3 March 2009 HINDMARSH WARD 3.12* 18 FORSTER

Transcription

City of Charles Sturt
20.
TO:
Development Assessment Panel
FROM:
Team Leader Major Planning Assessment
DATE:
3 March 2009
DAP Report 3/03/09
HINDMARSH WARD
3.12*
18 FORSTER STREET. RIDLEYTON
Applicant
Mitchells Quality Foods Pty Ltd
Application No
252/2380/08
Proposal
Variation to hours of operation to allow the following:
6:30am to 9:30pm Monday to Friday (deliveries
between 6:30am and 6:00pm), 7:00am to 5:30pm
Saturday and Closed on Sunday
Owner of land
LNE Properties Pty Ltd
Zone
Industry Zone (Interface Policy Area 57)
Form of assessment
Merit
Public notification category
Category 2
Representations
1
The persons listed wish to be heard:
1.* E & A Lenart, 17 Forster Street, Ridleyton
Agency consultations
N/A
Author
Philip Smith
Attachments
a.
b.
Recommendation
Approval with Conditions
Application documents
Representations/Applicants response
3.12*
21.
18 FORSTER STREET. RIPLEYTON
DAP Report 3/03/09
(Continued)
Applicant: Mitchells Quality Foods Pty Ltd
Report
Background
Approval was granted for the use of the premises as a food packaging and distribution
centre in 1994. One letter of complaint was submitted to Council in 2008 relating to
commercial noise from the site in the early hours of the morning. The occupier of the site
was made aware of this issue and took the necessary steps to rectify the situation. The
current hours of operation are 6:30am to 2:00pm for food preparation and 8:30am to
5:00pm for office activity. Deliveries commence at 7:00am.
Proposal
The applicant proposes to vary the hours of operation of Lite N' Easy Quality Foods Pty Ltd
to allow the following:
Monday to Friday
(Deliveries)
Saturday
Sunday
- 6:30am to 9:30pm
- 6:30am to 6:00pm
- 7:00am to 5.30pm
- Closed
Site/Locality
The subject land is one of a number of commercial premises located on the southern side of
Forster Street. The site itself is approximately 495m^ in area and has car parking provision
for approximately 4 vehicles within the front setback. The building has a frontage setback of
approximately 12 metres which is consistent along the south side of the street and its
loading area is adjacent to the car parking area. The south side of Forster Street has a
number of trees planted along the property frontages and some trees have been planted
between the parking areas of the subject land and 16 Forster Street. There are parking
restrictions on the south side of the street (the industrial side). No vehicles may park on the
south side on Monday to Friday at any time of the day.
To the east and west of the subject land, similar buildings have been constructed, all
boundary to boundary, and of the same approximate height and setback and all for
commercial uses. These uses include a motor repairs shop, a timber joinery, a steel
fabrication workshop, and a warehouse distribution centre for furniture and other goods.
The north side of Forster Street consists of single storey dwellings that appear to be recently
constructed. Front setbacks of the dwellings are consistently shallow on this side of the
street and the street trees are not as"established as the trees on the opposite side of the
road.
3.12*
23.
DAP Report 3/03/09
(Continued)
Summary of Representations and Applicants Response
Representations
The proposal underwent the Category 2 Public Notification process from which the following
representations were received:
1.*
E & A Lenart, 17 Forster Street, Ridleyton
The representor/s marked with an * wish to be heard in support of their representation.
Note that as the proposal is Category 2, representors do not have a right of appeal in
relation to the decision of the Planning Authority.
Copies of the representations and the applicant's response are attached (refer Appendix B).
3.12*
24.
DAP Report 3/03/09
(Continued)
Representors issue
Applicant's response
Noise - The business often operates
at 4am, with vans and trucks engines
idling and loading is done outside in
the car parking area
Lite n' Easy (the trading name for Mitchells
Quality Foods Pty Ltd) has operated from these
premises on Forster Street for some 13 years
since being approved by Council in 1994 without
significant complaint from residential properties
opposite.
While there has been one complaint more
recently in respect to hours of operation resulting
from a garage collection vehicle, the contractor
responsible has been instructed not to collect
prior to 7:00am (it is understood there has been
no complaint since).
Lite N' Easy conduct their business in a low key
manner that does not result in appreciable off
site impacts in terms of noise, smell, odour, etc.
All activities are conducted within the building,
with the only appreciable effect of the business
being the movement of vehicles.
In a comparative sense, the use of these premises
has less potential for impact than other s in this
group which include a motor vehicle repair
workshop, a timber joinery, steel fabrication
workshop, warehouse distribution centre for
furniture and other goods.
The extent of hours until 9:30pm Monday to
Friday is considered reasonable in this context
notwithstanding that there are residential
properties opposite. The Environment Protection
(Noise) Policy 2007 defines 'daytime' as being
between 7am and 10pm.
Noise occurring within the site is not anticipated
to be beyond background noise such as traffic
and would not occur within the critical sleep
period over night.
The residences also share in the responsibility
that the uses in the locality do not affect their
amenity by installing noise protection measures,
which do not appear to have been implemented.
3.12*
25.
DAP Report 3/03/09
(Continued)
Representors issue
Applicant's response
Traffic/Parking - the allocated car
space doubles as the loading area,
thus staff park their vehicles in
Forster Street in front of homes. With
the extended hours it is assumed
there will be more staff
In terms of parking, there would be no greater
demand than that which currently is generated
by the current use of the land, with employees of
Lite N' Easy instructed not to park on the
northern side of Forster Street notwithstanding
their lawful ability to do so.
An extension until 9:30pm would provide the
necessary flexibility to respond to large orders on
an as required basis at peak times. Accordingly,
there may be no increase in the number of
employees, but rather an ability to offer overtime
to the existing staff.
Traffic associated with this use is limited to 10
times per week at present, and dispatch or
delivery vehicles making 1 return trip per day. No
heavy vehicles are used in conjunction with this
activity, being predominantly commercial vans
and refrigerated trucks not exceeding 6 tonnes.
Schedule 22 - This development
includes activities listed in Schedule
22 of the Development Regulations
1993 and is inappropriate for an
Interface Policy Area
The use of the land does not include activities
identified in Schedule 22 of the Development
Regulations 2008 and has previously been
considered by Council as being an appropriate
activity within the Policy Area.
Lite N' Easy involves no heavy mechanical or
industrial processes, no intensive cooking or
processing, but rather the assembly and packing
of meals using component ingredients that are
either fresh or frozen
Agencv Consultation
Agency
Response
N/A
N/A
Internal Consultation
Department/Staff
N/A
Response
N/A
3.12*
26.
