Proposed Third Party Advertising (Billboard) - Lot 24 (No ...

Ordinary Meeting of Council 16 December 2015

3.14 PROPOSED THIRD PARTY ADVERTISING (BILLBOARD) - LOT 24 (NO.14) GLYDE COURT, MALAGA (DA177-15)

Ward: (Ballajura Ward) (Statutory Planning)

Disclosure of Interest: Nil.

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The subject lot being Lot 24 (No.14) Glyde Court, Malaga is zoned ‘General Industrial’ under Local Planning Scheme No.17 (LPS17) and is currently operating as a waste sorting facility.

• The application proposes the erection of a billboard for the purpose of third party advertising at the subject lot and does not pertain to a business on the land.

• The billboard has two displays, each measuring 100m2 in area (20m X 5m). The displays are to be mounted 25m above ground level, illuminated by floodlights and orientated so as to be visible to motorists travelling in both directions along Reid Highway.

• At the conclusion of the public consultation period, the City received a total of 11 submissions, including 5 objections and 6 non-objections. The objections covered a number of issues including the proliferation of signage, excessive scale and proportions, detract from existing signage on nearby properties, distraction to drivers and will adversely impact on the character of the locality.

• Main Roads WA has advised that the proposed advertising sign is set back a sufficient distant from Reid Highway so as not to be a major distraction or adversely impact on passing motorists.

• The proposed signage is not integrated with the existing development and in fact is unrelated to it. The absence of a nexus between the signage and the land gives rise to the potential for an arbitrary, uncontrolled proliferation of signage that will detract from the amenities of the locality, inconsistent with the objectives for the General Industrial zone.

It is recommended that Council resolve to refuse the application for Third Party Advertising (Billboard) on Lot 24 (No.14) Glyde Court, Malaga.


AUTHORITY/DISCRETION

Council has discretion in accordance with Clause 10.3 of Local Planning Scheme No.17 (LPS 17) to 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 3 of the State Administrative Tribunal Act 2004 and Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: WA Billboards Owner: Advance Waste Disposal (Directors: Trevor John

Canny and Irene Susan Canny) Zoning: LPS17 - General Industrial MRS - Industrial Strategy/Policy: POL-C-070 Advertising Signs within the Commercial

and Industrial Zones Existing Land Use: General Industry (Waste Sorting Facility) Lot Area: 1,012m2

Use Class: Third Party Advertising – Use not Listed under LPS17

DETAILS OF THE PROPOSAL

The application proposes the erection of a billboard for the purpose of third party advertising at the subject lot and does not pertain to a business on the land.

The billboard has two displays, each measuring 100m2 in area (20m X 5m). The displays are to be mounted 25m above ground level, illuminated by floodlights and orientated so as to be visible to motorists travelling in both directions along Reid Highway.

The billboard displays are to be orientated so as to be visible to motorists travelling in both directions along Reid Highway, between the Tonkin Highway and Malaga Drive signalled intersections.

DESCRIPTION OF SITE

The subject lot being Lot 24 (No.14) Glyde Court, Malaga is zoned ‘General Industrial’ under Local Planning Scheme No.17 (LPS17). It is located on the northern side of Glyde Court, Malaga with an area of 1,012m2 and is currently operating as a waste sorting facility.

Lot 24 is located approximately 38 metres north of the Reid Highway road reservation and 65 metres from the eastbound carriageway.

A local drainage reserve abuts the site to the east. The remainder of properties approximately a 1km to the east, north and west are zoned ‘General Industrial’ under LPS17. The Lightning Swamp Bushland Regional Reserve is situated on the southern side of Reid Highway, opposite to the subject site.


SITE HISTORY/PREVIOUS APPROVALS

25/01/2012 DA665-2011 Waste Storing Facility (General Industry) approved

PUBLIC CONSULTATION

Notice of the application was provided in accordance with clause 9.4 of LPS17 which included letters sent to landowners within 200m of the site, a notice in the local newspaper and a sign on site.

The City received a total of 11 submissions, including 5 objections and 6 non-objections. Key concerns raised during the advertising period included:

• The billboard will detract from existing signage on nearby properties;

• The billboard will set a precedence and result in a proliferation of signage in the locality;

• The billboard presents a safety issue and will distract drivers;

• The size of the billboard is excessive; and

• The billboard will have a negative visual impact on the locality.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Main Roads WA

Main Roads Western Australia (MRWA) has no objection to the proposal subject to conditions relating to the sign's illumination and the content of the advertisements displayed. Where relevant, Main Roads comments are to be reflected in the recommended conditions.

