Attachment 1 V2

Executive Summary

This report has been prepared by MGA Town Planners on behalf of Realcom Pty Ltd to support a development application for a ‘Service Station’ to be established at Lots 6 and 7, 323 - 325 Great Eastern Highway, Midvale (subject land).

The subject land is located within the suburb of Midvale, approximately 1.1km east of the Midland Strategic Metropolitan Centre (SMC), and is bounded by Great Eastern Highway to the south and Victoria Parade to the east.

The proposal comprises the following buildings and activities:

• A building being 320m² nla (net lettable area) to contain the ‘Service Station’ convenience store component, which will sell convenience goods and motor vehicle accessories. • A covered refuelling area under which four doubled sided (8) refuelling bays and bowsers are to be established. • Underground fuel tanks. • A refuse storage facility (32m²) adjacent to the western side of the service station building. • 10 parking bays immediately south of the service station building, including a universal access bay. • A delivery tanker movement path that is demonstrated to be safe and orderly. • Pylon signage at the front boundary fronting Great Eastern Highway.

The proposed development will result in the following orderly outcomes:

• A design facilitating orderly traffic movement and deliveries, as determined by Transcore in its Traffic Impact Assessment. • A convenience for the benefit of local residents and commuters passing by, involving the sale of petroleum products and other goods meeting daily / sporadic household needs. • The provision of local employment opportunities, particularly suited to those requiring flexible and varied hours of work. • Noise impacts are able to be limited to acceptable levels as demonstrated through investigations by Lloyd George Acoustics. • Vapour control infrastructure will be implemented, to mitigate impacts on adjoining residents. • A stormwater pollution control system will be implemented providing stormwater treatment and hydrocarbon capture (Puraceptor system or similar).

A compliance and merit assessment of the proposal is included in this report. The proposal involves minor variations to the established planning framework.

It is respectfully requested that the Development Assessment Panel, on counsel from the Shire, gives favourable consideration and grants consent to the proposal.

Table of Contents

Executive Summary ...... 2 1.0 Introduction ...... 4 2.0 Subject Land ...... 5 3.0 Site Context ...... 6 4.0 Development Proposal...... 9 4.1 Preamble ...... 9 4.2 Development Overview ...... 9 5.0 Planning Framework and Development Assessment ...... 11 5.1 Preamble ...... 11 5.2 State Strategic and Statutory Planning Framework ...... 11 5.3 Local Strategic and Statutory Planning Framework ...... 14 6.0 Planning Issues ...... 22 6.1 Land Use ...... 22 6.2 Adjoining Property Owner (North) ...... 22 6.3 Transport and Parking Statement ...... 23 6.4 Environmental Noise Assessment ...... 25 6.5 Drainage and Pollution Control ...... 26 6.6 Variations to LPS4 Standards ...... 26 7.0 Conclusion ...... 27

Appendix 1 – Certificate of Title Appendix 2 – Site Plans, Floor Plans, Elevations Appendix 3 – Transport Impact Assessment Appendix 4 – Environmental Noise Assessment Appendix 5 – Drainage and Servicing Reports

Figure 1 – Subject Land (Existing) Figure 2 – Context Plan Figure 3 – Site Plan (Proposed Development) Figure 4 – MRS Zoning Figure 5 – LPS Zoning Figures 6a-6d – Existing/Proposed Signage Figure 7 - Swept Path Analysis

1.0 Introduction

This development application has been prepared by MGA Town Planners on behalf of Realcom Pty Ltd to support a development application for a ‘Service Station’ to be established at Lots 6 and 7, 323 - 325 Great Eastern Highway, Midvale (subject land).

The proposal comprises the following buildings and uses:

• A building being 320m² nla (net lettable area) to contain the ‘Service Station’ convenience store, which will also sell convenience goods and motor vehicle accessories. • A covered refuelling area under which four doubled sided (8) refuelling bays are to be established. • Underground fuel tanks. • A refuse storage facility (32m²) adjacent to the western side of the service station building. • 10 parking bays immediately south of the service station building, including a universal access bay. • A delivery tanker movement path that is demonstrated to be safe and orderly. • Pylon signage at the front boundary fronting Great Eastern Highway. • Vapour control infrastructure will be implemented, to mitigate impacts on adjoining residents. • A stormwater pollution control system will be implemented providing stormwater treatment and hydrocarbon capture (Puraceptor system or similar).

