OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
Background Information Main Roads WA initial In December 2017 it is noted that Planning Solutions and Following these comments Transcore met with officers from Main Roads and the comments, Department of Planning, Lands & Heritage (Planning) to meetings have discuss the proposed access arrangements for the been undertaken proposed petrol station site. with MRWA to try to overcome the It is also acknowledged that discussions were based on concerns. draft planning design concepts for the Nicholson Subsequently Road/Thomas Road roundabout undertaken by GHD amended plans which were commissioned by the Department of received show an Planning. alternative to a "In principle' agreement was provided at that time to the pre-deflection applicant for the proposed access arrangements as per area – refer to the attached Drawing No. P1525-A 108 Rev C. Traffic, Access However, this was conditional upon a number of items and Safety being addressed by the applicant, including Transcore section of report. demonstrating the swept paths in an interim and ultimate access scenario for the site, to the satisfaction of Main Roads.
The attached Drawing P1525-A 108 Rev B (ultimate access arrangement) within Transcore's Impact Assessment report, demonstrates the GHD concept with the roundabout option being overlaid to demonstrate light and heavy vehicle swept paths exiting Nicholson Road. It is also noted that all vehicles would now be entering and exiting the proposed crossover on Nicholson Road within the pre-deflection area of the proposed roundabout.
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
Transcore in its swept path modelling has failed to consider Austroads Guide to Road Design Part 4b which describes the design elements for pre-deflection to the approach to a significant roundabout, such as this one.
Transcore is reminded that these critical design elements and standards must be adopted as a minimum and accordingly no vehicle access will be permitted within the development of this pre-deflection area on road safety grounds.
Current situation The intersection of Thomas Road/Nicholson Road is recognised as a dangerous black spot and has received funding from the Road Trauma Trust fund account to undertake analysis work to determine the most appropriate type of treatment. Traffic modelling depicts that a roundabout is the preferred intersection treatment at this location.
It was recognised by Main Roads that the previous planning work undertaken by GHD on behalf of the Department of Planning was deficient on a number of levels. Consequently in March this year Main Roads engaged the services of ARUP to undertake preliminary planning design concepts for a roundabout treatment at the Nicholson Road/Thomas Road intersection.
This concept is still under development, however it is recognised that access into the site from Nicholson Road will not be permissible for the reasons explained above. The applicant is to be aware that further
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
refinements required to this concept may result in further land implications for Lot 12.
It is highly likely that the only access permissible to this site will be left in/left out from Thomas Road with the requirement of a left turning pocket for safe entry of all vehicles into the site.
As you are aware, this precinct (including the subject site) presents considerable challenges and design constraints with major trunk water mains, large drainage infrastructure and 132kv high voltage power lines.
Furthermore, with the revised planning design concept it is proposed to develop and construct the second carriageway on the northern side of Thomas Road. The major services as indicated above, including vertical clearances required for 132kv high voltage power lines in respect to high wide loads may not have been taken into consideration as part of this development application.
The applicant and/or its representative consultants and the Local Government are reminded that the approval of Main Roads is a separate and distinct requirement from a planning approval issued by a Local Government Authority or within the JDAP process.
Any advice from Main Roads which protects strategic transport corridors should be viewed in the highest regard to effect orderly and proper transport and town planning principles.
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
Accordingly, until a final concept design has been established and agreed upon by all stakeholders, Main Roads strongly recommends that this JDAP application be deferred for a minimum of two months from the date of this letter.
In this regard, Main Roads will be arranging a meeting in late May/early June with the applicant, its representatives, the Department of Planning and Shire of Serpentine Jarrahdale to provide a briefing of the project's current scope, status and implications for the site operating as a petrol station. Support proposal refer to Attachment Main Roads Final
Comments As your proposed work is near energised electrical Proximity to energised electrical installations No further action Western Power installations and powerlines, the person in control of and power lines. the work site must ensure that no person, plant or Noted. Planning Solutions and Western Power material enters the “Danger Zone” of an overhead held a meeting on the 7 March 2018, where it powerline or other electrical network assets. was confirmed that a Western Power ‘clearance assessment’ is required to confirm the proposed The “Danger Zone” is set out in Western Australian development will not impact Occupational Safety and Health Regulation 1996 – upon transmission lines. This assessment will be Specifically Reg 3.64 undertaken post development approval
Any information provided to you by Western Power should not be used in isolation and we recommend that you refer to the Occupational Safety and Health Act 1984 and Occupational Safety and Health Regulations 1996. These documents outline WorkSafe WA requirements for working near electricity.
