Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
Main Roads
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
E19/3936 Ordinary Council Meeting 20 May 2019
Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
Western Power Further to your referral of the aforementioned development application, Noted. Western Power has no objection to the proposed development. The proposed development is to comply with the following: (i) The restrictions of existing transmission line easements (see Fig. 1). (ii) Clearance requirements of structures near overhead lines.
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
(iii) All parties involved in the design, construction, and maintenance of the building shall comply with WA Occupational Safety & Health Regulation 3.64 to ensure safe constructability and maintenance of the building. (iv) Any development on the subject site shall be designed and constructed to protect Western Power infrastructure and interests from potential land use conflict. Proponents should refer to https://westernpower.com.au/safety/360-aware/industry-safety/ (v) It is the landowner’s responsibility to ensure that the design and construction of any new structure on the land complies with all applicable laws including, without limitation, clearance requirements of electrical infrastructure. We recommend that you engage a suitably qualified independent person (surveyor, architect, engineer) to undertake an assessment of the proposed development to ensure that best methods of construction are utilised and compliance with all applicable laws (including clearance requirements of electrical infrastructure in general and those specified under Occupational Safety and Health Regulations 1996 (WA)).
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
Further information regarding easement, network safety and clearance requirements can be found on Western Power’s website at https://westernpower.com.au/safety/360-aware .
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
Between the hours of 0630-0900 the traffic flow and congestion between Respectfully, the objector has intersection of Pony Place and Nicholson Rd is so large that it can take up provided no evidence to to 10 minutes to be able to turn in either direction out of Pony Place onto support their comments. Nicholson Road. Between the hours of 1530- 1730 the same applies as above; the additional The SIDRA completed by problem at this time is that to be able to return into Pony Place from Transcore which forms part of Nicholson Road from the northern approach can be delayed by even greater the comprehensive Traffic time due to traffic banked back as far as 1km from the Nicholson Road and Impact Assessment that Thomas Road intersection accompanied the proposal indicates an existing queue The proposal of a service station at the corner of Thomas Road and back distance of up to 156.8m Nicholson Road will only add to the congestion and delays in traffic flow. along Nicholson Road during The need for another service station when we have 2 located less than 5 the weekday PM peak period. km in radius from the proposed location seems unnecessary. This proposal Pony Place is approximately will attract even more traffic to an intersection which is already a safety issue 400m north of the Nicholson and concern to local ratepayers. Road intersection. If the proposal is to go ahead then a new and improved traffic management system needs to be implemented to resolve current issues and mitigate The Coles Express service further ones caused by the proposal. station is located west of the Thomas Road / Kwinana Freeway interchange, over 7km from the site. The Puma on Thomas Road is approximately east 5km from the site.
The perceived oversupply of a land use is not a relevant planning consideration. Service Station is a ‘D’
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
discretionary use on the site and therefore capable of being approved on individual merit at the discretion of the decision- maker. Once again – Not opposed to the service station, but not until the The State government has intersection is upgraded. announced that works I attended a Shire meeting last year, made a submission and the ensuing associated with the Thomas vote was carried that it would not proceed until the intersection was Road / Nicholson Road upgraded. intersection upgrade will commence in 2020, creating 105 jobs.
The proposed access arrangements (which are supported by both the Shire of SJ and MRWA) include a ‘phase 1’ scenario which demonstrates that the service station is entirely capable of operating in a suitable manner based on the current configuration of the intersection. This approach was supported and approved as part of the initial development application approved by the MEJDAP on 29 October 2018.
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
As this is probably the worst intersection in the Shire, to build a service The State government has station on it is the worst possible thing. FIX THE INTERSECTION FIRST announced that works associated with the Thomas Road / Nicholson Road intersection upgrade will commence in 2020, creating 105 jobs.
The proposed access arrangements (which are supported by both the Shire of SJ and MRWA) include a ‘phase 1’ scenario which demonstrates that the service station is entirely capable of operating in a suitable manner based on the current configuration of the intersection. This approach was supported and approved as part of the initial development application approved by the MEJDAP on 29 October 2018.
Arguments Against The supporting Traffic Impact 1. Corner too busy now before proposed development. Assessment determined there 2. Area losing its rural appeal why we settled here in the first place. will be minimal impacts on the 3. 3 x petrol stations already: operation of the Thomas Road a) Thomas Road / Freeway / Nicholson intersection as a
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
b) Nicholson Road, Harrisdale shops result of the proposal. The c) Thomas Road (other side of Tonkin Highway) ‘phase 1’ access solution is supported by both MRWA and Please – No more petrol stations!! the Shire which ensures the intersection can operate satisfactorily prior to intersection upgrades being carried out.