Justification for the proposal is provided in terms of its design and planning merit through an assessment against State and local strategic and statutory policy.

Project Team

This development proposal has been prepared by the following project team:

• Hindley and Associates – Architecture. • MGA Town Planners – Planning. • Transcore – Transport Impact Assessment. • Lloyd George – Environmental Noise Assessment. • Development Engineering Consultants – Drainage Design.

2.0 Subject Land

The subject land may be described as follows:

• Lot 6, 325 Great Eastern Highway, Midvale, on Certificate of Title 1882 Volume 39. • Lot 7, 323 Great Eastern Highway, Midvale, on Certificate of Title 1882 Volume 37.

Lot 6 is owned by Longbench Pty Ltd, and Lot 7 is owned by Raymond Kevill, Bradley Kevill, Mark Kevill and Scott Kevill.

The subject land contains a showroom building that is to be demolished to make way for the proposed development. Figure 1 provides an aerial view of the subject land and the existing building to be removed.

Refer to Appendix 1 – Certificate(s) of Title

Figure 1 – Aerial view of subject land (existing)

3.0 Site Context

Figure 1 above shows the subject land located on Great Eastern Highway, at the corner of Victoria Parade. The subject land is within the suburb of Midvale, less than 1.2km east of the Midland CBD.

Great Eastern Highway is a Primary Regional Road, being the main route utilised by residents in the locality to travel to and from employment centres to the west, such as the Midland CBD and Perth CBD.

The subject land is surrounded by the suburbs of Midland to the north and west, Midvale to the north and east, and Bellevue to the south. The majority of land use within 2km to the north and north – west in the suburbs of Midland and Midvale is residential, and immediately to the south there is existing commercial development fronting each side of Great Eastern Highway.

To the west of Roe Highway, land use is predominantly commercial to the south of Great Eastern Highway on land zoned ‘General Commercial’ and ‘Industrial’ in Bellevue. To the east of Roe Highway and, this transitions to residential development south of Great Eastern Highway.

Figure 2 – Context Plan

Opportunities and Constraints

Opportunities and constraints relevant to the proposal include the following:

Opportunities

• To the north and west, there are no service stations within 2km from the subject land.

• Currently, residents to the north of the subject land must travel east across Roe Highway to access service stations contained in the Midvale industrial area, or otherwise travel south across Great Eastern Highway to access a service station in the suburb of Bellevue, at the corner of Ferguson Street.

• The established local resident population to the north in the suburbs of Midland and Midvale will benefit from improved and more convenient access to petroleum and daily household convenience needs, particularly by bicycle or on foot.

• The proposal will result in an improved competitive environment for petroleum products, being of benefit to local residents and commuters resorting to Great Eastern Highway.

• The proposal will add to the level of local employment opportunities.

Constraints

• Residential development exists in proximity to the subject land, and immediately to the north. Noise impacts were investigated to ensure an acceptable level of amenity is able to be maintained, and the style of development at the northern boundary was also considered in light of comments from the adjoining landowner.

• The subject land is located on Great Eastern Highway, being a Primary Regional Road featuring high traffic volumes. In addition, the subject land is located at the corner of Victoria Parade, which carries commuters and residents to and from Great Eastern Highway. It was therefore necessary to analyse the operation of this intersection closely, in addition to the impact of proposed crossovers.

• Emissions were identified as a potential impact due to the proximity of residents.

4.0 Development Proposal

4.1 Preamble

This section provides an overview of the proposed development, to be read in conjunction with the material included in the appendices to this report, including site plans, elevations, floor plans, an environmental noise assessment, transport impact assessment and servicing report.