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
No permanent structures are supported No further action Department of Land Requirements within the Thomas Road road / intersection refer to Traffic, Planning, Lands and The site abuts Thomas-Road which is reserved as a widening area. Access and Heritage Primary Regional Road in the Metropolitan Region Safety section of All development and structures are located Scheme. Lot 2 also abuts Nicholson Road which is report. outside of the current MRS reserved as an Other Regional Road and Category 3 per WAPC ·Plan No. SP 694/4. The site is affected by Primary Regional Road reservation area. Further, the Other Regional Road reservation for Nicholson the development has been designed to locate all Road and Thomas Road. To the south of Lot 2, buildings and major structures within the eastern Nicholson Road is identified within the Perth and portion of the subject site, to provide greater [email protected] million framework as a proposed integrator separation from the Nicholson Road / Thomas arterial extending to Mundijong Road. Road intersection. Rowley and Anketell/Thomas Roads study The proposed development also accommodates the required 100m crossover clearance from the GHD has recently finalised a road planning study for intersection, based on the most up to date Rowley and Anketell/Thomas Roads for the concept of the intersection upgrades. The future Department of Planning, Lands and Heritage. The intersection design and associated widening area purpose of the study is to provide road reserve has guided the access for this development. definitions between Tonkin Highway and the Kwinana Freeway. As part of this project, land protection plans have been prepared (refer to attached plan 1.7490). SIDRA analysis shows extensive delays for No permanent structures are supported within this southbound movements from Nicholson road I intersection widening area. Road, both pre- and post-development, Thomas Road has been designed to a 4 lane however when the intersection is modelled standard with a 9 metre median reflecting an overall as a 2 lane roundabout, level of service cross section of 70m to accommodate 36.5m heavy (LOS) shows a marked improvement in vehicles. Shire officers have attended all project performance. reference group meetings since 2015 and have reviewed the concept plans in conjunction with other Noted. The acknowledgement that congestion for stakeholders including Main Roads WA. GHD's traffic southbound movements on Nicholson Road is an modelling shows 35,500 vehicles per day for Thomas existing condition, resolved through the
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
Road east of the subject location and Nicholson Road construction of the future two lane roundabout is will accommodate 27,400 vehicles per day by 2031 agreed. (refer to attached Figure 2 Schematic Plan with traffic No objection to the proposed access volumes). arrangements subject to adequate separation being achieved. Transport Impact Assessment Both the interim and ultimate access / egress The above report, prepared by Transcore dated arrangements will provide the required 100m February 2018, states that Thomas Road currently clearance from the Thomas / Nicholson Road accommodates 18,800 vehicles per day and intersection. Nicholson Road accommodates 9000 vehicles per day in the subject location. The existing staggered T The support of DPLH is noted on this basis. intersections for Nicholson Road will be replaced by a four-way, dual lane roundabout intersection. A passing trade component of 80% has been assumed for the site due to its relatively isolated location. The proposal is anticipated to generate 1412 total daily trips with 90 and 117 trips for AM and PM peak hours respectively. Both crossovers to the site will operate with left in/ left out movements. SIDRA analysis shows extensive delays for southbound movements from Nicholson Road, both pre- and post development, however when the intersection is modelled as a 2 lane roundabout, level of service (LOS) shows a marked improvement in performance. Recommendation A number of discussions and meetings have been held between Main Roads WA, the Department of Planning, lands and Heritage and the proponent regarding interim and ultimate access arrangements for the service station. The Department of Planning,
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
lands and Heritage has no objection to the proposed access arrangements subject to adequate separation being achieved between the Thomas Road access point and the service road, however final endorsement regarding access should be sought from Main Roads WA.
D & L Triplett We fully support this proposal. No further action 900 Nicholson Road We have no fuel stations within 10kms or shop outlet Oakford WA 6121 with extended hours for local convenience. A277418 Brilliant initiative.
