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MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 PROVISION OFFICER COMMENT COMPLIES / N/A 8. No more than two (2) customer vehicle at any given time - No more than one (1) clients proposed at any one (1) time – recommend as a condition of approval. DOES NOT COMPLY 9. No more than eight (8) customer’s vehicles on any given day – The applicant has advised that up to five (5) clients will be seen on any given day proposed – recommended as a condition of approval that a maximum of eight (8) be permitted as per the Policy. 10. Customers by appointment only Customers proposed to be by appointment only - recommended as a condition of approval. 11. No customers outside the hours 8.30am to 5.30pm Monday to Saturday, or on public holidays Hours of operation proposed to be one (1) shift per day, either in the morning (8:30am – 12.00pm) or afternoon (3.00pm – 6.00pm), Monday – Friday. The additional half-hour operating period until 6.00pm is not expected to detract from the amenity of the locality, particularly as West Coast Drive carries a high volume of traffic during this after-work period. Consultation/Communication Implications The application was advertised for a period of 21 days, in accordance with the City’s ‘Planning Consultation Procedure’ Policy. At the conclusion of the advertising period, two (2) submissions were received and are summarised in the table below:- Submission Number 1 Submission Details We strongly object to the proposed development. Business activities within a residential area should not be supported as this is likely to disturb the peacefulness of the locality. Officer's Comment The proposed Home Business is consistent with the objectives of the Residential zone, as the proposed use is considered both compatible with and complementary to the existing residential development in the locality. 242
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Submission Number Submission Details Officer's Comment If the activities of the proposed home business result in a nuisance being caused in the locality, or if the home business operates in a manner other than that with which it was approved, the City may rescind the approval pursuant to Clause 8.3.2 of LPS3. The proposed development has been categorised correctly as a Home Business, in accordance with the land use definitions provided in the City’s Local Planning Scheme No.3. 2 The proposed use has been categorised incorrectly and should be considered a Consulting Rooms, which is an “X” use within a Residential zone. The proposed land use is incompatible with the subject locality, which is entirely Residential (apart from Yelo and Soda cafes). The incompatibility would be evident due to the erection of advertising signage on the site, increased traffic volumes, and damage to the City’s road reserves as clients would use the verge for manoeuvring. There are already 6 established chiropractic centres within the surrounding area (Karrinyup, North Beach and Beach Road) – there is clearly no need for additional chiropractic services in the area. Approval of this proposal would result in additional traffic movements along West Coast Drive. As this road already carries a high volume of traffic, it is inappropriate for the approval of a development which would result in additional vehicle trips. The site does not have an adequate manoeuvring area to enable vehicles to enter the street in forward gear. Approval of this application would act as a precedent for other inappropriate land uses. Commercial viability and business competition are not valid planning considerations. If the activities of the proposed home business results in a nuisance being caused in the locality, or if the home business operates in a manner other than that with which it was approved, the City may rescind the approval pursuant to Clause 8.3.2 of LPS3. The proposed signage, parking, and number of clients are all in accordance with the requirements of the City’s Local Planning Policy 2.4. Under the Local Planning Policy 2.4. a home business is permitted to attract up to eight (8) customers a day. The proposed businesses will attract a maximum of five (5) customers per day and therefore complies with the provisions of the Policy. The additional traffic as a result of the proposal is unlikely to be any more evident than visitors to a residential dwelling. Additionally, in considering the subject site is located on West Coast Drive, any additional vehicles to the site are unlikely to have an adverse impact upon the amenity of this locality due to the high volume of traffic which West Coast Drive already carries. It is proposed that any customer’s vehicles visiting the site will park on the applicant’s property and not on the verge or within the street. The existing parking on the site has been constructed in accordance with the historical approvals, therefore notwithstanding the current requirement of the R-Codes to provide a manoeuvring area for vehicles entering a District Distributor Road in forward gear, this is not something which can be retrospectively enforced. 243
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