DAP Report 3/03/09
(Continued)
Development Assessment
The proposal is neither a complying nor non-complying form of development and must be
considered on its merits against the relevant provisions of the Development Plan. The
Development Act 1993 provides that a Planning Authority is to have regard to the relevant
provisions of the Development Plan in assessing development proposals.
Land Use
INDUSTRY ZONE
Activity Interfaces with Adjoining Areas
Principle of Development Control 8 - Development abutting or immediately opposite a
boundary of the Industry Zone with another Zone should:
(a)
be designed and sited to enhance the amenity of the adjacent zone;
(b)
provide a buffer in the form of landscaping, attractive fencing, built form or other
similar means between any car parking, service area, outdoor storage area or any
other unattractive area and the adjacent zone;
(c)
provide an acoustic buffer between any excessive noise generating part of the
development and the adjacent zone to satisfy noise Principle 49;
(d)
provide service or delivery vehicle access points to and from the site which
minimises the impact of industrial vehicles on the amenity of residential or similar
environmentally sensitive zones.
Principle of Development Control 11 - Where industry and residential zones or other
environmentally sensitive uses are in proximity to boundary of the Industry Zone with
another Zone, development within a reasonable distance from the Zone boundary should
have regard to its impact on the locality. Although future planning and development
control aims to achieve the desired future character of each Zone and Policy Area,
decisions should enable reasonable graduations between industrial to residential or other
sensitive land uses.
Use of Land
Principle of Development Control 2 - Land uses which demonstrate minimal off-site
impacts, such as noise, air, water and waste emissions, traffic generation and movement
or minimal detrimental impacts on the amenity of properties in residential or similar
environmentally sensitive zones, are appropriate.
3.12*
27.
18 FORSTER STREET. RIPLEYTON
DAP Report 3/03/09
(Continued)
The provisions require that a premises in the industrial zone adjacent to more sensitive use
type zones, such as residential, have regard to these sensitive uses when carrying out their
activities, however residential areas should also take measures to ensure their own amenity.
The activity occurring on the land is a low impact operation (the packaging and distribution
of meals), which generates very little noise and has minimal numbers of vehicles coming
onto and leaving the site and negligible loading and unloading impacts to nearby residences.
It is noted that the representor's dwelling is some 50 metres from the subject land. It is also
noted that the dwellings were developed in the early 2OOO's, while the industrial use has
been in existence since the early 199O's. The most important aspect of this application is
that the extension of hours relates primarily to food preparation activities that take place
within the premises, and thus, additional noise emanating from the site should be negligible.
On this basis, it is considered that development satisfies the relevant principles, thus is
acceptable.
Visual Appearance/Built Form/Landscaping
This topic is not impacted by this development.
Overshadowing
Overlooking
Amenity/Hours of Operation
The area accommodates variety in use, built form, appearance and amenity. Uses
comprise warehousing and distribution, industrial, commercial, retail, manufacturing,
engineering, automotive service, offices, storage and a number of depots. A number of
activities are of small or medium scale operation whilst there are a number of large
industrial premises.
Parts of the Policy Area provide a transition between the Core Policy Area and adjoining
residential areas. Areas in proximity to the Adelaide CBD are valuable for activities which
require an inner city location. A number of areas have intermingled residential uses, which
exp'erience industrial impacts in terms of visual amenity, noise and traffic. In Athol Park,
remaining residential uses represent an impediment to efficient industrial activity.
3.12*
28.
DAP Report 3/03/09
(Continued)
Much of the Policy Area has residential interface, with a number of areas having interface
with the River Torrens. Impact on residential amenity is often not significant due to the
low impact nature of many of the activities. In some locations, the impact of larger
structures is reduced by significant tree planting, landscaped buffers and separation from
other uses by, for example, major roads. However, a number of residential areas do
experience impact from some activities in terms of visual appearance, building bulk,
minimal landscaping, noise, air quality, overshadowing, 24 hour operation, industrial
traffic and on-street carparking. Hazard risk is associated with a small number of premises.
Proximity to residential areas also acts as a constraint on industrial operations.
Built form is variable, comprising modern, well designed and well landscaped premises,
large modern premises, older sawtooth roof factory buildings and smaller, lower scale
premises. A number of historic buildings are located throughout the Policy Area. Whilst a
number of areas have a modern, well landscaped appearance, a number of areas have a
low standard of amenity, poor landscaping and streetscapes and a poor environmental
quality. Many areas have frontages to main roads, some of lesser amenity.
DESIRED FUTURE CHARACTER
The area should accommodate a wide range of industrial and service activities which
protect the amenity and safety of adjoining residential areas. The area should
accommodate activities that do not create any appreciable nuisance, that have minimal
off-site impacts, such as noise, air, water and waste emissions, traffic generation and
movement and which do not have a detrimental impact on the amenity of properties in
residential or similar environmentally sensitive zones. Appropriate activities include
service, light manufacturing, warehousing and distribution and commercial premises.
Activities which are potentially hazardous or produce negative off-site impacts should not
locate in this Policy Area. This area should be protected from the encroachment of houses
which will reduce the land resource for industry. Dwellings retained for residential use
should recognise the industrial location and implement sound attenuation, screening and
other measures to protect their own residential amenity. In Beverley north of BASA
Stadium, conflicts between intermingled housing and industry are recognised and should
be minimised. In Welland, the phasing out of the refuse depot is desirable.
The relevant provisions require that any conflict between competing uses such as industrial
and residential seek a suitable balance. Industrial uses should seek to minimise adverse
impacts to residential areas wherever possible while it is reasonable for landowners in
residential areas to expect some impact on their amenity as a result of their location in
proximity to industrial zoned areas.
Lite n' Easy (the trading name for Mitchells Quality Foods Pty Ltd) has operated from these
premises on Forster Street for approximately 13 years since being approved by Council in
1994 with no history of complaints other than a complaint lodged in 2008 relating to noise.
The contractor responsible has been instructed not to collect refuse prior to 7:00am and it is
understood there has been no complaint since.
3.12*
29.
DAP Report 3/03/09
(Continued)
The applicant states that Lite N' Easy conduct their business in a low key manner that does
not result in appreciable off site impacts in terms of noise, smell, odour, etc. All activities are
conducted within the building, with the only noticeable external aspect of the business
being the delivery vehicles and loading/unloading.
As stated earlier in the report, other premises nearby, which include a motor vehicle repair
workshop, a timber joinery, steel fabrication workshop, warehouse distribution centre for
furniture and other goods, are considered to be of a more intensive industrial nature, and
therefore are likely to have greater impacts.