P & L Johnston We oppose this submission due to it will increase Refer to Traffic, 50 Pony Place traffic congestion at the intersection (already bad) and Access and Oakford WA 6121 will impede on the current business on the opposite Safety section of A278012 side of the road report. R Cumming This area is already a traffic nightmare which needs Refer to Traffic, 6 Vortilla Court addressing before adding to the problem with the Access and Oakford WA 6021 proposed development (Service Station) Safety section of A234711 report. J Mercer I am not opposed in principal, but that is possibly the Refer to Traffic, 21 Vortilla Court most dangerous intersection in the Shire of Access and Oakford WA 6121 Serpentine Jarrahdale. Safety section of A234702 They are spending $140 million on Armadale Road report. and Nicholson Road. The plan you included does not allow sufficient room for a large roundabout that is most preferable.
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
R Moyle Please accept this email to be considered as
10 Pony Place comments re the proposed development application Oakford WA 6121 Lot 12,1537 Thomas Rd Oakford A278010 Our main concern is the increase of heavy trucks on Thomas and Nicholson roads. Refer to Traffic, Access and The intersection of Thomas & Nicholson is already Safety section of under stress as the wider community grows and traffic report. volumes increase. We are very concerned that heavy trucks could also have a noise implication, the properties have been purchased by people seeking a rural lifestyle and we feel this is constantly being threatened by proposals for truck stands and now a development of a Refer to Amenity substantial service station operating 24/7 7 days a section of Report. week
Trucks that are currently using Nicholson Road are noisy so we wouldn’t be happy with increase to noise levels especially on a 24/7 7 days a week operation. I don’t feel this is unreasonable as I am sure that Councillors wouldn’t be impressed with the impact on their homes either. Putting extra cars let alone increasing the number of heavy duty trucks on Nicholson Road is a huge concern for us, there have been quite a few accidents on Nicholson Rd between Rowley Rd and the Thomas Rd intersection, this stretch of road doesn’t need to have any further stress put on it.
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
As a comment about this stretch of road, the recent roadworks undertaken to improve the Rowley Rd intersection have done little to improve the road, in fact it is worse the workmanship leaves a lot to be desired. The comment in the proposal about there being an inherent undersupply of heavy vehicle and light vehicle fuel retailing services on Thomas Rd is noted but surely a better site could be found to establish this proposed service station. Why can’t this be located further South where the access and exits would be less invasive to existing traffic or even take it further away and perhaps use South West Highway. We would think that this would have a major impact on the surrounding properties that border this proposed site. We see that with this proposal there is to be consideration re installing a roundabout at Thomas and Nicholson Rd, this is well overdue and should have been considered and implemented a long time ago to help with the traffic issues out there, it’s sad that it’s only when Caltex wish to build a major construction that something is going to be done. We pay a substantial amount for rates to live in Serpentine Shire and feel that we don’t get a lot back for our rates. To think that this is may go ahead and have a big impact on ratepayers is a grave concern.
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
L & P Masson With regards to the above application, we have the
96 Pony Place following comments and concerns; Oakford WA 6121 Refer to Traffic, a) The intersection of Thomas Rd and Nicholson Rd A277405 Access and is already a very busy and dangerous junction. There Safety section of is a high volume of traffic, including heavy vehicles, report. moving onto and off each of these roads, and added to this is traffic from the existing liquor/convenience store. There are numerous accidents and 'near misses' (statistics of near misses obviously aren't recorded) at that intersection already on a regular basis, and we are concerned that traffic entering and exiting the proposed service station will make this area even more dangerous. On Friday afternoons - from around 4.lSpm, traffic on Nicholson Road is usually banked back past Pony Place, and it's often impossible to turn south onto Nicholson Road. The Development Application section 2.1 details that "the Thomas Road/ Nicholson Road intersection is likely to be upgraded in the coming years"; however we feel very strongly that this upgrade is required without any further delay. The traffic assessment report included in the proposal documents states that "The traffic assessment undertaken in this report indicates that Thomas Road and its intersection with Nicholson Road operate at capacity and the planned upgrade to the intersection and Thomas Road will ideally need to be implemented within the next 5 years to address traffic operational issues and requirements. " A number of drivers currently avoid turning right onto Thomas Rd during peak times by turning left off
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
