trips on a Friday evening and less on other weekdays.

28 (14 in; 14 out) peak hourly trips on a Saturday around 11am to noon.

Car wash developments tend to generate their highest patronage on weekends with the Friday afternoon/evening being the next busiest period, but typically 50% lower than weekend peak hour periods. Patronage levels are much lower on other weekdays. A typical passing trade of 50% is not uncommon so that the actual generated traffic is at most half of the figures shown above.

Accordingly, the proposed car wash facility can expect to generate significantly less traffic compared to the former AutoOne facility on the site on the following grounds:

that car wash facilities draw significant trade from the volume of existing traffic passing the site whilst the AutoOne facility would have generated destination trip purpose patrons; and

the average duration of patron stay for a car wash is about 30 minutes compared to a much lower time of 10 to 20 minutes for specialty retail customers, which would consequently reduce the frequency of car trips on the site.

This has been verified for the car wash/cafe facility through traffic counts conducted on a Friday 22nd July (4pm to 7pm) and Saturday 23rd July 2011 (10am to 2:45pm). The recorded peak hour flows passing the site were in the order of 2,306 vehicles for Friday (from 4:45 to 5:45pm) compared to some 1,838 vehicles (from 11:45am to

22

12:45pm) for Saturday. Accordingly, Saturday exposure to peak hour passing traffic is about 20% lower than the exposure to peak hour passing traffic on Friday.

The RMS raised concerns regarding the original application DA-2011/877, in relation to vehicle queuing and stacking at the Staff Street entrance. This queuing was expected to be exacerbated by the construction of signalised intersection at Staff Street and Crown Street approved under MP-2007/70. The applicant responded by submitting an Operational Management Plan, which the RMS has advised is satisfactory.

Councils Traffic Engineer assessed the Traffic Study in the original application and found it satisfactory in principle, subject to Staff Street queuing impacts being resolved. These concerns have been satisfactorily resolved by the submission of the Operational Management Plan.

The proposed layout incorporates seven spaces forward of the caf/reception area, two spaces adjacent the Crown street frontage and four adjacent the Staff Street frontage (two of which are stacked). The supplement of an additional fourteen mobile spaces within the wash sequence is noted but should not be included in the total car parking provision.

These types of car wash facilities generally operate with one car being washed/cleaned/detailed in sequence whilst the customer waits, meaning the required parking of the vehicle is done as the car is cleaned. The thirteen proposed parking spaces are therefore additional spaces which would be utilised either by caf patrons not using the car wash facilities or patrons awaiting the sequence queue at busier times. For the car wash use, the parking provision is considered satisfactory. The two stacked spaces do not conform to Councils configuration requirements but these could be used by staff members and are therefore considered acceptable in the circumstances.

They consequently have no objection to the proposed development.

Public Domain:

The proposal will have minimal impact on public recreation areas, pedestrian areas or activities. Utilities: The proposal is not envisaged to place an unreasonable demand on utilities supply. Existing utilities are adequate to service the proposal.

Heritage: No heritage items will be impacted by the proposal.

Other land resources: The proposal is not considered to contribute to orderly development of the site, as it is prohibited.

Water: The site is presently serviced by Sydney Water, which can be readily extended to meet the requirements of the proposed development.

Soils: Not applicable.

Air and Microclimate: The proposal is not expected to have any negative impact on air or microclimate.

Flora and Fauna: There is no vegetation removal or landscaping proposed or required.

Waste: If Council was of a mind to support the proposal, it is recommended a condition of consent is applied requiring an appropriate receptacle to be in place for any waste generated during the construction.

23

Energy: The proposal is not envisaged to have unreasonable energy consumption. Utility consumption is expected to be monitored by the operator.

Noise and vibration: If Council was of a mind to support the proposal, it is recommended a condition of consent is applied requiring nuisance to be minimised during any construction, demolition, or works, should the application be approved.

Natural hazards: There are no natural hazards affecting the site that would prevent the proposal.

Technological hazards: There are no technological hazards affecting the site that would prevent the proposal. Council records list the site as contaminated land affected. The proposed fit-out is not expected to disturb contaminants, if any, on the site.

Safety, Security and Crime Prevention: The application does not result in opportunities for criminal or antisocial behaviour.

Social Impact: The proposal is not expected to create any negative social impact.

Economic Impact: The proposal is considered to have the potential to adversely affect the economic integrity of zones in which car wash activities are permitted and also impact upon the SP1 zone, where other development is desired.