Refer Appendix 2 – Site Plans, Floor Plans and Elevations

4.2 Development Overview

The proposal comprises the following buildings and activities:

• A building being 320m² nla to contain the ‘Service Station’ convenience store, which will also sell convenience goods and motor vehicle accessories. • A covered refuelling area under which four doubled sided (8) refuelling bays are to be established. • Underground fuel tanks. • A refuse storage facility (32m²) adjacent to the western side of the service station building. • 10 parking bays immediately south of the service station building, including a universal access bay. • A delivery tanker movement path that is demonstrated to be safe and orderly. • Pylon signage at the front boundary fronting Great Eastern Highway. • Vapour control infrastructure will be implemented, to mitigate impacts on adjoining residents. • A stormwater pollution control system will be implemented providing stormwater treatment and hydrocarbon capture (Puraceptor system or similar).

Refer Appendix 2 – Site Plans, Floor Plans and Elevation

The proposed use would involve up to a maximum of 2 staff being on site at any one time.

It is also intended that the use would operate 24/7. To demonstrate the orderliness of the operation, an environmental noise assessment has been prepared to determine those measures necessary to ensure it satisfies applicable Environmental Protection Authority policy.

Figure 3 – Excerpt from site plan (Appendix 2)

5.0 Planning Framework and Development Assessment

5.1 Preamble

The following provides an analysis of the proposal with reference to the State and local planning framework.

5.2 State Strategic and Statutory Planning Framework

5.2.1 Metropolitan Region Scheme

The subject land is zoned ‘Urban’ under the provisions of the Metropolitan Region Scheme (MRS). This zoning identifies the land for a variety of urban purposes, including commercial and residential development. The proposed use and development is appropriate based on the zoning of the land under the MRS.

Figure 4 – MRS Zoning

5.2.2 Perth and Peel @ 2050

Key objectives of the Perth and Peel @ 2050 strategy of relevance to the land and development include the following, taken from section 6.7 of the strategy.

• All people should be able to meet their education, employment, recreation, service and consumer needs within a reasonable distance of their home. • Maximise the use of and add value to existing infrastructure, including transport, community/social and services, where there is a concentration of urban and employment opportunities. • Encouraging the population to live and work within the same sub-region. • Creating employment opportunities that utilise local labour-force skills to increase employment self-sufficiency by attracting businesses that match the populations that live in the various sub-regions.

5.2.3 Activity Centres Policy for Perth and Peel (SPP4.2)

Statement of Planning Policy - Activity Centres Policy for Perth and Peel (SPP 4.2) identifies the following objectives of relevance:

• Plan activity centres to support a wide range of retail and commercial premises and promote a competitive retail and commercial market. • Increase the range of employment in activity centres; and contribute to the achievement of sub-regional employment self - sufficiency targets.

The proposal satisfies the above objectives of SPP4.2 and the Perth and Peel @ 2050 strategy.

• The proposal will facilitate more equitable and efficient access to daily/weekly retail needs and employment opportunities for the benefit of surrounding residents. • The development will improve the level of accessibility and choice for local residents and commuters resorting to Great Eastern Highway, particularly those travelling east. • The development will aid in achieving employment targets identified for the sub – region. • The proposal will ensure the subject land will be utilised productively, and also introduce some diversity to the type of commercial activity in the immediate locality.

SPP4.2 imposes constraints on retail floor space classified as PLUC 5 – Shop/Retail floorspace (Planning Land Use Code 5), with a requirement that a retail sustainability assessment be prepared under the circumstances set out in Clause 6.5.2 of the policy.

The proposed floor space associated with the service station store is classified as ‘PLUC 6’ (Other Retail) floorspace, similar to the surrounding showrooms, and is therefore not subject to the floorspace controls in SPP4.2.

5.3 Local Strategic and Statutory Planning Framework

5.3.1 Shire of Mundaring Local Planning Scheme No. 4 (LPS4)

The subject land is zoned ‘Service Commercial’ under the Shire’s Local Planning Scheme No.4 (LPS4). The ‘Service Commercial’ zone has the following objectives guiding land use and development:

(a) To provide for a range of commercial activities which, by reason of the scale or the nature of the business require good visibility and vehicular access and/or larger sites, and are not generally appropriate within the Town Centre or Local Centre zones.

(b) To ensure a high standard of development and to maintain the visual amenity of the area as seen from public roads, particularly important local roads or highways.

