Previous Report from the Council Meeting on 28 July 2008 regarding the Rescission Motion for the Development Application at 132 Blaxcell Street, Granville

Item 7.1 - Attachment 1

Previous Report from the Council Meeting on 28 July 2008 regarding the Rescission Motion for the Development Application at 132 Blaxcell Street, Granville

DOMESTIC APPLICATION

ITEM NUMBER 11.1

SUBJECT 132 Blaxcell Street, Granville. (Lot 2 Sec 3 DP 1788) (Woodville Ward)

DESCRIPTION Further Report - Alterations and additions to the front of the existing dwelling for the purposes of a local shop.

REFERENCE DA/306/2007 - Submitted 24 April 2007

APPLICANT/S Mr E Sassine

OWNERS Mr E Sassine and Mrs A Sassine

REPORT OF Development Assessment Officer

PURPOSE:

To provide Councillors with a response to the resolution of Council at its meeting on 10 December 2007, and determine Development Application No. 306/2007, which seeks approval for alterations and additions to the front of the existing dwelling for the purpose of a local shop.

RECOMMENDATION

(a) That Council grant consent to Development Application No. 306/2007, subject to standard conditions and the following extraordinary conditions:

1. The development is to be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Drawing No	Dated
Site, Elevation and Section Plan, Prepared by C.B of Baini Design, Numbered 07042/01B, Revision B	September 2007
Floor and Fitout Plan, Prepared by C.B of Baini Design, Numbered 07042/02B, Revision B	September 2007
Elevations Plan, Prepared by C.B of Baini Design, Numbered 07042/03B, as amended in red	April 2007

Document(s)	Dated
Waste Management Plan for 132 Blaxcell Street, Granville, as amended in red	Undated
Schedule of finishes for 132 Blaxcell Street, Granville	Undated
List of items to be sold	Undated

Note: In the event of any inconsistency between the architectural plan(s) and the landscape plan(s) and/or storm water disposal plan(s) the architectural plan(s) shall prevail to the extent of the inconsistency.

Reason: To ensure the work is carried out in accordance with the approved plans.

2. A standard rubbish bin (with a minimum 120 litre capacity) is to be provided to the front of the premises underneath the proposed awning for general waste from customers. The bin is to be provided at all times while the shop is operating and is to be removed and stored out of view at the end of daily operations.

Reason: To ensure the work is carried out in accordance with the approved plans.

3. All food items sold from the premises are to be pre-packaged. No food preparation activities are to occur from the premises.

Reason: To ensure compliance with the consent.

4. Access for people with disabilities from the public domain and all car parking areas on site to and within the building is to be provided. Consideration must be given to the means of dignified and equitable access from public places to adjacent buildings, to other areas within the building and to footpath and roads. Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be prepared in consideration of, and construction completed to achieve compliance with the Building Code of Australia Part D3 “Access for People with Disabilities”, provisions of the Disability Discrimination Act 1995, and the relevant provisions of AS1428.1 (2001) and AS1428.4.

Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards.

5. The gradient for all disabled access ramps shall not exceed a maximum of 1 (vertical) in 14 (horizontal) as per the requirements of Australian Standard AS1428.1 (2001) – Design for Access and Mobility – General Requirements for Access – New Building Work. The final design of the proposed disabled access ramps shall be reflected on the Construction Certificate plans.

Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation.

6. Signs incorporating the international symbol of access for disabled persons must be provided to identify each accessible entrance. This requirement shall be reflected on the Construction Certificate plans and supporting documentation.

Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation.

(b) Further that, objectors be advised of Council’s decision.

BACKGROUND

1. At the regulatory Council meeting of 10 December 2007, Council considered a report which recommended approval for alterations and additions to the front of the existing dwelling for the purpose of a local shop. At the meeting the following was resolved;

1.1. That consideration of the development application be deferred and a traffic count be taken at the intersection of Membrey and Blaxcell Streets and at the intersection of Blaxcell and Farnell Streets and in Blaxcell Street, Granville.

1.2. That Council be provided with a report which addresses the sight lines from the subject premises and also from the egress and ingress points of Farnell and Membrey Streets.

1.3. Further, that the Development Control Unit reassess the development application in light of the report and the information that is brought forward.

APPLICANTS RESPONSE TO THE COUNCIL RESOLUTION

2. The applicant was advised of the resolution of Council on 20 December 2007 and was accordingly requested to provide a traffic study.

3. The applicant was contacted by telephone on 2 April 2008 as no information had been lodged to Council regarding the traffic study requested. During the telephone conversation, the applicant advised that they are not willing to provide Council with the information requested and furthermore that they no longer wish to proceed with the application.

4. The applicant was requested to confirm their intentions to no longer proceed with the application in writing. The applicant advised that they would not provide Council with written confirmation as they had made their intentions clear during the telephone conversation and considered that to be a sufficient request to withdraw the application.

5. As the applicant has not formally withdrawn their application, this report is being returned to Council for determination.

ISSUES

Traffic

6. The application was referred for a 2nd time to Council’s Traffic and Transport Investigations Engineer for additional comment. Comments from Council’s Traffic and Transport Investigations Engineer include:

6.1. The proposed development has a gross floor area of 46sqm and its traffic generation is considered to be low with a parking demand of 2 spaces based on Council's DCP (refer to previous traffic comment dated 14 August 2007 - D0069717).