Nicholson Rd, and they then immediately turn right and use the truck lay-by at the liquor store to u turn back onto Thomas to head west. If the intersection isn't upgraded at the same time as the installation of the service station, then we object to the construction of the service station on the grounds that the additional movement of traffic into and out of it will make Thomas & Nicholson Roads even more dangerous in that area. b) We are concerned that not enough planning has gone into the direction of traffic exiting and entering the service station. Our understanding of the proposal plan is that traffic will only be able to exit the service station by turning left onto Thomas Rd, or left onto Nicholson Rd. There doesn't appear to have been any provision made for vehicles to continue their journey by heading north on Nicholson Rd, and this is going to create the issue that cars need to turn around somewhere along Thomas Rd (in 90 kmh zone) to double back to Nicholson Rd. There are also going to be instances where drivers who are initially heading west on Thomas Rd will see the service station and turn north onto Nicholson Rd to access it (as they can't turn right from Thomas Rd). These drivers will only then be able to gain access via au-turn on Nicholson Rd (90 kmh zone), or by utilizing Pony Place or Peters Way as a turn point. The construction of a roundabout at the Thomas/Nicholson Rd intersection now, rather than in the future, will address these issues and prevent
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
accidents. We object to the proposed installation of a service station: unless the exit direction issue is addressed satisfactorily to allow for vehicles to continue their journey north along Nicholson Road. Refer to Amenity S & C Watkins Our only concern with this being a 24 hour service section of Report. 1009 Nicholson Road station is we are concerned of the light wash so we Oakford WA 6121 would require vegetation to grow as high as 2.5 A277500 meters as highlighted on the plans received. Also we would prefer the big rubbish bins not be placed near our boundary.
Rowley Legal on Objection to Development Application Lot 12, 1537
behalf of Humich Thomas Road Oakford- Nominees Pty Ltd We are solicitors to Humich Nominees Pty Ltd the A202405 owners of lot 196 on the south east corner of
Thomas/Nicholson Road immediately opposite to the
land the subject of the above described proposal. On 9 January 2018, as the Shire is aware, JDAP renewed our client's approval for a liquor store, convenience store and fuel station on lot 196
including a full movement access almost directly
located opposite to the access to Thomas Road indicated on the plans for the above proposal. Our client is currently progressing this application . Pertinent and relevant background information is set
out in our client's attached objection and this
document should be read in conjunction with that objection to avoid unnecessary duplication.
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
It is indisputable that the indicated siting of the access to Thomas Road in respect of the proposal is in direct conflict to the junction spacing requirements set out in Table 5 of Liveable Neighbourhoods (June 2009), a policy routinely applied by Main Roads WA in respect of urban and commercial development.
However most importantly, the plans for the proposal Removal of right-in / right out access Subject to MRWA on lot 12 indicate an intention to extend the median for Lot 196: approval. Refer to strip substantially across the new proposed access Traffic, Access way on our client's land in a way which will remove the The construction of the median island adjacent to the proposed crossover to Thomas Road was a and Safety full movement function of that access. That is an section of report. intolerable interference with a plan already approved requirement of Main Roads, outlined during preliminary concept design meetings. This island by JDAP and an unacceptable conflict with that approval granted only a few short months ago. is required to ensure vehicle access to the proposed Caltex Development is physically limited to left-in / left-out movements only. As the median island is located within Main Roads controlled land, the median island will also ultimately require approval by Main Roads.
During the preliminary consultation with Main Road, it was clearly articulated that right turn access across Thomas Road would not be supported. The JDAP development approval alone does not grant the landowner of Lot 196 the right to indefinite full movement access, or the right to preserve the existing road alignments.Instead, the access and design of
Thomas Road will be dictated by Main Roads,
based on contemporary road design standards.
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
The approval of the full access crossover to Lot 196 was granted based on the road design at the
time of approval. In this respect, it is noted that the initial approval was initially granted in 2013, and subject to a significantly different road network and future intersection upgrade scenario. Full access was also granted on the
basis that the future intersection would comprise a traffic light installation upgrade, rather than
roundabout upgrade.
It is also relevant to note that the upgrades of the Nicholson / Thomas Road intersection will result in the construction of a solid median island
adjacent to the approved crossover. The loss of
this right-in / right-out movement is therefore an
inevitable outcome, and will occur regardless of the proposed Caltex development.