The extent of hours until 9:30pm Monday to Friday is considered reasonable in this context
as there are no deliveries after 6pm. Noise occurring within the site is not anticipated to be
beyond background noise such as traffic and would not occur while most people are
sleeping. The provisions also state that residential areas in proximity to industrial areas
share the responsibility for ensuring their amenity is not adversely affected by industrial
noise by carrying out measures such as installing double glazed windows for example. In
other words, the onus for amenity loss in residential areas does not rest solely with
industrial premises. A condition could be imposed to ensure doors/windows are kept closed
prior to 7:00am.
On this basis, it is considered that the applicant has satisfied the relevant provisions relating
to amenity/hours of operation and the proposed extended hours are appropriate for the
locality.
It is recommended that a note be placed on the approval reminding the applicant that all
activities occurring within the subject land through this use of the site must be in accordance
with EPA Regulations at all times.
Significant Trees
Heritage
Environmentally Sensitive Design
This topic is not Impacted by this development.
Stormwater Management
3.12*
30.
DAP Report 3/03/09
(Continued)
Traffic ManaRement and Parking
Transportation (Movement of People and Goods)
Council Wide Objective 29: A road system which separates industrial traffic from
predominantly residential areas.
Council Wide Objective 30: A compatible arrangement between land uses and the
transport system which will:
(a)
(b)
(c)
(d)
ensure minimal noise and air pollution;
protect amenity of existing and future land uses;
provide adequate access; and
ensure maximum safety.
The relevant provisions require that the transportation system be appropriate for the
industrial land while taking into account any adjacent sensitive uses and protecting the
amenity of those uses wherever possible.
In terms of this application, it is noted that Forster Street forms the boundary between the
Industry Zone and the Residential Zone. Furthermore, it is also noted that the use of the site
has been previously approved by Council and that it has been operating at this site since
1994. Car parking provisions and traffic management within the site would have been
considered under this approval.
The applicant has stated that there will be no additional staff required as a result of the
extended hours of operation, thus there should be no impact to on street parking in Forster
Street. Between 6:00pm and 9:30pm there would be no deliveries, thus there would only be
staff on site. It is considered that the traffic generated from the 4-5 staff members would be
minimal and fits within usual sound of normal traffic on this public road.
On this basis, it is considered that the application does not raise any additional matters to
take into account relating to traffic management or car parking provision.
Crime Prevention
Waste Management
This topic is not impacted by this development, however it is considered reasonable that
waste removal may not occur prior to 7:00am Monday to Friday therefore this will be made
a condition of the approval.
Site Contamination
City of Charles StuIt
3.12*
31.
DAP Report 3/03/09
(Continued)
Conclusion
This application has been assessed against the Charles Sturt Development Plan dated 4
September 2008.
The proposed development suitably addresses possible external noise impacts associated
with extended operating hours by ensuring that delivery/loading times do not occur after
6pm and that food preparation activities are restricted to 9:30pm and contained within the
building to safeguard the amenity of residences across the street. The south side of the
Forster Street comprises a mix of uses, most of which would likely have a greater impact on
the amenity of the residences on the north side of the street than the use associated with
this application. On street car parking should not be impacted as there is no increase in staff
numbers. On this basis, the proposal is considered to be an appropriate form of
development within the Industry Zone Interface Policy Area 57 and warrants support.
Recommendation
A.
That pursuant to Section 35 (2) of the Development Act, 1993, the proposal is not
seriously at variance with the relevant provisions of the Charles Sturt (City)
Development Plan consolidated 4 September 2008.
B.
That pursuant to Section 33 of the Development Act, 1993, Development
Application Number 252/2380/08 be GRANTED Development Plan Consent subject
to the following conditions:
1.
Develop in accordance with the approved plans
That the proposal shall be developed in accordance with the details and
approved plans stamped by Council except where varied by the conditions
herein and shall be completed prior to occupation of the proposed
development.
Reason:
2.
To ensure the development proceeds in an orderly manner.
Hours of Operation A
The hours of operation of the premises shall not exceed the times:
6:30am to 9:30pm Monday to Friday
7:00am to 5:30pm Satur'day
Closed Sunday.
Reason:
To preserve the amenity of the locality.
City of Charles StuIt
3.12*
32.
3.
DAP Report 3/03/09
(Continued)
Hours of Operation for Commercial Vehicles
That all commercial/delivery vehicles to and from the site be restricted to
the following hours:
Monday to Friday - 6:30am and 6:00pm.
Waste Removal - Monday to Friday 7:00 am to 6:00pm.
Reason:
4.
Doors and Windows Be Kept Closed
That the doors and windows be kept closed at all times whilst machinery is
in operation.
Reason:
Notes
You are advised that the proposed activity must comply with the
requirements of the Environment Protection Act and Regulations at all
times.
3.12*
33.
DAP Report 3/03/09
APPENDIX A
[Appendix A consists of 38 pages]
CivkCcntn
IS5 Si> Donald eiairnsn Drive
Hillon. SA S033
Td 08 84166333 Oty of MMSt i a m « »
r « 08 8443 5709
EmaU
Development Application
Development Act 1993
Development number: 211/
Previous development number:
1. Application type (please tick one box only)
Planning consent only
*^\
Building rules consent only
D
Full Development Approval
2. Location of proposed development:
Unit No:
House no: \%t a p Street: ffcfZSsr^
Volume: ^ | ^2-
Folio:
^
^^
P/code:
Suburb: Pft^t-e^-ftD^^
3. Details of parties
Applicant:
1 P/code: S^PDO
Address: ^ Phone:
'
Mobile: 0*fo7 D(*f 7 ^ 6
£>Z3/ ^ 5 0 O
Emaii:<fjUf(
^LyBi\t{l\HofO*\r<'i^4-
'
\
(J
P/code:
ifobt>
Address: C^ t f e V ^ / t/>iTDb1î/<t4& ^ ^ 5nAT\o*sl S K 2 € K ^ , hs/DOOCcCPi U L f
Owner: {,|L.
Phone:
Builder:
Mobile:
'
Email:
U
Address:
P/Code:
Phone:
Mobile:
Principal contact:
Applicant j
Email:
|
Builder
Owner
4. Description of proposed development
Description of proposed development - (eg: dwelling, shop, industry, significant tree):
-to
Developnnent costs: (does not include any fit out costs):$
Note: Council may require written justification to verify costs.