Consistent with the objectives for the zone, the proposed ‘Service Station’ is a vehicle - oriented use that requires good visibility and accessibility. The use is better positioned at the periphery of activity centres, away from denser pedestrian – oriented commercial environments. The proposed service station will be co – located with other vehicle – oriented showrooms at each side of Great Eastern Highway requiring similar levels of exposure, accessibility and parking.

The service station building will adjoin the northern boundary of the subject land, positioned further back from Great Eastern Highway (39m) in comparison to the surrounding showroom buildings (~16m). The open – sided canopy will be positioned forward of the building, generally aligning with the front of adjoining showroom buildings. The design of the canopy and building are of a high quality, and the level of separation to be provided from Great Eastern Highway is generous. The development will therefore not impact the level of visual amenity on Great Eastern Highway.

Figure 5 – LPS4 Zoning

Land Use Permissibility

The subject land is zoned ‘Service Commercial’, and associated land use permissibility is described in Table 1 of LPS4.

The proposed use, ‘Service Station’, is identified as a ‘D’ Discretionary use within the ‘Service Commercial’ zone.

5.3.2 Variations to Standards and Requirements under LPS4

The proposal includes variations to the standards and requirements of LPS4.

Clause 5.5 of LPS4 states that:

5.5.1 ‘Except for development in respect of which the Residential Design Codes apply, if a development is the subject of an application for planning approval and does not comply with a standard or requirement prescribed under the Scheme, the Shire may, despite the non-compliance, approve the application unconditionally or subject to such conditions as the Shire thinks fit.’

5.5.3 ‘The power conferred by this clause may only be exercised if the Shire is satisfied that –

(a) approval of the proposed development would be appropriate having regard to the criteria set out in clause 10.2; and

(b) the non-compliance will not have an adverse effect upon the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.

Variations to the planning framework are addressed at the end of this report.

5.3.3 Development Requirements for the Service Commercial Zone

Clause 5.14 of LPS4 contains requirements applicable to development in the ‘Service Commercial’ zone, which are addressed below:

Service Commercial Zone Standards

Table 1 sets out various standards and requirements contained in Clause 5.14 of LPS4 that are applicable to the proposal.

Table 1 - Minimum Development Standards – Convenience Store Land Use Minimum Minimum Minimum Minimum Secondary Plot Ratio Frontage Front Side Rear Street Setback Setback Setback Policy 25m 15m Nil Nil 3m Maximum Standard 50% site coverage Proposed 39.55m Building: 8.3m Nil 6m <50% site Development 39m coverage Canopy: 13m – 18.5m

Building Materials Consistent with LPS4, the proposed building façade facing the primary street will consist predominantly of glazing and small sections of concrete panel. The smaller secondary street façade will consist of painted concrete panels.

Use of Setback Areas The front setback area will be used for customer parking (including parking bays associated with the pumps), pedestrian access and landscaping.

Bin Storage The proposal includes a screened bin storage area immediately west of the service station building, that will be accessible to service vehicles and have an area sufficient to contain waste generated by the proposed use.

Canopy Setback The canopy structure is to be set back between 13.0m – 18.5m from the front boundary adjoining Great Eastern Highway, whereas a minimum 15.0m is required. Being open sided, the setback variation associated with this structure will result in negligible perceptions of excess building bulk. In addition, the lower setback of the western portion, is ameliorated by the greater setback provided for the eastern side of the canopy (18.5m).

5.3.4 Landscaping

Clause 5.7.8 of LPS4 states that a 3m wide strip of landscaping should be provided to all frontages. A detailed landscaping plan listing the location and species type of all plantings is attached at Appendix 2.

A 3m wide strip is provided within the boundary fronting the majority of Great Eastern Highway (primary street). Portion of the landscaping strip adjoining Great Eastern Highway will contain filling points for use by tankers in the adjoining standing area.

A large 6m wide landscaping strip is proposed between the service station building and the eastern boundary.

In addition, a small 1.5m wide landscaping strip is proposed at the eastern boundary (east of the canopy) which will separate the two crossovers. The shortfall in the depth of this smaller landscaped area is well ameliorated by the large 6m wide landscaped area immediately to the north, adjacent to the service station building.