Site Design and Internal Design: If Council was of a mind to support the proposal, it is recommended a condition of consent is applied requiring all works to be in compliance with the Building Code of Australia.

Construction: If Council was of a mind to support the proposal, it is recommended a condition of consent is applied regarding construction impacts such as hours of work, erosion and sedimentation controls, works in the road reserve, partial demolition and use of any crane, hoist, plant or scaffolding.

Cumulative Impacts: As it is considered the applicant has failed to demonstrate existing use rights, Council has been asked to approve a prohibited development. Approval would result in adverse cumulative impacts for the community.

3.8 SECTION 79C 1(C) THE SUITABILITY OF THE SITE FOR DEVELOPMENT Does the proposal fit in the locality? RMS and Council concerns regarding traffic impacts upon Staff Street have been satisfactorily resolved by the submission of an Operational Management Plan. However, the applicant has failed to demonstrate the site enjoys existing use rights and therefore the proposed development is considered unacceptable for the site context. Are the site attributes conducive to development? No physical site constraints are relevant to the proposal. In this regard, RMS concerns regarding traffic impacts on Staff Street have been resolved.

24

25

3.9 SECTION 79C 1(D) ANY SUBMISSIONS MADE IN ACCORDANCE WITH THIS ACT OR THE REGULATIONS The application was not required to be notified in accordance with WDCP 2009 Appendix 1: Public Notification and Advertising. The original application DA-2011/877 was exhibited and no submissions were received.

Submissions from public authorities Roads and Maritime Services comments are addressed in Section 1.6.2 above.

3.10 SECTION 79C 1(E) THE PUBLIC INTEREST The applicant has satisfactorily resolved concerns noted during assessment of DA-2011/877. Roads and Maritime Services and Councils traffic engineers now have no objection to the development. However, upon close review the applicant has failed to demonstrate the site has the benefit of existing use rights. Approval of prohibited development would be invalid and not consistent with the public interest.

4. RECOMMENDATION The s.82A review application has been assessed having regard to Section 79C(1) of the Environmental Planning and Assessment Act 1979 and the provisions of environmental planning instruments relevant to the application. Existing use rights have not been demonstrated and therefore the proposed development is prohibited. Refusal of the application is consistent with the public interest. Subject to section 82A of the EP& A Act 1979, it recommended Council confirm its determination of DA-2011/877 with reasons for refusal detailed in Attachment 5.

5. ATTACHMENTS

1. Aerial Photograph of the site and surrounds

2. Zoning Map extract WLEP 2009

3. Proposed Plans

4. Statement of Environmental Effects

5. Recommended Reasons for Refusal

Attachment 1 Aerial photograph of the site and surrounds

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Attachment 2 Zoning Map Extract WLEP 2009

27

Attachment 3 Plans

28

Attachment 3 Plans

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JBA Planning Pty Ltd ABN 84 060 735 104 ACN 060 735 104 w jbaplanning.com.au

Level 7, 77 Berry Street North Sydney NSW 2060 t +61 2 9956 6962 29 Beach Street Wollongong NSW 2500 t +612 4225 7680

Development Application

Statement of Environmental Effects

421-423 Crown Street, Wollongong

Car Wash Facility

Submitted to Wollongong City Council

On Behalf of St Jude Property Investments P/L

Volume 1 of 1

July 2011 11174

lwilsonTypewritten TextATTACHMENT 4

Reproduction of this document or any part thereof is not permitted without prior written permission of JBA Urban Planning Consultants Pty Ltd.

JBA Urban Planning Consultants Pty Ltd operates under a Quality Management System. This report has been prepared and reviewed in accordance with that system. If the report is not signed below, it is a preliminary draft.

This report has been prepared by: Stephanie Ballango

28 July 2011

This report has been reviewed by: Andrew Wilson

28 July 2011

421-423 Crown Street, Wollongong Statement of Environmental Effects | July 2011

Contents

JBA Planning 11174 i

Executive Summary i

1.0 Introduction 1

1.1 Background 1

2.0 Site Analysis 3

2.1 Site Location and Context 3 2.2 Site Description 3 2.3 Surrounding Development 6 2.4 Land Ownership 10

3.0 Description of Proposed Development 11

3.1 Car Wash Operation 11 3.2 Trading Hours and Staff Numbers 11 3.3 Numerical Overview 11 3.4 Demolition 12 3.5 Building Height and Setbacks 12 3.6 External Materials and Finishes 12 3.7 Access, Circulation and Parking 15 3.8 Signage 16 3.9 Lighting 17 3.10 Water Management 17 3.11 Construction 18 3.12 Waste Management 18