Floor area:
5. Declarations
a. Building rules: -
Classification sought:
Present Class:
b. If class 5,6,7,8 or 9 is sought state the proposed number of employees:
Male
Female
CD
c. If class 9a classification is sought, state the numt)er of persons for whom
accommodation is provided:
d. If class 9b classification is sought, state the proposed number of occupants
of the various spaces at the premises:
e. Does either Schedule 21 or 22 of the Development Regulations 1993 apply?
Yes
No
f. Has the 'Construction Industry Training Fund Act levy been paid?
Yes
No
6. Acknowledgment / Authorisation
I acknowledge that copies of this applicatbn and support documentatio
persons in accordance with the Development Act and Regulations 19 '
Name:
HtTfrtt^VtS
QJMJIX*^
Owner / Applicant / Builder
Forni: Development application
ided to interested
Trac^'PTy crt>.Signature:
(Delete whichever does not apply)
Page 1 of 1
Date:
Date last modiTied 25/07/2008
RECEIVED
- 2 SEP 2008
CITY OF CHARLES STURT
Development application fee
guide
CivkCentre
165 S I Donald Bradmai Drive
Hilton. SAS033
l U 08 8416 6333 CHy of W K t l a m i H
F M OS 8443 5709
Email citymgrOwtcc-sa.gov.av
v»vvw.wtcc.sa.gov.au
Schedule 6 of the Development Regulations
Fee values as at 1 July 2008
Lodgement
Fee rate
Development cost up to $5,000
$48.50
Development cost more than $5,000
$103.50
Additional lodgement for non-complying
$77.50
Additional lodgement for separate consents
$48.50
Building Rules Consent only from Council
$51.50
Development Plan Consent
Fee rate
Consent
$30.25
Development cost $10,000 to $100,000
$83.00
0.125% of cost
Non complying
Administration fee
$98.50
$41.50
Development cost $10,000 to $100,000
$98.50
Public notification
0.125% of cost
Category 2 / 2A / 3
$83.00
Advertisement fee
$450.00
Referral
Development cost up to $1,000,000
$173.00
Development cost more than $1,000,000
$288.00
Building Rules Consent
Fee rate
Minimum fee $51.50
Class 1,2,4
Dwelling additions
Class 3,5,6
Fee rate
Demolition
Building
m^ X $0.45
m^x$2.28
Offices and shops
m^x$0.61
m^x$3.03
Class 7,8
Warehouses and factories
m='x$0.40
m^x$2.01
Class 9a and 9c
Health and aged care
m^x$0.69
m^x$3.44
Class 9b
Assembly buildings
m^x$0.63
m^x$3.13
Outbuildings
m^x$0.14
m^x$0.68
Class 10
$34.75
Certificate of occupancy
$75.00
Essential safety provision
Fee rate
Other
CITB levy if development costs are more than $15,000
0.25%
Copy of Certificate of Title
$20.00
Extended approval period
$77.50
Note: Other fees may be applicable, depending on the nature of the development. These will be
determined as part of the initial assessment. Applicants will be advised if additional fees are required.
Form: Development application
Page 4 of4
PDIO
Date last modified 18/06/2008
76-7S
DEVELOPMENT REGULATIONS 1993
t6S Sir Oonald SrMman Ome
Hilton. $A 5033
Form of Declaration
(Schedule 5 clause 2A)
Tel OS £416 6333
F « 08 8443 S7O9
CmaU citynigrO>fl«icC-Sa.gov.au
Website www.wtcc.s3.
Date of Application:
I
I f
I
Given
Name:
Applicant
Family
Name:
Lot No:
Address
House
Street:
^Suburb:
P/Code:
rfVolume:
Foiio:
Nature of proposed development:
_being theappiicant/a personjtctinq on
tiehalf of the applicant (delete the inapplicable statement) for the development described above
declare that the proposed development will involve the construction of a building which would, if
constructed in accordance with the plans submitted, not be contrary to the regulations
prescribed for the purposes of section 86 of the Electricity Act 1996. \ make this deciaration under
clause 2A(1) of Schedule 5 of the Development Regulations 1993.
Note1
This declaration is only relevant to those development applications seeking authorisation for
a form of development that involves the construction of a building (there is a definition of
'building' contained in section 4(1) of the Development Act 1993, other than where the
development is limited to a)
b)
an internal alteration of a building; or
an alteration to the walls of a building but not so as to alter the shape of the
building.
Note 2
The requirements of section 86 of the Electricity Act 1996 do not apply in relation to:
a)
b)
a fence that is less than 2.0 m in height; or
a service line installed specifically to supply electricity to the building or
structure by the operator of the transmission or distribution network from
which the electricity is being supplied.
Note 3
Section 86 of the BectricityAct 1996 refers to the erection of buildings in proximity to
powerlines. The regulations under this Act prescribe minimum safe clearance distances that
must be complied with.
Note 4
The majority of applications will not have any powerlines issues, as normal residential
setbacks often cause the building to comply with the prescribed powerline clearance
distances. Buildings/renovations located far away from powerlines, for example towards the
back of properties, will usually also comply.
Particular care needs to be taken where high voltage powerlines exist; where the
development:
•
•
•
is on a major road;
commercial / industrial in nature; or
built to the property boundary.
Note 5.
Information brochures 'Poweriine Clearance Declaration Guide" and 'Building Safely Near
Powerlines' have been prepared by the Technical Regulator to assist applicants and other
interested persons. Copies of these brochures area available from council and the Office of
the Technical Regulator. The brochures and other relevant information can also be found at
www, technicalrequiator. sa. qov. au
Note 6
In cases where applicants have obtained a written approval from the Technical Regulator to
build the development specified above in its current form within the prescribed clearance
distances, the applicant is able to sign the form.
PLN/06/0024
Ridleyton 0356 002
1 September 2008
Town Planning
Development Advice
Strategic Management
Mr Adam Mrotek
Manager Development Assessment
PO Box 1
WOODVILLE SA 5011
Dear Adam
DEVELOPMENT APPLICATION - VARIATION TO HOURS OF OPERATION
Further to discussions and conrespondence with Ms Merryn Walton, Compliance Officer with
Council, and as foreshadowed, please find enclosed a completed Development Application
Form that seeks planning consent to vary the hours of operation associated with the existing
use of the premises located at 18 to 20 Forster Street, Ridleyton.
Background
Council previously granted planning consent to use these premises for the preparation and
distribution of food. The businesses that has taken the benefit of this consent and has been
trading from these premises for some 13 years, is known as Lite n' Easy and is involved in
the preparation and distribution of nutritional meals.