5.3.5 Advertising Signage

The application includes a pylon sign to be established at the south – eastern corner of the subject land at the corner of Great Eastern Highway and Victoria Parade. The sign will be located within the property boundary.

The sign is to be constructed from galvanised steel, holding an LED light box and digital price board, each measuring 4m x 4m. Acrylic signage panels will be applied to both sides, having artwork to be specified by a future tenant. The overall height will be 12.0m. The pylon sign will display business information and petroleum prices, while not blocking important fields of view for motorists or impacting residents to the east through light spill.

Refer Appendix 2 – Site Plans, Floor Plans, Elevations

Clause 5.7.33 of LPS4 contains criteria applicable to any signage not exempt from the need for planning approval, which are listed below.

‘(a) not detract from or erode the visual qualities and character of a particular locality and/or transport corridor; and (b) be associated with the operation or business on the subject site; and (c) not be misleading or dangerous; and (d) be of a size and scale that is proportionate to the realistic needs of local commerce in the locality; and (e) be designed to minimise visual clutter.’

The proposed sign is generally consistent with the form of signage established on surrounding properties in the ‘Service Commercial’ zone, and similar adjoining properties in the Swan LGA area.

Figure 6a below shows the existing pylon sign (foreground) currently located forward of the existing showrooms on the subject land. This sign will be removed and replaced with the proposed pylon sign. Pylon signage is also shown on the property to the south – west of the subject land (Clark Rubber, Taubmans) at the southern side of Great Eastern Highway.

Figure 6a – Existing signage

Figure 6b – Existing signage

Figure 6b shows the style of pylon signage forward of the premises opposite the subject land, at the southern side of Great Eastern Highway.

Figure 6c – Existing signage

Figure 6c shows existing signage associated with the Bunnings, Stihl, Supercheap Auto and Hungry Jacks premises on Great Eastern Highway.

Figure 6d – Indicative depiction of proposed sign

Figure 6d provides an image of the proposed sign superimposed on street imagery. The scale of the proposed pylon sign will resemble existing forms of signage commonly established on Great Eastern Highway.

Only one pylon sign is proposed, and other smaller signs associated with the canopy and building structures are to be subject to a future development application.

6.0 Planning Issues

6.1 Land Use

The proposed convenience store is well located relative to the distribution of other petrol stations and concentration of local residents in Midland and Midvale. The premises will facilitate improved access and consumer choice, including those regularly commuting to and from the Midland CBD or employment centres further west of Midland.

Currently, there is no service station within 2km to the north and west of the subject land, where the majority of residents are located. Residents in Midvale and Midland (north of Morrison Road) must travel east of Roe Highway to the Midvale industrial precinct, or to the suburb of Bellevue at the southern side of Great Eastern Highway to access a service station.

Given the limited crossings over Roe Highway and barrier to movement presented by Great Eastern Highway, the proposed service station will greatly improve access to daily convenience goods and petroleum for residents in Midland and Midvale (west of Roe Highway), without the need to access or cross Primary Regional Roads (Great Eastern Highway and Roe Highway).

6.2 Adjoining Property Owner (North)

The proposal involves the establishment of a boundary wall at the northern boundary. Written comment has been provided by the adjoining property owner (attached to application forms), who advised that in order to provide a sufficient barrier between the subject land and adjoining dwelling, the entire boundary fence should be replaced with concrete panels painted in a colour agreed to by the adjoining occupants, having a height no less than 2.0m.

The elevation plans attached demonstrate that these requests have been satisfied. The arrangement of the development, and proposed walls, will inhibit light spill, and improve visual and acoustic privacy.

6.3 Transport and Parking Statement

The following provides a summary of the Transport Impact Assessment (TIA) prepared by Transcore to inform an assessment of the proposal in relation to vehicle movements.

Refer Appendix 3 – Transport Impact Assessment

6.3.1 Intersection Performance

SIDRA analysis has been undertaken by Transcore to determine intersection performance.

Crossover 1 and 2 on Victoria Parade

The SIDRA results for the crossovers onto Victoria Parade capacity indicate that these full movements crossovers would operate at a very good Level of Service (LoS) A under full traffic load during typical AM and PM peak periods in the 2021 post - development scenario. These crossovers operate with negligible queues and delays.