The Shire has confirmed in its RAR from the initial development application which was approved by the MEJDAP on 29 October 2018 that the proposed land use and design configuration is consistent with rural character.
The perceived oversupply of a land use is not a relevant planning consideration. Service Station is a ‘D’ discretionary use on the site and therefore capable of being approved on individual merit at the discretion of the decision- maker.
We act on behalf of Humich Nominees Pty Ltd the owners of lot 196 on the
south east corner of Thomas/Nicholson Road (Oakford Traders)
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
immediately opposite to the land the subject of the above described proposal. We write to object to the proposed development.
The history of Oakford Traders is well known to the Shire. The liquor store The construction of a median and service station have been in operation since the 1970s. On 4 November strip within Thomas Road 2013, the Metro East Joint Development Assessment Panel approved a (which is very likely to occur as redevelopment of Oakford Traders which, after extensive consultation with part of confirmed intersection Main Roads, included a left in left out access and a full movement access upgrades announced by the on the Thomas Road frontage. This approval was extended in 2015 and State government to again on 9 January 2018. It is consequently current and is in course of being commence in 2020) rectifies constructed. any perceived safety issues The application we are commenting on is in respect of lots 12 and 50 which associated with the proposed is proposed to be developed for a service station. In particular it is proposed access to Thomas Road. that there should be a left in/left out access on lot 12 immediately opposite to our client’s full movement access on Thomas Road. A proposal to site an With regard to the construction access in such circumstances is clearly unsafe and indefensible by every of the median strip, we known criteria. understand that it was confirmed through independent The applicant’s proposal to construct a median strip opposite to the Oakford legal advice sought by the Trader’s full movement access is a clear interference with Oakford Trader’s JDAP as part of the initial vested rights acquired under its approval which rights have been part development application performed by way of partial construction and the obtaining of a temporary approved on 29 October 2018 access approval from both the Shire and Main Roads. that any works within the It is notable that the owner of lot 50, Councillor Piippponen, made objection Thomas Road reserve are in 2013 to the redevelopment of Oakford Traders on road safety and traffic within the jurisdiction of MRWA grounds by seconding an alternative resolution for refusal contrary to the and not actually the subject of recommendations of the officers. We attach a copy of the minutes of 28 this application. October 2013 recording of that objection. It is difficult to understand how, given that position, an application can be defensibly put forward to approve Importantly, the Thomas Road median strip (which is a major point of contention for this
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
a second service station on lot 50 (and 12) opposite to Oakford Traders in objector) is highly likely to be close proximity to the intersection. constructed irrespective of the proposed development. The We believe that it is Main Roads’ public position that, rather than abating, State government has those problems at the intersection between Thomas and Nicholson are now announced that works worse. It is understood the Shire supports this view. In light of the strong associated with the Thomas positions taken by both the Shire and Main Roads on road safety and Road / Nicholson Road congestion, it is requested that the Responsible Authority Report to be intersection upgrade will prepared by the Shire should recommend a refusal of this application on the commence in 2020, creating ground that approval would be contrary to orderly and proper planning 105 jobs. principles. In addition, the application is identical to that which was made to the Shire An objection made by a and JDAP in March 2018 and approved by JDAP on 29 October 2018. The Councillor on a different Shire will be aware that our clients have a Supreme Court action on foot application over five years ago against the owners of lots 12 and 50 and Skukuza Ventures Pty Ltd to quash is not a consideration which by certiorari the current approval of development on this site or alternatively should be given weight in the the condition which requires the construction of a median strip, which assessment of this application. application is due to be heard on 7 May 2019 barely three weeks away. Each application is to be assessed and determined on In the Supreme Court decision of Erujin Pty Ltd v Western Australian individual merit, in accordance Planning Commission [2010] WASC 26, Justice Allanson held, in with the established planning connection with an identical application, that the applicant was seeking to framework and the principles of re-agitate issues which had, as a matter of substance, already been orderly/proper planning. determined by the Tribunal and that it was an abuse of process to relitigate them. That consideration is exacerbated in this case by the fact that a challenge to an approval of an identical application is about to be heard by the Supreme Court. Finally as we noted in an objection to the original application when dealing with a development application, the Shire is obliged by its scheme to have consideration to the following requirements:
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
5.1.1 The power conferred by this Clause, and Clause 67 of the Deemed Provisions, may only be exercised if the Council is satisfied that:
a) approval of the proposed development would be consistent with the This application is not orderly and proper planning of the locality and the preservation of the analogous to the decision in amenity of the locality; Erujin Pty Ltd v Western b) the non-compliance will not have any adverse effect upon the occupiers Australian Planning or users of the development or the inhabitants of the locality or upon the Commission [2010] WASC 326 likely future development of the locality; and (note that the reference in the submission to 26 is incorrect). c) the spirit and purpose of the requirement or standard will not be unreasonably departed from thereby In that case, Erujin had Oakford Traders will be adversely affected by approval of this application. commenced review proceedings in the State We attach by way of part of this submission letters authored by Cardno Administrative Tribunal in Traffic Consultants and planners Harley Dykstra. respect of 2 conditions of Taking all the above into consideration, the Responsible Authority Report of subdivision approval with the Shire should recommend a refusal by JDAP. which it was dissatisfied. Those 2 conditions had also OCM064/10/13 COUNCIL DECISION: been imposed on an earlier Moved Cr Kirkpatrick (proforma), seconded Cr Pllpponen review to the Tribunal that had been settled by way of consent That Council: orders. A. Note that the application for the proposed Redevelopment of Oakford Traders Liquor Store, Convenience Store and Service Station - Lot 196 When Erujin commenced the Thomas Road, Oakford will be determined by the Metropolitan East Joint second review, the Tribunal Development Assessment Panel. dismissed the proceedings as being an abuse of process – B. Recommend to the Metropolitan East Joint Development Assessment that is, seeking to reventilate Panel that the proposed Redevelopment of Oakford Traders Liquor Store, matters which had been settled by way of the first review. The
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
Convenience Store and Service Station - Lot 196 Thomas Road, Oakford Supreme Court took the same be refused for the following reasons: view when Erujin appealed. 1. That Council is extremely concerned about traffic congestion and safety However, this is not a case at the intersection of Thomas Road and Nicholson Road. The upgrading of where Skukuza is seeking to this intersection is identified by Main Roads Western Australia as a long term obtain a different answer by project. It is requested a traffic and safety analysis be urgently completed lodging a new development for this intersection by Main Roads Western Australia and funding brought application. The only purpose forward, to complete the upgrading of this intersection with traffic lights so for lodging the new the works are completed within the Main Roads Western Australia current development application is to four year forward estimated construction program. put beyond doubt the question 2. Approval of the development will increase traffic movements and safety as to whether the first decision risks near the intersection of Nicholson Road and Thomas Road. was validly made, given the absence of application forms 3. Approval of the development will Impact upon Nicholson Road which Is for Lot 50 in respect of the first under the care, control and management of the Shire of Serpentine decision. Jarrahdale. CARRIED 9/0 There is no abuse of process that could be alleged in this Council Note: Council changed the Officer Recommendation in Item process, and indeed, the OCM064/1 0/13 position is more akin to the for the reasons outlined in points 1, 2 and 3 above. decision of Minister for Immigration and Multicultural Dykstra Submission Affairs v Bhardwaj [2002] HCA SUBMISSION ON APPLICATION FOR PLANNING APPROVAL 11, which allowed a decision- maker to remake a decision in SERVICE STATION ON LOT 12 THOMAS ROAD AND LOT 50 circumstances where there has NICHOLSON ROAD, OAKFORD been an error made in respect Harley Dykstra acts for Humich Nominees Pty Ltd, landowner of Lot 196 of a previous ‘decision’. In this Thomas Road, Oakford. Lot 196 accommodates the Oakford Traders case, the error was the failure (Liquor Baron) Liquor Store which is located immediately south of the to ensure that all required
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
proposed development site at Lot 12 Thomas Road and Lot 50 Nicholson forms and signatures had been Road, on the opposite side of Thomas Road. received, and the purpose of this new application is to allow It is understood this application for development approval follows a previous the JDAP to remake its application approved by the Metro East JDAP on 29 October 2018 for the decision with these mandatory same use and development. This submission opposes the application for administrative pre-requisites development approval on the following grounds: being in place. Incompatibility with Rural Living land use The comments in respect of the The proposal represents an inappropriate intensification of a land use on Erujin decision are misplaced this constrained property which, whilst zoned ‘Rural’ under the Shire of and should not be relied upon. Serpentine-Jarrahdale Town Planning Scheme No. 2 (TPS 2) is identified within a Rural Living B Policy Area under the Shire of Serpentine-Jarrahdale Rural Strategy 2013 Review (‘the Strategy Review’) along with adjoining lots to the north and east. Conversely, land to the south of Thomas Road is intended to remain within a Rural Policy Area. Under the Strategy Review key objectives of the Rural Living Policy Area include the following: Restrict rural land uses that are not generally compatible with maintaining residential amenity. Provide opportunities for development that maintains rural character and promotes appropriate land management.