Further infomiation regarding Light n' Easy in terms of the nature of the meals prepared and
distributed can be found at www,LltenEasv.com.au Lite n' Easy is an Australian owned
company that is focused towards and assist in weight loss programs with pre prepared meals
for Client that are tailored to their specific dietary needs
Mitchells Quality Foods Pty Ltd is the entity that holds the lease over these premises and is
responsible for pursuing this application for variation to the hours of operation. I have been
engaged by Mitchells Quality Foods Pty Ltd to present their application and provide an
assessment against the relevant provisions of the Charles Sturt (City) Development Plan.
Previous Consent
The previous consent for use of these premises was issued by Council in November 1994.
This consent was subject to one condition which refers to documentation provided by the
Applicant in support for the proposal, being a letter from Mr Neville Presnell of Lite n' Easy
dated 12 October 1994. A copy of these documents is enclosed.
This letter to the then City of Hindmarsh and Woodville (now the City of Charles Sturt)
provided an indication as to the intended hours of operation being from 6.30 AM to 2.00 PM
for food preparation, and 8.30 AM to 5.00 PM for the office activity. Deliveries were to
commence from 7.00 AM.
Phillip Brunning & Associates
25 Norm Slreei
ffiaide SA 5000
iBOS 823t S300
Hif) 0407 0*9 M «
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It is interesting to note the exact wording of this condition:
"1.
That pursuanttoSection 83 of the Development Act 1993, provisional planning consent be
granted to Development Application Number 251/ in accordance with the plans and detail
accompanying that application."
The reference to and reliance on Section 83 of the Act in respect to the imposition of a
condition is incorrect. Putting to one side this technical deficiency, Section 42 of the Act
does provide for the relevant authority should it see fit the power to infipose a condition on
development in respect to the use of land.
The test for validity of any condition of approval to be imposed is for what planning purpose?
The planning purpose of this condition was not articulated by Council at the time, but rather a
global reference relied upon in respect to the letter from the Applicant which was provided in
general support of the proposal.
I am advised by my Client that the stated hours were not intended as being definitive or
limiting, but rather as an indication of that which may reasonably be anticipated based on the
nature of the business at the time. Some 13 plus years have now passed and it is necessary
to review these hours and response to the contemporary needs of the business.
The Applicant therefore respectfully advises that they seek to reserve their right to apply to
the Court if necessary, in order to preserve their position should this application for a
variation to the hours of operation is not successful, on the basis that the original condition
imposed by the Council is vague, flawed, and unreasonable in its extent.
Proposal
Prior to setting out the intended hours of operation sought by this Development Application, it
is important to note that these business premises on Forster Street have been in existence
for many years now, prior to the development of the land on the northern side of Forster
Street for residential housing.
Whilst I do not seek to unduly assert the primacy argument in temis of land use, we do think it
necessary to approach the assessment of this proposal with some equity and fairness in mind,
in so far as while residents opposite have a fair and reasonable expectation to amenity, such
should not be at the disproportionate expense of these long standing businesses.
The Applicant therefore seeks planning consent (on a without prejudice basis) to operate the
approved use of land within the following hours so as to realise its economic potential and
best satisfy the needs of its customers. I note that the cun-ent approved hours do not
preclude operation on Saturday or Sunday.
•
•
•
6.30 AÂ till 9.30 PM Monday to Friday (deliveries between 6.30 AM and 6.00 PM)
7.00 AM till 5.30 Saturdays
Closed on Sunday
Other than for the hours of operation, the existing use would continue to be conducted in the
current manner which is contained with the buildings, involves no heavy mechanical or
industrial processes, no intensive cooking or processing, but rather the assembly and
packaging of meals using component ingredients that are either fresh or frozen.
pbo
I am led to believe that the basis for the complaint on which Council's compliance officer
acted, was due to the early morning attendance of a waste removal vehicle. The noise
generated by this vehicle collecting bins has apparently disturbed a resident/s during the
eahy moming period.
Appropriate steps have been taken by the Applicant to instruct the waste contractor not to
attend before 7.00 AM and that this direction has been observed, with no repeat
performance of the previous incident. I note that there has been no ongoing complaint either
directly to Lite n' Easy or the Council.
Development Plan
The subject land is located witfiin the Industry Zone of the Charles Sturt (City) Development Plan
and more particularly within the Industry Zone (Interface Policy Area 57) as depicted on Maps 16
and 38. The land to the northern side of Forster Street is located within the Residential Zone
and the Residential Zone (Inner Suburban Policy Area 1)
The narrative for the Interface Policy Area 57 includes the following (mv emphasis):
The area aaxnvnodates variety in use, built form, appearance and amenity. Uses comprise warehousing
and distribution, industrial, comrrteroial, retail, manufacturing, engineering, automotive service, offices,
storage and a number of depots. A number of activities are of small or medium scale operation whilst there
are a number of large industrial premises.
Parts of the Policy Area provide a transition between the Core Policv Area and adioinina residential areas.
Areas in proximity to the Adelaide CBD are valuable for activities which require an inner citv location. A
number of areas have intermingled residential uses, which experience industrial impacts in terms of visual
amenity, noise and traffic. In Mhol Park remaining residential uses represent an impediment to efficient
industrial activity.
Much of the Policy Area has residential interface, with a number of areas having interface with the River
Torrens. Impact on residential amenity is often not significant due to the low impact nature of many of the
activities. In some locations, the impact of larger structures is reduced by significant tree planting,
landscaped buffers and separation from other uses by, for example, major roads. However, a number of
residential areas do experience impact from some activities in temis of visual appearance, building bulk,
minimal landscaping, noise, air quality, overshadowing, 24 hour operation, industriai traffic and on-stteet
carparking. Hazardriskis associated with a small number of premises. Proximity to re^dential areas also
acts as a constraint on industrial operations.
Moreover, the Desired Future Character Statement for the Interface Policy Area 57
articulates the following
The area should accommodate a wide range of industriai and service activities which protect the amenity
and safety ofadioining residential areas. The area should accommodate activities that do not create any
appreciable nuisance, that have minimal off-site impacts, such as noise, air, water and waste emissions,
traffic generation and movement and which do not have a detrimental impact on the amenity of properties in
residential or similar environmentallv sensitive zones. Appropriate activities include service, light
manufacturing, warehousing and distribution and commercial premises. Activities which are potentially
hazardous or produce negative off-site impacts shouid not locate in this Policy Area. This area should be
protected from the encroachment of houses which wiii reduce the land resource for industry. Dwellings
retaihed for residential use should recognise the industrial location and implement sound attenuation,
screening and other measures to protect their own residential amenity. In Beveriey north ofBASA Stadium,
confiicts between intermingled housing and industry are recognised and should be minimised. In Welland,
the ptiasing out of the refuse depot is desirabie.