Intersection of Great Eastern Highway/ Victoria Parade

The SIDRA results for the post - development scenario confirm that traffic generated by the development will not have a material impact on the operation of this intersection which will remain at the current Levels of Service.

The report concludes that the impact of the development on the operation of the above two intersections will be negligible.

6.3.2 Car Parking

The proposed development will provide a total of 10 car parking spaces inclusive of an ACROD bay and one ‘air & water’ bay provided immediately in front of the service station building.

A dedicated bin storage area and delivery bay for service vehicles are also provided immediately west of the retail building.

Table 2 of LPS4 contains no definitive vehicle parking standards for the use class ‘Service Station’. The level of parking provision proposed reflects the level of parking normally applied to similar modern service station developments.

6.3.3 Service Vehicles / Swept Path

The largest service vehicle expected to use the subject site is a 19m fuel tanker for fuel deliveries. 19.0m fuel tanker would enter the subject site via the southern crossover (crossover 2) on Victoria Parade, access the fill point and exit the site after delivering the fuel via the northern crossover (crossover 1) on Victoria Parade.

Delivery and service trucks are also anticipated to enter via the southern crossover on Victoria Parade (crossover 2), then reverse back to the service yard adjacent to the retail building for loading and unloading purposes. The delivery and service trucks will exit the site via the northern crossover on Victoria Parade (crossover 1) in forward gear.

Figure 7 – Swept Path Analysis (Excerpt from TIA)

6.3.4 Public Transport

The nearest bus stop on Great Eastern Highway is located approximately 35m walking distance west of the subject site and the nearest bus stop on Victoria Parade is located approximately 10m walking distance north of the subject site.

Transperth bus routes 320, 321, 322, 326 and 328 operate along Great Eastern Highway, south of the subject land. The bus routes provide links to Midland train station and Midland Gate shopping centre. Route 326 passes north into Midvale / Midland, connecting with other routes (313, 314, 315, 323 and 327) passing through these suburbs.

6.3.5 Pedestrian Movement and Cycle Access

Pedestrian footpaths in the vicinity of the subject site are provided on both sides of Great Eastern Highway and the eastern side of Victoria Parade. Pedestrian crossing facility with refuge island is available near the ‘T’ intersection of Great Eastern Highway and Victoria.

Great Eastern Highway has shared paths, as shown in Section 3.7 of the TIA, and Beaconsfield Avenue is classified as a Bicycle Boulevard in the Perth Bike Map, with a bicycle route connecting to Victoria Parade.

Furthermore, the majority of local residents south of Morrison Road are within 800m walking distance from the subject land, enabling convenient access on foot without the need to cross major traffic routes.

6.4 Environmental Noise Assessment

The subject land is positioned in proximity to residential development, located to the north and east. An environmental noise assessment was undertaken by Lloyd George Acoustics (Appendix 4) to determine whether the proposed development would operate with an acceptable level of noise impact on surrounding activities.

Refer Appendix 4 – Environmental Noise Assessment

Three scenarios were tested, as follows:

1. Night LA10 Noise – All convenience store plant equipment running, including all bowsers, simultaneously.

2. Night LA1 Noise – All plant equipment from scenario 1 and with a refrigerated truck delivery to store. The delivery truck is assumed to have reversed in the loading bay so that the truck mounted refrigeration unit is facing away from the sensitive receivers.

3. Night LAmax Noise – This scenario includes car doors closing in any parking bay and at the bowsers and the air service beeper.

The report notes that mechanical / plant details have not been designed in detail, and therefore the assessment assumes typical mechanical / plant details from similar projects. On this basis, the study suggests that the findings be reviewed at the building permit stage, at which time the exact mechanical / plant details are known.

The study concludes that the predicted worst case noise levels associated with noise generating activities are capable of satisfying compliant noise levels. To achieve compliance at all times, the study summarises various noise control measures that may be implemented within Section 5.0. The recommended controls relate to mechanical / plant equipment operation, refrigerated deliveries, and delivery / waste collection time – frames.

6.5 Drainage and Pollution Control

The development is capable of being serviced with power, water, telephone and internet services, which will involve minor modifications.