6.2. A traffic study is not warranted for this proposal as the scale of development is small and the proposal is not expected to have a significant traffic impact on Blaxcell Street and the surrounding road network.

6.3. As per Item (a) of the Council's resolution on 10 December 2007, the traffic count that was required to be taken at the intersection of Membrey and Blaxcell Streets and at the intersection of Blaxcell and Farnell Streets and in Blaxcell Street, Granville is not required for the purpose of this proposed development. For a proposed retail development, traffic counts and traffic study are required for the assessment of traffic impact if it is within a scale of 500sqm or more according to RTA Guidelines for Traffic Generating Development and that would need referral to the RTA or its Regional Development Committee for consideration.

6.4. A check of the RTA recorded accidents during the last 5 years indicate that there have been a total of 4 accidents (no injury accidents) at Blaxcell Street & Membrey Street intersection (1 accident), and Blaxcell Street & Farnell Street intersection (3 accidents) during the last 5 years from January 2002 to December 2006. Based on the number of accident data, provision of any intersection improvement on either of these intersections is not warranted according to RTA requirements.

6.5. This section of Blaxcell Street has a road width of approximately 11.5m wide with bicycle/parking lane (approx 2.3m wide) and painted median island (approx 2m). The traffic lane width is approx 2.8m. Parking in this section of Blaxcell Street is unrestricted.

6.6. Analysis of the sight lines from the subject premises and also from the egress and ingress points of Farnell and Membrey Streets are as follows:

6.6.1. Sight lines from the subject premises into Blaxcell Street - if a vehicle is parked on the parking lane near the development site, a driver wishing to leave from the premises would have a limited sight distance unless the front of car is right on the edge of the parking lane. Otherwise, the sight distance is approximately 100m and is in accordance with the Austroads Guide to Traffic Engineering Practice, Part 5 - Intersections at Grade.

6.6.2. Sight lines from Farnell Street into Blaxcell Street in both directions are approx 100m to the north and 120m to the south of the intersection of Farnell Street & Blaxcell Street and are in accordance with the Austroads Guide to Traffic Engineering Practice, Part 5 - Intersections at Grade.

6.6.3. Sight lines from Membrey Street into Blaxcell Street - due to the existing shrubs and tree on the north-eastern corner, the sight distance from Membrey Street turning into Blaxcell Street is approximately 35m and is considered to be less than the required minimum sight distance according to the Austroads Guide to Traffic Engineering Practice, Part 5 - Intersections at Grade. If a vehicle is within the alignment of the parking lane when turning at the intersection, the sight distance would be approximately 70m from the intersection. However, the sight distance at the intersection can be improved by removing the existing shrubs and pruning the branches of the tree on the footpath through Council's Tree Management Officer. In addition, it is considered appropriate to install a 'No Stopping' zone on Blaxcell Street to a distance of approximately 20m to the north of Membrey Street, subject to the approval of Council's Traffic Committee under Delegated Authority.

6.6.4. Sight lines from Membrey Street into Blaxcell Street - the sight distance at the intersection looking to the south-eastern corner is approximately 100m and is in accordance with the Austroads Guide to Traffic Engineering Practice, Part 5 - Intersections at Grade. However, it is also considered appropriate to install 'No Stopping' zone on Blaxcell Street to a distance of approximately 15m-20m to the south of Membrey Street, subject to the approval of Council's Traffic Committee under Delegated Authority.

6.7. Based on the analysis and assessment of the Council's resolution on 10 December 2007 as mentioned above, it is considered that this proposed development is not expected to have a significant traffic impact on Blaxcell Street and is supported on traffic and parking grounds. Also, in order to improve the sight distance of driver's vision when turning at the intersection of Blaxcell Street & Membrey Street, the installation of the 'No Stopping' zone on Blaxcell Street on either side of the intersection of Membrey Street and the removal and pruning of the shrubs and branches of the existing tree on the north-eastern corner of the intersection are considered appropriate. The installation of the 'No Stopping' zones in Blaxcell Street on either side of Membrey Street will be referred to Council's Traffic Committee under Delegated Authority. Council's Tree Management Officer should also be requested to remove the shrubs and prune the branches of the tree to improve sight distance when turning at the intersection.

7. The recommendation from Council’s Traffic and Transport Investigations Engineer is that the proposed development for a local shop at 132 Blaxcell Street, Granville can be supported on traffic and parking grounds subject to the traffic related conditions as specified in the traffic comments dated 14 August 2008.

8. Part (c) of Council’s resolution from the regulatory Council meeting of 10 December 2007 states;

(c) Further, that the Development Control Unit reassess the development application in light of the report and the information that is brought forward.

9. In light of the latest comments received from Council’s Traffic and Transport Investigations Engineer and a further assessment of the application, the previous recommendation that the application should be approved subject to standard and extraordinary conditions remains unchanged.

Ali Hammoud

Development Assessment Officer

Attachments:

1	Previous Report DSU 239/2007 to Council 10/12/2007 including all attachments	16 Pages
2	Previous Traffic Comments for DA/306/2007 at 132 Blaxcell Street, Granville	2 Pages

REFERENCE MATERIAL