4.0 Assessment of Planning Issues 19

4.1 Existing Use Rights 19 4.2 Site Suitability 24 4.3 Compliance with Relevant Strategic and Statutory Plans and Policies25 4.4 Built Environment 29 4.5 Streetscape and Public Domain 29 4.6 Impact on Adjoining Properties 29 4.7 Traffic and Access 30 4.8 Water Cycle 31 4.9 Acoustic Impacts 31 4.10 Energy Efficiency 31 4.11 Social and Economic Issues 32

5.0 Conclusion 33

Figures

1 Figure 1 Location plan 3 2 Figure 2 Aerial Plan 4

3 Figure 3 The site as viewed from Crown Street (facing east) 4 4 Figure 4 The site as viewed from Staff Street (facing west) 5

5 Figure 5 Former Auto One facility (from Crown Street) 5

6 Figure 6 Former Auto One facility (from Staff Street) 6


Contents

ii JBA Planning 11174

7 Figure 7 - Crown Street facing east and west 7 8 Figure 8 St Mark's Church and driveway arrangements adjoining the site 7 9 Figure 9 - Commercial and retail premises west of site 7

10 Figure 10 Wollongong Hospital 8

11 Figure 11 Medical premises north of site 8

12 Figure 12 51 Staff Street 9

13 Figure 13 - Residential tower south of the site 9

14 Figure 14 - Staff Street Cancer Clinic (facing east) 10 15 Figure 15 - Staff Street Cancer Clinic (facing north) 10 16 Figure 16 - Internal vacuum and wash area (facing west) 13

17 Figure 17 - enclosed vacuum area and wash bay (facing south) 13 18 Figure 18 - View facing east towards proposed cafe/reception area 14

19 Figure 19 - Proposed cafe/reception area 14

20 Figure 20 - Proposed food storage equipment 15 21 Figure 21 - Proposed queuing area from Staff Street 16

22 Figure 22 - New car wash facility signage proposed 17

Tables

1 Table 1 - Key Development Information 12 2 Table 2 - Development Application History 20

3 Table 3 - Proposed Development's Compliance with Clause 41(2) of the EP&A Regulation 23

Appendices

A Site Survey and Architectural Drawings

Greenline Development

B Development History

Various

C Traffic Impact Statement

McLaren Consulting

D Sydney Water Trade Waste Permit

Sydney Water


JBA Planning 11174 1

1.0 Introduction This report is submitted to Wollongong City Council (the Council) as part of a Development Application (DA) for a car wash facility at 421-423 Crown Street, Wollongong. Specifically, the DA seeks approval for the following for internal construction works to the existing (former) Auto One for conversion into a car wash facility comprising:

- alteration to two existing mechanical workshops into a hand wash car wash and a vacuum bay;

- construction and fit out works to provide customer amenities including customer reception/waiting area, a cafe proposed for use by customers whilst cars are being washed, and toilets;

- construction and fit out works to provide staff amenities including office; kitchen, storage, and toilet facilities;

an external drying area with sail shade structures;

provision of up to 14 on-site car parking spaces;

on site queuing area;

landscaping at the north eastern corner and eastern boundary of the site and

associated drainage works.

The site has been occupied by a service station and auto repair centre since 1956. These uses are now a prohibited form of development within the SP1 Hospitals Medical Research and Development zone pursuant to the provisions of Wollongong Local Environmental Plan 2009 (WLEP 2009). Development for the purpose of a proposed car wash facility is based upon existing use rights in accordance with the Environmental Planning and Assessment Act, 1979 (EP&A Act) and Environmental Planning and Assessment Regulation, 2000 (EP&A Regulation). The proposal is therefore subject to a Development Application (DA) to the Council and a merit based assessment under the provisions of the Wollongong Development Control Plan. The application has been prepared on behalf of St Jude Property Investments P/L. JBA Urban Planning Consultants Pty Ltd (JBA Planning) has prepared this report based on plans and information provided by the proponent and supporting technical documents. This report describes the site and its environs, the proposed development and includes an assessment of the proposal in terms of the matters for consideration as listed under Section 79C(1) of the EP&A Act. It should be read in conjunction with the supporting information and Architectural Drawings appended to this report.