This area should devekip as a high quality industrial and warehousing area with good quality built form and
landscaping. Development should achieve a high standard of appearance and design and, where sought.
pbo
should incorporate extensive landscaping to enhance visual amenity. Well landscaped streetfivntagesare
sought in many areas whilst a more intimate character is sought in a number of locations with well designed
buildings located virith minimal or no sett)ack, reflective of the established character of these locations.
Larger scale structures are appropriate within the centre of areas. The area shmjidbe enhanced through the
incorporation of landscaping, particularly along residential interfaces.
The Desired Future Character is reinforced in terms of land use by Principle 2.
2
Land uses which demonstrate minimal off-sffe impacts, such as noise, air, water and waste
emissions, traffic generation and movement or minimal detrimental impacts on the amenity of
properties in residential or similar environmentally sensitive zones, are appropriate.
The key message from these provisions is:
•
•
•
•
this is a valuable location for smail to medium sized business;
the policy area is at the interface with residential areas;
the proximity to residential areas is a constraint on industrial activities; and
industrial and commercial uses should not result in appreciable off site impacts
The Applicant is fully aware of the context in which they operate and conduct their business
in a low key manner that does not result in appreciable off site impacts in temis of noise,
smell, odour, etc. All activities are conducted within the building, with the only appreciable
effect of the business being the movement of vehicles.
Traffic associated with this use is low with delivery vehicles limited to 10 times per week at
present, and dispatch or delivery vehicles making 1 return trip per day. No heavy vehicles
are used in conjunction with this activity, being predominantly commercial vans and
refrigerated trucks not exceeding 6 tonnes.
In a comparative sense, the use of this premises has less potential for impact than others in
this group which include a motor vehicle repair workshops, a timber joinery and steel
fabncation workshop, warehouse distribution centre for furniture and other goods.
The Applicant does not anticipate any concern being expressed from residents opposite the
site in respect to noise nuisance due to the low key nature of the use, the minimal use of
machinery, and that it is fully contained within the building and not audible from outside the
premises.
The extent of hours until 9.30 PM Monday to Friday is considered reasonable in this context
notwithstanding that there are residential properties on the other side of Forster Street. I
note the Environment Protection (Noise) Policy 2007 defines day time as being between 7.00
AM and 10.00 PM.
To the extent that noise may occur, such is not anticipated to beyond background noise
including that resulting from traffic, and would not occur within the critical sleep period over
night. If necessary, the Applicant may engage the services of an acoustic engineer in order
to confirm this expectation.
In so far as industry has an obligation to ensure that noise generated by activities on site
does not impact on the amenity of nearby residential properties, residential development has
a shared responsibility to take reasonable precautions and measures to limit the potential
distribution that noise may cause.
pbo
I draw your attention to Objective 5 for the Residential Zone that seeks:
Objective 5:
Development on major roads, adjoining industrial, centre and mixed use zones and near
railway lines or airport flight-paths designed to minimise the impact ofndse and to not
unduly restrict ndse generating activities.
In approving these residential dwelling opposite, Council would appear not to have required
noise protection measures or if such were required, they do not appear to have t}een
implemented. Ultimately however, an additional level of protection need not be provided
given the low key nature of the uses opposite.
Public Consultation
We note that this application is likely to be assigned Category 2 for the propose of public
notification procedures under Section 38 of the Development Act, 1993 which would provide
the owners and occupiers of land adjacent to make representation in respect to this proposal
for a variation to the hours of operation.
We welcome the feedback of the residents in respect to the past performance of this existing
use and their views in respect to the proposed extended hours of operation. As necessary,
we will respond in detail to any questions or concerns that may arise from this consultation
process.
Once again in respect to early morning disturbance from waste collection vehicles, I reaffirm
that the Applicant has issued strict instructions to the contractor not to pick prior to 7.00 AM
and that to their knowledge this time limit is being observed and that no complaint has been
received by Council in recent months.
We look forward to your reply and decision in respect to this application.
Yours faithfully
PHILLIP BRUNNING & ASSOCIATES PTY LTD
PHILLIP BRUNNING MPIA
Certified Practising Planner
Subject Land
18 & 20 Foreler Street,
Rtdleyton
Locality Plan
FLOOR
PLAN
SCALE
1:100
ADJOININaPREMISea
r—ti
PROPOSED NEW FREEZER
13000
CVQt C(l5t1N0 OftTAL
m n O l T D EW CERS
1 EPORT
ND» tman MOWP
f U8MT rmiHB
740
DOORS TO BE CONFlRMEir
STORE AREA
NEWBKr
EUEMIMCY
tMERoiNor uoHT rmmo
FLOOR
PUN
coomooM
StWT
ROOM
SCALE 1:100
ROOR
PUN
SCALE 1:100
Title Register Search
LANDS TITLES OFFICE, ADELAIDE
For a Certificate of Trtle issued pursuant to the Real Property Act 1886
REGISTER SEARCH OF CERTXFIC&TE OF TITLE
COST
: $17.40 (GST exenpt )
REGION : EMAIL
AGENT : PUSH
BOX NO : 000
SE2VRCHED ON : 01/09/2008 AT : 13:04:52
CLIENT REF 0356
* VOLUME 5152 FOLIO 79
PAKEHT TITLE
AUTHORITY
DATE OF ISSUE
EDITION
:
:
:
:
CT 5134/479
T
7558030
29/10/1993
5
REGISTERED PROPRIETOR IN FEE SIMPLE
LNE PROPERTIES PTZ. LTD. OF C/- LEVEL 2 LANTOS PLACE 49 STATION STREET
INDOOROOPILLY QLD 4068
DESCRIPTION OF LAND
ALLOTMENT 10 FILED PLAN 5743
IN THE AREA NAMED RIDLEYTON '
HUNDRED OF YATALA
EASEMENTS
SUBJECT TO PARTY HALL RIGHTS OVER THE LAND MARKED B AND C (T 4942097 AND T
7558030 RESPECTIVELY)
TOGETHER WITH PARTY VKLL RIGHTS OVER THE LAND MARKED A Am) D (T 4942097
AND T 7558030 REPECTIVELY)
SCHEDULE OF ENDORSEMENTS
NIL
NOTATIONS
DOCUMENTS AFFECTING THIS TITLE
NIL
REGISTRAR-GENERAL'S NOTES
NIL
END OF TEXT.
Page 1 of 2
The Registrar-General certifies that this Title Register Search displays the records
maintained in the Register Book and other notations at the time of searching.