Refer Appendix 5 – Drainage and Services Reports

Drainage from the subject land is connected to Victoria Parade via a 225mm diameter pipe approximately 10.0m from the rear of the subject land. The drainage pipework also provides for drainage from Lots 8 and 600 to the west.

It was determined that run-off from the subject land will not change from the status quo following implementation of the development. The pipework through the subject land will need to be realigned to suit the new layout. In addition to this, the saw tooth nature of the car park and access ways in its current design means that there is detention storage for major storm events above the surface, and the level design of the new development will ensure that the detention volumes remain the same.

The drainage design for the covered bowser area will be a separate system, to allow separate collection and treatment. A Puraceptor hydrocarbon separation device, and a vapour treatment device will be installed in accordance with Australian standards. Vapour recovery systems meeting with Australian Standards capture approximately 85% of vapours released, inhibiting adverse impacts on surrounding residents.

6.6 Variations to LPS4 Standards

The development is considered to be appropriate with reference to the objectives and intent of the State and local planning framework, but is at variance to some of the standards and requirements contained in LPS17. Variations associated with the proposal include the following:

• Primary street setback to portions of the canopy (13.0m in lieu of 15.0m). • Landscaping depth between the Victoria Parade crossovers (1.5m in lieu of 3.0m), and the space containing the fill points fronting Great Eastern Highway adjoining the tanker standing area.

The Planning and Development (Local Planning Schemes) Regulations 2015, Part 9 Schedule 2 Clause 67 (deemed provisions) sets out those ‘Matters to be considered by local government’ with respect to the consideration of variations, which includes the relevant objectives of the Scheme or any local planning policy. In particular, the following criteria are of relevance in light of the variations proposed.

(m) the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development.

(p) whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved;

• The proposed setback of the canopy structure from Great Eastern Highway is 13.0m at its closest point, being less than the minimum 15.0m required. However, the canopy structure is open at all sides, with building bulk being limited to the supporting poles and roof component. The setback variation will therefore result in no significant visual impact given its limited building bulk. The western portion of the canopy setback below 15.0m is also ameliorated by the greater setback provided to the eastern side of the canopy (18.5m).

• The variation to landscaping depth is limited to a short portion of landscaped area that will separate the crossovers to Victoria Parade. This makes up a small extent of the total landscaped areas to be established adjoining Great Eastern Highway and Victoria Parade, and is well ameliorated by the generous supply of landscaped area to front Victoria Parade adjoining the service station building (6.0m wide).

• A portion of the landscaping strip fronting Great Eastern Highway will not contain plantings. However, the depth provided (3.0m) meets with the minimum required, providing adequate separation between the footpath and the Great Eastern Highway carriageway.

7.0 Conclusion

This report has been prepared by MGA Town Planners on behalf of Realcom Pty Ltd, to support a development application for a ‘Service Station’ to be established at Lots 6 and 7, 323 - 325 Great Eastern Highway, Midvale (subject land).

The following observations have been made demonstrating the orderliness of the proposal:

• The proposal will improve local employment self - sufficiency and the ability for local residents to access convenience goods via bicycle and on foot, and improve available options for commuters.

• A simple and attractive built form with a high proportion of glazing, which does not include excessive signage that might detract from the form of signage already established on Great Eastern Highway. The signage will not impact adversely on the public realm or adjoining residents.

• The design facilitates orderly vehicle movement throughout the subject land, for customers and deliveries.

• The development will incorporates a ‘Puraceptor’ device or similar, enabling effective hydrocarbon capture, in addition to vapour control infrastructure.

• The expectations of the adjoining landowners to the north have been satisfied.

• Noise impacts are able to be limited to acceptable levels with reference to the applicable policy framework administered by the Environmental Protection Authority.

The proposed development satisfies the intent of local and State planning controls and is able to be established in a manner avoiding local amenity impacts.

It is respectfully requested that following consideration of the proposal, and on counsel from the Shire, the Development Assessment Panel grants approval to the application.

Appendix 1 – Certificates of Title

Appendix 2 – Site Plans, Floor Plans, Elevations

Appendix 3 – Transport Impact Assessment

Appendix 4 – Environmental Noise Assessment

Appendix 5 – Drainage and Services Reports