A service station would not be compatible with maintaining the residential amenity or rural character of this Rural Living area and therefore would not be permitted in the event of a future Rural Living zoning under TPS 2. Hence, the proposed land use is inconsistent with the Shire’s adopted strategic planning for the locality. Inappropriate access arrangements
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
The proposed development seeks approval for left-in/left out access to both Thomas Road and Nicholson Road. This submission asserts the proposed access/egress arrangements are, at the very least, premature in the absence of a full commitment, design and timeframe for the construction of the Nicholson Road/Thomas Road intersection upgrade and would therefore likely compromise that intersection upgrade. The proposed land use has been demonstrated to be In this regard, the road frontages of the development site are insufficient to suitable and appropriate for the achieve appropriate and safe separation distances for future crossovers for subject site. It has been a service station site from a roundabout and on that basis, the site itself is accepted by the Shire that the inappropriate for this form of development. proposal is acceptable and will Further, our client’s land at Lot 196 Thomas Road has enjoyed long not result in adverse impacts to established access from Thomas Road. A redevelopment of Lot 196 was the amenity of the locality. The approved in 2013 and extended in 2015 and January 2018. The approval proposal has been supported included full movement access immediately opposite to the access by all external authorities, proposed on Lots 12 and 50. If granted approval, the proposed development including MRWA. It is therefore on Lot 12 Thomas Road and Lot 50 Nicholson Road would conflict with the demonstrated that the proposal existing access arrangements and the access supported as part of the is entirely consistent with the earlier redevelopment approval for Lot 196 Thomas Road. principles of orderly and proper planning. Notwithstanding these significant access constraints and the fundamental inappropriateness of the land use on this site, in the event the JDAP was to determine the land use is capable of approval, we would urge Council to require its officers to amend the Responsible Authority Report to provide for The proposed service station what we consider to be the safest and most pragmatic access option, land use is a ‘D’ discretionary namely, a left-in access only from Thomas Road and a left-in/left- out access use within the Rural zone of only from Nicholson Road via a condition of approval. This arrangement TPS2, and therefore capable of would at least enable the redevelopment on Lot 196 to be implemented in approval at the discretion of the accordance with the existing approval. decision-maker. Conclusion
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
We trust that this submission clearly demonstrates to the Shire of Serpentine-Jarrahdale and JDAP that the proposed application for approval To the applicant’s knowledge, of a service station at Lot 12. Thomas Road and Lot 50 Nicholson Road, there is no current proposal to Oakford is both inappropriate from the perspective of land use compatibility amend TPS2 to rezone the and most critically, is premature given the status of the Nicholson subject site to ‘Rural Living B’. Road/Thomas Road intersection upgrade. Accordingly, it is our view that the Therefore any application for application should be refused on these grounds. planning approval should properly be assessed against Cardno Objection the current statutory planning Cardno acts on behalf of Humich Nominees Pty Ltd, the owner of Lot 196 framework in force at the time (No. 1526) Thomas Road, Oakford – the ‘Oakford Traders’ site – which is an application is made. located directly opposite the subject site. The Shire supported this land The Oakford Traders site enjoys development approval for a service station, use on the site as part of an liquor store and associated access to Thomas Road that includes one ‘left identical application which was in-left out’ crossover and one ‘full movement’ crossover the latter being approved by the MEJDAP on immediately opposite to the access to Thomas Road proposed by this 29 October 2018. The Shire development. The Oakford Traders approval was most recently granted by confirmed the proposed land the MEJDAP on 6 November 2018. Our Client has recently submitted a 15% use is appropriate for the site, Design for construction of the Thomas Road crossovers to Main Roads in is consistent with rural accordance with their development approval. character, and was satisfied The proposed development of a Caltex service station on the subject site that the proposal would not raises some significant conflicts with the Oakford Traders existing approval adversely impact on any and the existing liquor store, as well as other safety concerns related to the neighbouring properties. adjacent road network which includes a black spot intersection. The following sections outline some of these concerns associated with the Refer previous comments proposed development. regarding access. The Shire, MRWA and DPLH have all PROPOSED LOT 12 THOMAS ROAD ACCESS supported the proposed The proposed development includes a ‘left in-left out’ access onto Thomas access arrangements. Road located approximately 190m east of the Thomas Road / Nicholson
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
Road intersection. This access is located directly opposite the Oakford Traders existing approved full movement crossover, for which a design has The State government has been submitted to Main Roads. announced that works associated with the Thomas Locating a ‘left in-left out’ crossover directly opposite this full movement Road / Nicholson Road crossover results in a de-facto four-way, ‘give way’ controlled intersection intersection upgrade will on a Primary Regional Road. Safety concerns related to such intersections commence in 2020, creating include: 105 jobs. > a greater number of conflict points compared to three-way, ‘give way’ control intersections; and Access to/from Thomas Road, including any associated works > vehicles turning right onto Thomas Road from Lot 196 would have to give within the road reserve, are way to vehicles exiting Lot 12, reducing the number of available gaps and within the jurisdiction of Main increasing the level of risk for this movement. Roads WA and subject to While this arrangement might be tolerable for the existing land use (a single approval under the Main Roads ‘Special Rural’ dwelling), it is intolerable for a service station which will Act 1930. MRWA, the generate a significant volume of turning movements into and out of the site. controlling authority, are satisfied with the proposal and The conflict created by the proposed development could effectively be support the proposed access mitigated by restricting the Thomas Road access crossover to ‘left in’ arrangements. movements only. These movements could occur without interfering with either turning traffic or through traffic and therefore have minimal impact on the adjacent road network. This could be achieved by modifying the Lots 12 and 50 development plans to include only a ‘left in’ movement from Thomas Road into the site with associated turning pocket. Traffic exiting the development would then egress the site onto Nicholson Road.