LANDS TITLES OFFICE ADELAIDE SOUTH AUSTRALIA
DIAGRAM FOR CERTIFICATE OF TITLE VOLUME 5152
FOLIO 79
SEARCH DATE: 01/09/2008 TIME: 13:04:52
FORSTER
STREET
11-43
19-88
o
vo
010 0-10
0-10 0-10
10
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11-25
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881
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6
9
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Page 2 of
12 Metres
I
2
Title Register Search
LANDS TITLES OFFICE, ADELAIDE
For a Certificate of Title issued pursuant to the Real Property Act 1886
REGISTER SEARCH OF CERTIFICATE OF TITI.E
COST
: $17.40 (GST exempt )
REGION : EMAIL
AGENT : PUSH
BOX NO : 000
SEARCHED ON : 01/09/2008 AT : 13:07:35
CLIENT REF 0356
* VOLI]ME 5152 FOLIO 80
PARENT TITIJE
AUTHORITY
DATE OF ISSUE
EDITION
:
:
:
:
CT 5134/479
T
7558030
29/10/1993
4
REGISTERED PROPRIETOR IN FEE SIMPLE
ALLTRACK AUTOMOTIVE PTY. LTD. OF 194 MAGILL ROAD NORNOOD SA 5067
DESCRIPTI(»T OF LAND
ALLOTMENT 11 FILED PL2UT 5743
IN THE AREA NAMED RIDLEYTON
HUNDRED OF YATALA
EASEMENTS
SUBJECT TO PARTY HALL RIGHTS OVER THE LAND MARKED E AND D (T 4600518 AND T
7558030 RESPECTIVELY)
TOGETHER WITH PARTY KALL RIGHTS OVER THE LAND MARKED F KHID C (T 4600518
AND T 7558030 REPECTIVELY)
SCHEDULE OF ENDORSEMENTS
9718651
10289194
MORTGAGE TO PERMANENT TRUSTEE AUSTRALIA LTD.
TRANSFER OF MORTGAGE 9718651 TO PERPETUAL TRUSTEE CO. LTD.
NOTATIONS
DOCUMENTS AFFECTING THIS TITLE
NIL
REGISTRAR-GSaiERAL' S NOTES
NIL
END OF TEXT.
Page 1 of 2
The Registrar-Generai certifies that this Titie Register Search displays the records
maintained in the Register Book and other notafions at the time of searching.
LANDS TITLES OFFICE ADELAIDE SOUTH AUSTRALIA
DIAGRAM FOR CERTIFICATE OF TITLE VOLUME 5152
FOLIO 80
SEARCH DATE: 01/09/2008 TIME: 13:07:35
FORSTER
STREET
LU
<:
Q
O
O
DP.
0
881
3
6
9
Page 2 of 2
12 Metres
3.12*
34.
DAP Report 3/03/09
APPENDIX B
[Appendix B consists of 7 pages]
t
jiisiiiiiiiilili
Statement of Representation
Pi/rswanftoSecf/on 38 of f/)e Development Act 1993
Under tiie Developnient M. 1993, any person who desires to do so may, in accordance with the reguiafioris, make a
representation in writing to the relevant authority in relation to the granting or refusal of consent ibr a Category 2 or Category
3 development application. To submit a statement of representation, this form must be completed.
1. Development Number
2. Person(s) making representation:
Uam: (iMArs/Ms) M
Street Address: /? fnni/&^
6keet
. HidlMf^r.n
SA
Postal Address fif differenttoabove): _ L
Email: tdla,-nf^rjflfajjneJ. ccm au
Phone: %ÂOAZ(£,
Mobile:
Fax:
Nature of interest in development (eg adjoining r>5sident, owner of land in vidnity or on behalf of organisation or company):
/c nHock/rf
Issues that I/we would like to raise:
These issues wgiM be overcome by (state action sought):
k>
3. Please indicate whether you wish to personally present your statement to the Development Assessment Panel.
Your written ^êmerrt vvi be provided to the D&/ôpm&\t Msessment Pan^ and to ttie e^lkxint, ancT w i be
(xmsidered m me^ng an approval dedsion. You may choose to present your statement verbeUy.
D I do not wish to make a verbal presentation.
IS} I will appear personally to make a verbal presentation.
D ' authorise '
,^
/j_
to
make the verbal r^wesentafion on my behalf.
Date:
C I T Y
72 Woodville Road, Woodville SA 5011
Ph 08 84081111 Fax 08 84081122 Web www.chariessturt.sa.gov.au
o r
CHARLES
STURT
Representations
Representations (communicating a point of view seeking change or refusal) may be made to d e v ^ m e h t apfîcations
classed as Categoiy 2 or 3. Representations are not restricted to adjoining |»t>perties, and may be made t y any person who
wishes to do so.
Representations must be made in writing, and a Statement of Representation fomi must be completed and supplied. Forms
are avated)te at the City of Charles Sturt Civic Centre and webate.
The Statement of Representation form requires persons making a representafon to d^cHbe the reasons for their
representation and how the issues would be overcome.
The written statement is more likely to be effective if it refers to the provi^ns of the Development Plan. The Charles Sturt
Development Plan can be accessed at the City of Charles Sturt website, www.charlessturLsa.gov.aui
Cofm of representations areforwardedtothe applicant, and the appiicsnt is given the opportunity to respond in wr^ng to
the representation.
It is not necessary to attend a Development Assessment Pjtfiel meeting, but you may chose to do so to make a verbal
presented of your written s^tement Please note that the presentation shouki be M e d to the content of the Witt
statement
•
For Category 2 devekipment, the council may detemiine to aBow a representor to appear before council to present ttieir
representation. For Category 3 devek)pment. Council must albw a representor to &ppe&[tomake theirrepreserrtations.The
applicant is also aik>wedfo appear in order to re^}ond to any representatk)ns.
Coundl advises representors with notice of its dedsbn. In the case of a Category 3 devekjpment, representors have the
right to kxige an appeal against the deciston with the Environmental Resource and Developntent Court.
4 Statement of Representation - P ^ 2 of 2
Edward and Alana Lenart
17 Forster Street
Ridleyton SA 5008
Wednesday November 19,2008
To Whom It May Concern:
We write in response to the Development Application by Mitchells Quality Foods Pty
Ltd numbered 252^380/08 for extension to operating hours at 18 and 20 Forster
Street, Ridleyton.
