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MINUTES OF THE ORDINARY MEETING OF COUNCIL 21 AUGUST 2012 Element Satisfies Scheme/ Policy OR Variation Required Comment The City’s Industrial Design Guidelines do not permit fencing within the front setback area. The application proposes a front fence and gates within the front setback area. 9 Other Consideration This is not a consideration as the City is to reconsider the front fence only. Consultation/Communication Implications The proposal was not required to be advertised as part of the assessment. Applicant's Justification See report attached. Comment The SAT’s orders that the City should reconsider it’s decision in respect of the fencing reason for refusal are noted. However, as stated previously, the City is of the view that the SAT’s order is incorrect, and that it cannot be ordered to consider the fencing reason for refusal in isolation. Consequently, in the comments section below, the City’s officers have addressed the proposed development as a whole so that it is clear what aspects of the proposed development comply with the Local Planning Scheme and any relevant local planning policies, and which do not. Office Ratio Office is a discretionary use in the “Industry” zone under the City’s LPS3. The City’s Industrial Design Guidelines provide more specific direction in relation to considering office uses in the “Industry” zone. The guidelines provide the following in relation to office uses in the Industry zone:- "Offices shall only be incidental to the predominant use of each tenancy (i.e. no greater than 30% of the gross floor area of each tenancy). This will enable industrial premises to provide on site and ‘in house’ services such as reception / customer service, payroll, drafting and a venue for meeting business customers, while safeguarding the predominant industrial character of these areas." Office uses (unless 30% or less of the gross floor area of a tenancy) are not permitted as a right in the Industry zone, however the City has discretion to approve such proposals. Stand alone office developments and developments where the predominant use is office however, are not desirable or appropriate in the industry zone. 28
MINUTES OF THE ORDINARY MEETING OF COUNCIL 21 AUGUST 2012 Offices are classified as a discretionary use under LPS3 as the City recognises the need for industrial uses such as factories and warehouses to provide an incidental office component to facilitate the administrative side of the business. If office were to be made an “X” or nonpermitted use in the industry zone industrial businesses could not provide an office component to facilitate the administrative side of their business, therefore hindering and restricting the operation of industrial businesses. It is for this reason that office is a discretionary use in the industry zone. The City’s Industrial Design Guidelines are very specific in that office shall only be incidental to the predominant use of each tenancy, being 30% of the gross floor area. The Guidelines go so far as to explain the reason why 30% of the gross floor area of a development in an industrial area is permitted as a right. The 30% office ratio is permitted in order to “enable industrial premises to provide on site and ‘in house’ services such as reception / customer service, payroll, drafting and a venue for meeting business customers, while safeguarding the predominant industrial character of these areas.” The fact that the office use is discretionary under LPS3 can not be considered separately to the provisions of the Industrial Design Guidelines which clearly defines the intent of classifying office as a discretionary use in the industry zone. The Industrial Design Guidelines identify the need to “safeguard the predominantly industrial character of these areas.” In considering the subject proposal it is considered that approval of the subject application, and indeed others like it, does not safeguard the industrial character of the area but rather facilitates and encourages the proliferation of office uses which are better suited to other locations not only within the City of Stirling but within the Perth metro area. The industry zones within the City of Stirling are few, and should be safeguarded so as to fulfil their intended purpose of providing industrial land for industrial uses. Fencing The City’s Industrial Design Guidelines do not permit fencing in the front setback area. The front setback in the Balcatta Precinct is 18.0m. Fencing behind the 18.0m setback line however, is acceptable. The Guidelines aim to achieve open, attractive streetscapes free of fencing. The restriction on front fencing within the setback area also ensures that parking areas at the front of buildings are not used for the storage of the goods. The applicant contends that the fencing on the front boundary is needed for security. However, it is considered that adequate security can still be maintained through the provision of fencing in accordance with the guidelines i.e. behind the setback line. The key objective for the Balcatta Precinct of the City’s Industry zone is to “allow for larger lots set in landscaped surroundings with greater building setbacks to soften the traditional unsightly appearance of industrial areas”. It is considered that the existing garrison fencing the subject of this application does not facilitate or contribute to an expansive garden industrial precinct which the guidelines are trying to achieve in the Balcatta area. The fence is considered detrimental to the amenity of the site and subsequently the streetscape. It is considered that the aesthetic appeal of the development and the street would be enhanced as a result of the fence being removed from the subject property. The existence of the fence is associated with and contributes to the “traditional unsightly appearance of industrial areas”, an outcome which the guidelines have explicitly been worded to avoid. 29
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