In addition, Thomas Road is currently a major traffic generator with those numbers set to substantially The proposed crossovers have been designed to
increase in the future particularly with regard to heavy achieve a 100m separation from the Nicholson/Thomas Rd intersection, both under haulage. Main Roads WA regularly and repeatedly the interim and ultimate scenario. This separation opposes multiple access points for such roads as contrary to its Main Roads Driveways Policy. It is is required by Main Roads. Further with the therefore difficult to see why Main Roads would installation of the median island, the proposed support this proposal entailing a second access point crossovers to the subject site will present no in such close proximity to that approved on lot 196. conflict with the approved crossovers to Lot 196. Vitally an approval of such an arrangement would be
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
entirely contrary to orderly and proper planning principles.
In particular, in dealing with a development
application, the Shire is obliged by its scheme to have
consideration to the following requirements: Refer to Clause 67 5.1.l The power conferred by this Clause, and Clause Checklist and 67 of the Deemed Provisions, may only be exercised relevant sections of if the Council is satisfied that: report. ci) approval of the proposed development would be consistent with the orderly and proper planning of the locality and the preservation of the amenity of the locality;
b) the non-compliance will not have any adverse effect upon the occupiers or users of the development or the inhabitants of the locality or upon the likely future development of the locality; and c) the spirit and purpose of the requirement or standard will not be unreasonably departed from thereby
Further, while understanding that the proposed application will be determined by JDAP, it is implicit that the Shire's RAR and the resulting decision of JDAP must have due regard for clause 67 of the Deemed Provisions which relevantly requires consideration of: (a) the aims and provisions of this Scheme and any other local planning scheme operating within the Scheme area;
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Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
(e) any policy of the Commission;
(f) any policy of the State; (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;
(n) the amenity of the locality including the following - (i) environmental impacts of the development;
(ii) the character of the locality; (iii) social impacts of the development;
(o) the likely effect of the development on the natural environment or water resources and any means (r) the suitability of the land for the development taking into account the possible risk to human health or safety;
(s) the adequacy of - (i) the proposed means of access to and egress from the site ; and
(ii) arrangements for the loading, unloading, manoeuvring and parking of vehicles; (t) the amount of traffic likely to be generated by the development, particularly in relation to the capacity of
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
the road system in the locality and the probable effect on traffic flow and safety
On a State level a number of policies have general
application such as clause 4.1 of DC 1.2, and the
objectives of DC 5.1 which are:
• to outline planning principles to be applied in the determination of proposals for vehicle access to regional roads. • to ensure that vehicle access to regional roads and the type of abutting developments is controlled and conforms with sound town panning principles • to improve traffic flow and safety on all regional roads, either new or existing, by minimising the number of junctions or driveways .
And clause 3.1.3 of DC 5.1 which describes how: Turning traffic (both leaving and entering the road) causes conflict and is thereby a contributory cause of accidents. Research shows that the majority of accidents happen adjacent to junctions and driveways where most turning movements occur. Accident rates are consistently higher on roads where access is permitted than on roads with full or partial access control. Furthermore, the accident rate increases as the number of access points along the road increases
And clause 3.3.l
In considering applications for access on regional roads, the effects of the proposals on traffic flow and
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
road safety will be the primary consideration. The more important the regional road, the greater the importance attached to these factors. In general, the Commission will seek to minimise the creation of new driveways on regional roads and rationalise existing access arrangements. In conclusion, in planning terms, it is difficult to see why, after approval of our client's proposed service station and that at Kargotich Road, a third service station should be considered appropriate in the immediate locality. Economic considerations have their place in planning evaluation where amenity of the locality is threatened.
Taken together, these policies, considerations and
requirements add to substantial reasons why the
proposal should be refused.