1.1 Background St Jude Property Investments P/L obtained a Complying Development Certificate (CDC No. 10-PYR237) from a private certifier, Pyramid Building Services, for the construction of a car wash facility on 2 September 2010. Construction works were commenced by St Jude Property Investments P/L and the CDC was provided to the Council in accordance with the provisions of the EP&A Act. The Council's officers inspected the site on 2 March 2011 and subsequently wrote to St Jude Property Investments P/L on 3 March 2011 advising:


2 JBA Planning 11174

the proposed car wash facility is prohibited within the "SP1 Hospitals Medical Research and Development Zone";

the proposed use cannot therefore be considered as a permissible use and accordingly the use of the premises for the purposes of a car wash facility is not Complying Development; and

consequently the CDC issued by Pyramid Building Services was unlawful.

Council requested St Jude Property Investments P/L advise what action would be taken to rectify the matter, including the partially completed construction of the car wash facility. JBA Planning was engaged by St Jude Property Investments P/L on 2 May 2011 to review and confirm the validity of the Council's correspondence. Having reviewed the available documentation, JBA Planning formed the view that a development application would be required to be made to the Council seeking approval for the construction and operation of the car wash facility under the existing use rights provisions of the EP&A Act. JBA Planning wrote to the Council on 16 March 2011on behalf of St Jude Property Investments P/L advising of JBA Planning's appointment to prepare a DA for the development.



2.0 Site Analysis

2.1 Site Location and Context The sites locational context is shown at Figure 1 below. The site is located at 421-423 Crown Street, Wollongong approximately 300m west of the Wollongong Hospital. The Wollongong City Centre core lies to the east of the site and Mangerton and Coniston are located to the south.

Figure 1 Location plan

2.2 Site Description The site is legally described as Lots 2 and 3 in DP 8682 and is located at 421-423 Crown Street, Wollongong. It is rectangular in shape, with an area of approximately 2,150m2. An aerial photo of the site is shown at Figure 2. The site has two street frontages, being Crown Street to the north and Staff Street to the east (refer to Figures 3 and 4). Vehicular access to the service station is available with existing driveways off both Crown Street and Staff Street.



Figure 2 Aerial Plan

Figure 3 The site as viewed from Crown Street (facing east)



Figure 4 The site as viewed from Staff Street (facing west)

Existing Development

The site currently operates (in part) as a Caltex/Woolworths Service Station (refer to Figures 3 and 4). Other structures on the site are vacant but have most recently been used as an Auto One outlet for motor vehicle accessories and a service bay for maintenance repairs (Figures 5 and 6).

The Auto One and service bay use of the site ceased on or around 31 July 2010.

Figure 5 Former Auto One facility (from Crown Street)



Figure 6 Former Auto One facility (from Staff Street)

Topography

The site gently slopes from north east to south west, (RL 41.98m to RL 39.08m). The site survey and site analysis plan illustrating existing site conditions is contained in Appendix A.

Landscape

Canopies of existing trees on the western, southern and eastern boundaries overhang the site boundary, however there are no trees or shrubs located on the site itself.

2.3 Surrounding Development Immediately to the north of the site is Crown Street. This is a four lane arterial road comprising a mix of residential (single and two storey detached dwellings), commercial and retail premises (refer to Figure 7). Wollongong Hospital is located 300m east of the site on the northern side of Crown Street, and many of the premises in the immediate vicinity of the site offer medical and consulting supporting services (Figures 8-10). Located to the south of the site is a singly storey residential dwelling (51 Staff Street) with further low scale residential development beyond. Diment Tower, a single 10 storey residential tower is located approximately 150m south of Crown Street behind the site and is the tallest structure in the immediate vicinity (refer to Figures 11 and 12). Staff Street, which bounds the site to the east provides access to residential development to the rear (south) of the site. The Staff Street Cancer Clinic, a 2-3 storey commercial building, and its associated car parking areas (on both Crown Street and Staff Street) address Staff Street (refer to Figure 13). The Cancer Clinic is setback approximately 15.4 metres from the site boundary (refer to Figure 14). A footpath and grassed verge lie between the site and Staff Street Cancer Clinic. Land further east is characterised by vacant lots and low scale residential dwellings, some of which have been converted into retail and commercial premises.



To the west of the site is St Marks Anglican Church. The Church's driveway and car parking area immediately abuts the site's western boundary (refer to Figure 8). Beyond the St Mark's Church compound, Crown Street is characterised by a mixture of single storey residential development and small scale commercial and retail including the Mangerton strip of shops.