It is noted that the current development proposal requires heavy vehicles to exit the site onto Nicholson Road, rather than Thomas Road. Requiring light
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
vehicles to also exit via Nicholson Road would be consistent with this approach.
IMPACT ON THE THOMAS ROAD / NICHOLSON ROAD INTERSECTION The proposed development generates many ‘passing trade’ trips which divert existing vehicles from the adjacent road network into the site, then back out of the site onto the road network – i.e. while the number of new trips added to the network is relatively low, the proposed development will substantially increase the number of turning movements occurring in the vicinity of this dangerous intersection. It is therefore considered that the operation of the service station is premature until such time that a roundabout is constructed at the Thomas Road / Nicholson Road intersection.
CONCLUSION The above analysis indicates that the approval of any development on this site other than low traffic generating uses is inappropriate at the present time. The impact on the approved and existing Oakford Traders Refer to previous comments development opposite Lots 12 and 50, which has been in operation since regarding access. 1970 and whose redevelopment was approved in 2013 (extended in 2015
and 2018), and the additional stress on the intersection at Thomas/Nicholson Roads supports the view that this application should be
refused. If, contrary to this advice, the Council of the Shire is minded to approve a responsible authority report recommending approval of the proposed development on Lots 12 and 50, it is considered that the proposed access arrangements should be modified to permit ‘left in’ movements only on the Thomas Road frontage.
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
This would remove the conflict with the approved and existing Oakford Traders access intersection and would still permit vehicles to egress Lots 12 and 50 via Nicholson Road.
This comment is contradictory to the comments made by Linda Rowley, which purport that a median strip is to be constructed within the Thomas Road reserve.
Thomas Road is under the care/control of MRWA. MRWA are satisfied with the access arrangements as proposed, and suitable arrangements have been proposed outlining how the development will operate under the current intersection configuration in the context of future road upgrades.
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
There is no demonstrable need or benefit from a traffic safety point of view to restrict the development’s access to left-in only. It is a reasonable inference that the objector is making this suggestion on the basis that a left-in only movement would require a different traffic management treatment within the Thomas Road reserve, which may preserve full movement access into the Oakford Traders site and maintain commercial viability for future commercial development.
The applicant relevantly notes that the redevelopment of the Oakford Traders site will result in the exact same thing (increased number of turning movements in proximity to the Thomas Road / Nicholson Road intersection).
E19/3936 Ordinary Council Meeting 20 May 2019 Attachment 10.1.1.3 SUMMARY OF SUBMISSION Nicholson Road, Oakford (L50) 317200 / Thomas Road, Oakford 1537 (L12) 402008- Service Station - PA19/246
Officer Submitter No Submitter Comments Applicant Response Comment
Notwithstanding, the configuration of access and separation of crossovers from the site is understood to be satisfactory from a traffic engineering point of view. Additionally, a phased access strategy has been presented which addresses the interim and ultimate intersection upgrade scenarios. This phased access strategy is supported by the Shire and MRWA.
Finally, the State government has announced that works associated with the Thomas Road / Nicholson Road intersection upgrade will commence in 2020, creating 105 jobs. This resolves the points of objection and further renders the proposition of a ‘left-in’ only solution redundant.
E19/3936 Ordinary Council Meeting 20 May 2019