1. Introduction This submission has been prepared by Humich Nominees, owners of the land on the south side of Thomas Road, opposite the proposed development site. Humich Nominees are quite aware of the standards applied to other services station proposals along Thomas Road, and also aware of the wider regional transport infrastructure needs and issues associated with Thomas Road. Having reviewed the details of the above mentioned application, Humich Nominees offers the following comments for consideration by the Shire and by JDAP. 2. Future Planning - Thomas Road Future road network / intersection design uncertainty:
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
The Shire of Serpentine-Jarrahdale Priority Project The ‘interim’ and ‘ultimate’ development Report (2015) states that Thomas Road forms a scenarios have been clearly articulated to both critical link in the transport infrastructure for WA, it Main Roads and the DPLH, and has received in- links the Kwinana industrial strip to the north of the principle support. The ‘interim’ scenario has been state and also forms part of the "high wide load formulated with Main Roads agreement, and to corridor". This important east-west transport/freight Main Roads requirements. The extensive pre- link is currently part of a holistic review, with options lodgement engagement with Main Roads was that include a realignment (straightening) of the curve undertaken to establish this position, and to in Thomas Road near Nicholson Road, and a possible confirm that the Caltex development can operate more direct route linking Thomas Road into Anketell under current arrangements, and future Road. roundabout design. The subject site of this service station application is a Main Roads has been consulted relatively small and irregular shaped site that is tightly comprehensively, and have recommended the wedged between the existing Nicholson Road and access arrangements for this site. As it has been Thomas Road alignments and the high voltage demonstrated that the proposed development powerlines easement), with no practical space to can operate under pre- and post-development adjust the plans or designs in response to the regional arrangements, there are no grounds to place the roads and intersection decisions that will inevitably be development on-hold pending the intersection required in the short to medium term . The final upgrades. designs for the Thomas Road alignment and a
possible future intersection upgrade (roundabout)
have not yet been prepared, and it is therefore
premature to allow such a relatively small but high
impact development to be constraining and/or
determining the future design parameters of such an
important regional road link for the future.
3. Prerequisite for intersection upgrade Pre-requisite for intersection upgrade based (roundabout) on the approval granted for Lot 801 Thomas Road (corner Kargotich Road): The Shire of Serpentine-Jarrahdale Priority Projects
Report (2015) states that the intersection of Thomas
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Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
Road and Nicholson Road-has the greatest number The submission argues precedent to require of crashes within the Shire (56 crashes -over 3 years). completion of the intersection upgrades prior to -The Kargotich Road-= Thomas Road intersection commencement of the development was statistics quoted in that same report were 23 crashes established for the development application over 3 years. approved for Lot 801 Thomas Road, which required completion of the Kargotich / Thomas What is highlighted here is an unbelievable Road intersection upgrades prior to occupation of discrepancy that is apparent in the different standards the development. applied to service station applications at both of the The intersection upgrades at Thomas and above mentioned intersections. It would appear that Nicholson Roads are being progressed by Main the most dangerous intersection is being allowed to Roads, and are required due to regional traffic have a service station without the major intersection growth and the upgrade of the road network to upgrade as a prerequisite. In contrast, the service RAV6 standard. Importantly, as the Caltex station approved at Kargotich Road - Thomas Road development is not the trigger to the requirement intersection (with fewer number of crashes) has only to upgrade the intersection, there are no been allowed on the basis of the substantial reasonable grounds to require contribution or intersection upgrades (roundabout) being installed. construction of the intersection. Further, any condition requiring completion of the intersection upgrades prior to commencement of the development would not be a valid planning condition, as it requires reliance on a third party’s action (Main Roads). The precedent established under Lot 801 should therefore not be applied to this application.
Traffic Matters 4. Apparent inconsistency with other Thomas Increased traffic congestion at the Road intersection service station development intersection. application There is inconsistency in the manner in which Traffic congestion surrounding the Thomas and planning authorities have responded to this Nicholson Road intersection is an existing condition, and is acknowledged by both the
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