Figure 7 - Crown Street facing east and west

Figure 8 St Mark's Church and driveway arrangements adjoining the site

Figure 9 - Commercial and retail premises west of site



Figure 10 Wollongong Hospital

Figure 11 Medical premises north of site



Figure 12 51 Staff Street

Figure 13 - Residential tower south of the site



Figure 14 - Staff Street Cancer Clinic (facing east)

Figure 15 - Staff Street Cancer Clinic (facing north)

2.4 Land Ownership The land is owned by St Jude Property Investments P/L and landowner's consent has been granted for the lodgement of this development application as verified by the signing of the application form provided under separate cover.



3.0 Description of Proposed Development

This chapter of the report provides a detailed description of the proposed development. Architectural drawings are included at Appendix A. This application seeks approval for internal construction works to the existing (former) Auto One for conversion into a car wash facility comprising:

- alteration to two existing mechanical workshops into a hand wash car wash and a vacuum bay;

- construction and fit out works to provide customer amenities including customer reception/waiting area, a cafe proposed for use by customers whilst cars are being washed, and toilets;

- construction and fit out works to provide staff amenities including office; kitchen, storage, and toilet facilities;

an external drying area with sail shade structures;

provision of up to 13 on-site car parking spaces;

on site queuing area;

landscaping at the north eastern corner and eastern boundary of the site and

associated drainage works.

The development does not propose any extension to the existing workshop buildings on the site.

3.1 Car Wash Operation The proposed car wash cafe facility would operate in the following manner:

vehicles would enter and leave via Staff Street;

the drivers would be directed to an on-site queuing area where they would hand over the keys to a carwash operative;

the customer would then be directed to the caf facility (where they would have the opportunity to purchase refreshments) or the reception/seating area, where they would remain until the cleaning process is complete. The owners would collect their keys and join their car at the Staff Street exit; and

a maximum of two cars at any given time could be detained in the washing bay for 20-30 minutes whilst being washed.

3.2 Trading Hours and Staff Numbers The proposed hours of operation for both the car wash facility and the cafe would be from 6:00am until 6:00pm. A maximum of six (6) staff will be employed as part of the car wash caf facility at any one time, comprising two (2) cafe staff and four (4) car wash staff to meet increased demand.

3.3 Numerical Overview Table 1 provides a summary of key development information relating to the proposal.



Table 1 - Key Development Information

Component Proposal

Site area 2,150m2 (approx)

Floor area of vacuum/car wash bay structure 531m2

Car parking spaces 13 (maximum)

Existing building height 5.5m

3.4 Demolition As outlined in Section 1.1, construction has already commenced early last year in response to the CDC, which was considered at the time to be lawful authorisation to commence the proposed works. Accordingly, the previous internal building structures associated with the Auto One use of the site have been partially demolished and construction of the new car wash facility has commenced in accordance with the plans attached at Appendix A. Demolition works have been completed.

3.5 Building Height and Setbacks The car wash facility is proposed to be accommodated within the existing (former) Auto One building, which is 5.5m in height (at its highest point) and is located on the site's southern boundary, setback approximately 15.4 metres from the site boundary.

3.6 External Materials and Finishes The existing (former) Auto One building which is proposed to be converted into the car wash facility has been constructed from reinforced concrete, cement brick/block external walls, aluminium/timber framed windows, aluminium fascia, and metal deck roofing. The majority of works have been completed under the CDC, however Figures 16-20 illustrate the range of internal materials and finishes used and proposed to complete the works.



Figure 16 - Internal vacuum and wash area (facing west)

Figure 17 - enclosed vacuum area and wash bay (facing south)



Figure 18 - View facing east towards proposed cafe/reception area

Figure 19 - Proposed cafe/reception area



Figure 20 - Proposed food storage equipment

3.7 Access, Circulation and Parking

Access

Vehicular access to and egress from the site is proposed via Staff Street to minimise traffic impacts to Crown Street, an arterial road. The southern driveway is 6m wide and will be sign posted as an entry driveway. The northern driveway is 9m wide and will be sign posted as an exit driveway. The northern (exit) driveway from the site to Staff Street is located 5.4 metres from Crown Street/Staff Street intersection whilst the southern exit is located approximately 26.4 metres from the intersection.

Internal Circulation

It is proposed that the car wash will operate with a simple one-way traffic flow arrangement. Vehicles will enter the facility via the existing access driveway located on Staff Street and proceed through the vacuum area, the washing areas and the drying areas before collection by the owner. All vehicles will exit via the existing southern driveway located on Staff Street and generous areas will be available for vehicle manoeuvring within the property. Up to 14 vehicles will be able to be accommodated within the car wash facility in various phases on the cleaning an

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