DETAILS

Preservation of character and visual amenity in the locality

One of the objectives of the General Industrial zone is to:

c) ensure any on-site advertising is integrated with the overall site development and does not detract from the amenities of the road frontages or adjacent development;

This is also consistent with the intent of POL-C-070 Advertising Signs within the Commercial and Industrial Zones so as to ensure that advertising signs contribute towards the development of well signed commercial and industrial precincts through the effective control of signage.

Several submitters contend that the billboard will have a negative impact on the amenity of the locality due to its size and scale and reduce the effectiveness of existing signage on nearby properties.


Whilst it is not considered of any relevance if the proposed billboard distracted attention from any other signage, it is considered pertinent as to whether it is desirable from an amenity perspective to facilitate advertising signage unrelated to the land on which it sits. If the nexus between signage and land use is not preserved then an uncontrolled proliferation of signage may occur, inconsistent with the objectives for the 'General Industrial' zone.

Accordingly refusal is recommended.

Visual Distraction

The billboard is sited so as to be visible to motorists travelling in both directions along Reid Highway, between the Tonkin Highway and Malaga Drive signalled intersections. It is proposed to be setback approximately 70m from Reid Highway carriageway.

MRWA has advised that the proposed sign is set back a sufficient distance from Reid Highway so as not to be a major distraction or adversely impact on passing motorists. In the absence of any technical information to suggest otherwise, City staff accept MRWA’s conclusion.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to:

1) Approve the proposed ‘Third Party Signage (Billboard)’ on Lot 24 (No.14) Glyde Court, Malaga , subject to the following conditions:

1. This approval is for “Third Party Advertising (Billboard)” as illustrated on the approved plan.

2. The sign is to be maintained to a high standard, to the satisfaction of the City of Swan.

3. The sign and supporting structure (including footings) shall not overhang or encroach upon adjoining lots or the road reserve.

4. Illumination shall not exceed 300cd/m2.

5. The sign shall not flash, pulsate or chase.

6. The sign and supporting structure shall not contain reflective, fluorescent or retro reflective colours or materials.

7. 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.

Implications: The applicant will be able to proceed with the development.

This is not the recommended option.


Option 2: Council may resolve to refuse to grant approval to the proposed ‘Third Party Advertising (Billboard)’ on Lot 24 (No.14) Glyde Court, Malaga on the basis that the proposal does not meet the objectives of the 'General Industrial' zone as defined in Local Planning Scheme No.17, by virtue of the development's lack of integration with the overall site development and resultant negative impact on the amenity of road frontages and adjacent development.

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

This is the recommended option.

CONCLUSION

The subject lot being Lot 24 (No.14) Glyde Court, Malaga is zoned ‘General Industrial’ under Local Planning Scheme No.17 (LPS17) and is currently operating as a waste sorting facility.

The application proposes the erection of a billboard for the purpose of third party advertising at the subject lot and does not pertain to a business on the land.

The billboard has two displays, each measuring 100m2 in area (20m X 5m). The displays are to be mounted 25m above ground level, illuminated by floodlights and orientated so as to be visible to motorists travelling in both directions along Reid Highway.

At the conclusion of the public consultation period, the City received a total of 11 submissions, including 5 objections and 6 non-objections. The objections covered a number of issues including the proliferation of signage, excessive scale and proportions, detract from existing signage on nearby properties, distraction to drivers and will adversely impact on the character of the locality.

MRWA has advised that the proposed advertising sign is set back a sufficient distant from Reid Highway so as not to be a major distraction or adversely impact on passing motorists.

The proposed signage is not integrated with the existing development and in fact is unrelated to it. The absence of a nexus between the signage and the land gives rise to the potential for an arbitrary, uncontrolled proliferation of signage that will detract from the amenities of the locality, inconsistent with the objectives for the General Industrial zone.

ATTACHMENTS

Site and elevation plans

Aerial photograph

Photographs of the site and surrounds


STRATEGIC IMPLICATIONS

Nil.

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Main Roads (Control of Advertisements) Regulations 1996

City of Swan Local Planning Scheme 17

POL-C-070 Advertising Signs within the Commercial and Industrial Zones

FINANCIAL IMPLICATIONS

Nil.

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Refuse the proposed Third Party Advertising (Billboard) on Lot 24 (No.14) Glyde Court, Malaga for the following reason:

1. The proposed advertising sign is unrelated to any business or activity occurring on the land and accordingly is not considered to meet the objective of the 'General Industrial' zone which requires that "on-site advertising is integrated with the overall site development and does not detract from the amenities of the road frontages or adjacent development".

2) Advise the applicant/owner and those who lodged a submission of the resolution of Council.

CARRIED

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