application (in its phase of consultation) and the DPLH and Main Roads. This existing traffic approval granted to the service station proposal at Lot congestion has warranted detailed studies on the 801 Thomas Road - corner of Kargotich Road, intersection, and concept designs proposing namely: Thomas Road / Nicholson Road to be upgraded to a two lane roundabout. • That approval was only given on the condition that The upgrade of the intersection to a two lane the intersection upgrade (roundabout) be completed roundabout will resolve many of the intersection simultaneously or prior to the development; congestion issues. This is demonstrated within • That approval was forbidden to have any access or the SIDRA analysis prepared by Transcore, that egress (even a left out only) to Thomas Road; and accompanied the TIA. • That approval insisted upon the only entry to the However, in the interim the traffic congestion service station being on Kargotich Road, with a 160 remains, and was addressed in detail within the metre separation from the Thomas Road intersection. TIA. The findings of the TIA are summarised as follows: Both the Nicholson Road and Kargotich Road • The Caltex service station is conservatively intersections with Thomas Road are considered assumed to comprise 80% passing trade for light problematic and in need of upgrade to improve traffic vehicles and 90% of passing trade for heavy ability and safety, (Nicholson Road even more so as vehicles, estimated approximately 16 and 22 identified above). The Kargotich Road service station additional trips during the AM and PM peak approval required the intersection upgrade to be in period respectively. place (ie roundabout), and prohibited any access to • This level of traffic represents approximately 1% Thomas Road. This was insisted upon by Main Roads of additional traffic on Nicholson Road and and by the local authority as the only safe solution, Thomas Road. and was accepted by the developer. It is • The Thomas Road / Nicholson Road inconceivable that Main Roads and the planning intersection currently suffers from capacity authorities would adopt a different stance for this shortages during peak period, with the proposed Nicholson Road intersection, and potentially solution being the upgrade of the intersection to undermine the traffic ability and safety of this already a two lane roundabout as proposed by Main problematic intersection. Roads WA and the DPLH. 5. Impact on Thomas Road accessibility • Following construction of the Thomas Road / Nicholson Road intersection upgrades, the 10- year post development horizon demonstrated
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
adequate capacity and exceptional level of In addition to our assertion that Main Roads and the service Planning Authorities need to be consistent in
prohibiting new commercial crossovers to Thomas Congestion on Nicholson Road Road, we also note the following impacts on Thomas The traffic delays on Nicholson Road for Road: southbound movements for both pre- and post- a) The current access from the subject land to development have been noted within the DPLH Thomas Road is for residential purposes only. referral comments. Within this Changing this access point to a driveway for a service referral response, it was also acknowledged that station is a far more intensive use. For the application the modelling of the two-lane roundabout to suggest that this proposal will only increase the substantially improved the level of service for traffic flow by 16 and 22 trips during peak hour is these traffic movements, and the proposal was misleading. supported on this basis b) The current planning approval for the Oakford Traders site opposite permits a full movement Plan does not allow sufficient room for a large intersection until such a time as Thomas Road is roundabout duplicated. This application will remove this right from the owner as the intersection will be reduced to a left The ultimate design and land requirement will in left out only. ultimately be determined by Main Roads, and the amount of land required will be addressed once Main Roads complete detailed design of the intersection. The ultimate design concept has been designed with the input from Main Roads, based on the latest information available on the roundabout design. It is understood Main Roads is presently progressing detailed design of the roundabout, and any required modifications may be considered when further information is provided.
Restriction of access to left-in/left out.
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
The restriction of access to left-in / left- out
movement from both Thomas and Nicholson Roads was a requirement of Main Roads
6. Compromising rural living amenity context Amenity Whilst the application promotes the discretion that Increase in heavy trucks on Thomas and exists under the rural zoning of the local Town Nicholson Roads, and associated noise Planning Scheme, the application fails to evaluate the implications planning context of the subject site, namely: The increase in heavy vehicle traffic will occur as a result of the future freight connection to the a) The land lies within the rural living policy area under outer harbour, and Main Roads upgrading the adopted local rural strategy, where the objectives Thomas Road from a RAV4 to RAV6 status. are to accommodate residential uses in a rural setting, The increase in heavy vehicles will therefore restrict rural land uses that are not compatible with occur independent of the proposed Caltex maintaining residential amenity, and provide for low development. key tourism such as bed and breakfast accommodation; Appropriateness of 24hr trading. b) The land lies within the rural living zone proposed The hours of operation are an appropriate and under the Shire of Serpentine-Jarrahdale's draft Town expected operation for a service station fronting Planning Scheme No.4, which has been adopted for major arterial road networks, being Thomas Road advertising purposes at its December 2017 meeting, and Nicholson Road. and within that zone a service station is not permitted; Night time activity for the locality is established and through the subject site’s proximity to Thomas Road, which carries substantial road traffic at all c) In terms of land use and settlement pattern, the hours of the day. The Thomas Road traffic land lies within a rural residential area where amenity volumes are also predicted to increase due to the expectations are essentially residential amenity in a planned future connection to the outer harbour. rural setting. This further establishes the role of Thomas Road The rural residential properties that immediately as a major transport route. It is appropriate for a adjoin this subject site will suffer significant change to car-orientated business fronting a regional road to operate 24 hours.
