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MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Submission Number Submission Details Officer's Comment As previously stated, LPS3 contains provisions by which residents are able to lawfully operate a home business with the approval of the City. The application has been assessed against the City's LPS3 and Local Planning Policy 2.4. Two (2) Submissions Received – Relative Location Submissions Received Within 100m of proposed site Remainder of City All Submissions SUPPORT 0% 0% 0% OBJECT 100% 0% 100% OTHER (Not stated/ no opinion/ 'conditional') 0% 0% 0% Applicant’s Justification The applicant has provided the following response to the four principle reasons for the objections having been made:- 1. Businesses should not be located in residential areas as it will disturb our enjoyment of these areas. "This point is mute, as several businesses have been approved in residential areas. For example, four houses south of 323 West coast Drive, Yello Café has been approved with an exuberant amount of traffic and only 6 designated car parks. Dr. Lisa De Kauwe is another Chiropractor working from home in Karrinyup, who’s home business has been approved by the council. The enjoyment of the residential area will not be disturbed as the business is fully contained inside the house, with no aesthetic change to the property and no extra traffic." 2. There are already 6 established chiropractic care businesses within Karrinyup, North Beach and Beach Road, all in close proximity to the site and all is non-residential zones. There is therefore no demonstrated need for an additional chiropractic practice and this application is an attempt to circumvent the fact that consulting rooms are not permitted in a residential zone. "This information is incorrect. Being in the chiropractic profession, which is a small community I am well aware that there are currently only three chiropractors all practicing in the same commercial building (Karrinyup Wellness centre). The chiropractors mentioned working in North Beach are now practicing in Wanneroo. Essentially there is only a choice of attending Karrinyup wellness centre or Dr. Lisa De Kauwe (home business) to all residence of Trigg, Karrinyup and north beach. This information above can be easily confirmed." 244
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 3. The use is incompatible with the residential zone and would have a detrimental impact of the amenity of the area due to additional signage and additional traffic. "Prior to renting this property there were 5 male tenants living at 323 West Coast Drive, each with a car. None of these tenants had full time jobs and thus there was much more traffic from just the tenants coming and going than would ever be with our proposed business. If anything the neighbours would notice less traffic than there was 3 months prior. My partner is also working full time and thus only my car would be in the garage, leaving the other bay free for our one client per hour. There would never be patient cross over at the same time thus no additional traffic." 4. It is not appropriate to allow a home business on West Coast Drive which results in additional vehicles reversing onto this busy road, as well as causing damage to the road reserve due to manouevring. "Like mentioned above, this business would not lead to any more traffic than a residential property. The amount of traffic reversing onto west coast drive would not be more than any other residential traffic. For example there are houses on west coast drive with multiple tenants and cars, with friends and family visiting. Thus. An additional few cars a day coming from a property with only 1 full time tenant will not make an impact on the traffic or road reserves." Comment The application has been assessed in accordance with the City’s Home Office, Home Occupation and Home Business Policy and is considered to generally comply with the provisions of the Policy. The proposed home business is considered to facilitate the objectives of the Residential zone in that it will “provide for a range of non-residential uses, which are compatible with and complementary to residential development.” The main theme of the neighbours comments received is the potential for the proposed home business to have an adverse impact upon the residential amenity of the locality, by way of additional noise and traffic. As previously stated the proposed home business meets the parking requirements of the policy, and with the appropriate conditions applied all customer vehicles will be parked within the applicant’s property. As a District Distributor road, West Coast Drive carries a high volume of vehicles, so the additional vehicles attracted to the locality as a result of the proposed development is not expected to be evident. Given the nature of the home business (being chiropractic services provided by a medical professional on a part time basis only) and the fact that customer’s vehicles will not be parked on the verge or the street, the proposal is not considered to have the potential to detract from the amenity of the locality. Policy and Legislative Implications Should the Council refuse the application for development approval, the applicant may have the right to have the decision reviewed in accordance with Part 14 of the Planning and Development Act 2005. 245
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