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
their rural lifestyle amenity, especially with a 24hour Caltex patronage is expected to be service station facility that accommodates light and predominately passing trade, with 90% of heavy heavy vehicles with fuel, food and convenience retail vehicle and 80% light vehicle patronage options. The retail activity of people and their light and comprising vehicles already travelling on the road heavy vehicles at all hours of the day and night, along network. Caltex operating hours will therefore not with the associated direct noise and lighting impacts cause additional noise amenity impacts, but will not be able to be confined within !he boundaries rather just service the existing level of traffic. of this relatively constrained site and will therefore invariably impact on the immediately adjoining rural Impact on rural lifestyle and residential properties. amenity. The established existing level of amenity is In contrast, the other two approved service stations characterised by the proximity to the two major along Thomas Road are on the south side of the road, road networks of Thomas and Nicholson Roads, located in the broad acre rural area, with Thomas and the existing and proposed commercial Road as a buffer and separation distance. development fronting the intersection (including the development approved at Lot 196 immediately south of the subject site). The Caltex development predominately capitalises on passing trade, and in itself is not expected to generate a substantial amount of traffic. Amenity impacts beyond those already attributed to the major road networks are therefore expected to be minimal.
Light wash and installation of additional vegetation. The installation of additional 2.5 – 3m trees adjacent to the shared Lot 12 / Lot 50 boundary is agreed by the proponent. A mark up of the additional tree planting areas is provided at Appendix 3 of this report.
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
This is proposed to be addressed as a condition
of planning approval requiring the lodgement of a revised landscaping plan.
Other Matters Impede in the current business on the 7. Conclusion opposite site of the road. In view of the above submission and discussion, Commercial competition is not a valid planning Humich Nominees hereby respectfully requests that consideration. the Shire of Serpentine Jarrahdale recommend refusal of the application and the Joint Development Better sites elsewhere Assessment Panel in turn agrees with that the consideration of an alternative proposal is not recommendation and refuses the proposed a valid planning consideration. development application for the service station at Lot Regardless, the development application report 12 (No.1537) Thomas Road, Oakford, on the grounds has established that the subject site is an entirely that; appropriate located for the proposed Caltex development.
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
1. The proposal on this particular site is premature given the future plans and designs for the upgrading of both Thomas Road and the Nicholson Road intersection, and it is not appropriate for such future plans or designs to be constrained or impacted upon by this proposed development; 2. The Thomas Road and Nicholson Road intersection has the greatest number of crashes within the Shire and accordingly the significant upgrade to that intersection should occur, or be designed with a commitment and timeframe, prior to considering the granting of approval for such a land use activity to be located virtually on this particular intersection; 3. The requirements by Main Roads on a service station development approval issued at the Thomas Road and Kargotich Road intersection, particularly in relation to the prohibition on Thomas Road access and the separation distance required for the secondary road entry point, ought to be equally applied to this particular proposal; and 4. The application is inconsistent with the objectives of the Rural Living Zone proposed under the Shire of Serpentine Jarrahdale's draft Town Planning Scheme No. 4 advertised December 2017 5. The rural residential properties that immediately adjoin the subject land will suffer significant change to their rural lifestyle amenity, especially given the 24hr activity.
E18/3713 Ordinary Council Meeting 27 August 2018 OCM082.3/08/18 NEW SUMMARY OF SUBMISSIONS Thomas Road, Oakford 1537 (L12) 402008 - Proposed Service Station / Store - PA18/193
Officer Response/ Submitter No Submitter Comments Applicant Response Recommendation
6. If this application is approved there will be 3 service station sites approved in very close proximity 7. If this application is approved the land owner at Lot 196 Thomas Road Oakford will lose their full movement intersection currently permitted under their existing JDAP approval recently extended in January 2018. We trust that the above submission will be considered seriously by the Shire and by the JDAP, and we would be more than willing to discuss our abovementioned concerns with the assessing officers and decision makers directly. In the meantime, should you require any further information or advice on any aspect within this submission, please do not hesitate to contact the undersigned. Refer to Amenity M & E O’Callaghan I object to the 24 hour operation as it will only create section of report – 45 Vortilla Court noise and additional traffic at a time when we need condition required Oakford WA 6121 peace and quietness to address noise A234705 management.
E18/3713 Ordinary Council Meeting 27 August 2018