We strongly object to this proposed development and would like to raise the
following issues:
a) Noise. The impact of noise to residents with the proposed extended hours is of
concern. Their current operating hours has caused us to contact the City of
Charles Sturt in the recent past (please see attached letter). Of particular
concern is the loading of refrigerated vans and trucks as early as 5am. It is
quite common for these vans/trucks to arrive as early as 4am and park on
Forster Street with the engines idling waiting for Mitchells Quality Foods to
commence operations. To have the business operating through to 930pm is
very inconsiderate and would without question negatively impact on residents
qudityofUfe.
b) Parking. Due to the fact that Iheir allocated car park space is used as a loading
dock causes their employees to park on Forster Street. The south side of
Forster Street is a No Parking Zone Monday through Friday, therefore all the
parks along the north side of Forster Street, in front of our homes, are
occupied by employees. We assume with such a dramatic extension of
operating hourstiierewill betiierequirement for more employees, therefore
exacerbating an already existent problem.
c) Schedule 22. This development includes activities listed in Schedule 22 of the
Development Regulations 1993 and is in^propriate for an Interface Policy
Area. As per The City of Charles Sturt Development Plan due consideration
needs to be given where industry and residential zones are in proximity to
each other. Development within a reasonable distance from the zone boundary
should have regard to its impact on the locality.
In addition to both the Noise and Parking issues the impact of the operation to
residents is amplified by the fact that the car park area is used as workspace. The
loading of vehicles is carried out in the car park and not inside the premises. Taking
this into consideration there is no barrier to minimise the impact to residents that live
only meters away.
In conclusion we strongly believe the proposed extension to the operating hours of
Mitchells Quality Foods Pty Ltd shows total disregard for the Residents of Forster
Street and Wood Avenue and is not in keeping with the Desired Future Character
guidelines as outlined in the City of Charles Sturt Development Plan and we quote;
The area should accommodate activities that do not create any appreciable
nuisance, that have minimal off-site impacts, such as noise, air, water and
waste emissions, traffic generation and movement and which do not have
a detrimental impact on the amenity of properties in residential or similar
environmentally sensitive zones.
We strongly believe that this development would have a further negative impact on
what is already a strained interface zone and we hope to see that the council will
refuse their application.
Sincerely,
4r Bill StefanoDoutos
'imunnq ana ueveiopmeni
Itty of Charles Sturt
72 Woodville Rd
WoodvilleSA501<
i / Forster Street
Ridleyton SA 5008
Tuesday May 20,2008
Dear Mr Stefanopouios.
are writing to you to express concems we have regarding me operation of
businesses on Forster Street. Ridleyton.
The main concems are regardina the hours of ooeration and also ttie fevef of
noise emitted from the business^
in oarticuiar. Light n Easy at 18 Forster Street and Sunshine Sprouts at 4
forster Street commencing wori^ as eariy as 4 am six days a w e ^ . We are
woKen most nights by the sound of employees ani^nng to start work and the
loading of boxes and the constant bee^Mr^ of forklifts. Also fiMracik
Automotive at 20 Foister Stoeet will quite tinequentiy work through to 8 or 9pm
on cars wth the constant revving of engines. This noise is dearty audible ki
every room of our home.
We have been made aware by the EPA that the North side of Forster Street
has been zoned Residential and the South sk]e zoned Industnaf. Thud ttie
noise ievei mat the businesses emit during meir daiiy operaoon is.
questionably, 'legal*. Howe\^r being a resident on the street and Bvii^ wittt
the constant background noise, not only during business hours but also early
in the monilngs and into the evening, is becoming unbearable.
We did inquire with the council prior to purchasing the land and buildino
home and we were assured that the businesses were orriy permittea to
operate within business hours. Businesses such as L^ht n Easy and Orana
have dramaticallv increased their ooeraticms in the 4 vears since vi^ built the
house, it aoDears that there are no ongoing checks by the axjndl as to
whether this is suitable.
Our question to you is two fold; firsfiy, are ttiese busin^ses permitted to
commence their operation at 4 or 5am in the moming? Secondly, if tnese
businesses are in breach of council regulations what will be dor^ about rt?
We would appreciate the opportunity to meet with you or t i ^ appropriate
person to discuss this matter.
We can be contacted on 0412 578 737 or 0400 524 994
Yours sincerely,
Edward and /Mana Lenart
Ridleyton 0356 003
3 December 2008
Town
Mr Phil Smitti
Development Officer Planning
POBoxi
WOODVILLE SA 5011
Dear Phil
Development Apptication No. 252/2380/08 - Response to Repraêntation
I refer to your tetter dated 27 November 2008 in which you advise that one representations has
been rêjved in respect to the above mentioned development application that seeks consent to
vary hours of operation for an existing premises located at 18 to 20 Forster Street, Ridieyton.
In response to the matters raised by Mr Edward and Mrs Alana Lenart of 17 Forster StrBet.
Rrdleyton, I provide ttie following for your consideration when assessing this prop<»af and
presentation to the Development Assessment Panel for a decision:
1. Lite n' Easy (the trading name for Mitchells Quality Foods Pty LW) has operatedfrc«T»t h e ^
premises on Forster Street for some 13 years ^nce being approved by Council in 1994
without significant complaint from residential properties opposite.
2. While there has been one complaint more recently in respect to hours of operation resulting
from a garage collection vehicle, the contractor responsible has been instructed not to collect
prror to 7.00 am (it is understood that there has been no complaint since)
3. The hours of operation initially specified by the Applicant (6.30 am till 2.00 pm for food
preparation and 8.30 AM to 5.00 PM for ihe office activity) are now too constraining on the
business which needs to respond to increased demand from customers.
4. An extension till 9.30 pm would provide the necessary flexibility to respond to large orders on
an as required basis at peak times. Accordingly, Miere may be no increase in ttie number of
employees, but rather an ability to offer over time to the existing steiff.
5. In terms of parking, there would be no greater demand for pariting than that which currently
g e n e r a l by the current use of the land, with employees of Lite n' ^ s y insbucted not to park
on the norttiern side of Forster Street notwithstanding their lawful ability to do so.
6. Lite n' Easy value this near City and central location for the distribution of their product to
customers, and do not see rebcation as a viable option given the disturbance that such
would have on their business.
7. Lite n" Easy involves no heavy mechanical or industtial processes, no intensive cooking or
processing, but rather the assembly and packaging of meals using component ingredients
that are either fresh or frozen.
8. Lite n' Easy conduct their business in a low key manner that does not result in apprecfetble off
site impacts in terms of noise, smell, odour, etc. All activities are conducted within the
building, with the only appreciable effect of the business being the movement of vehicles.
9. The use of land does M include activities identified in Schedule 22 of the Development
Regulations, 2008 and has previously been ainsidered by Council as being an appropriate
activity within the Policy Area.
10. Traffic associated with this use is limited to 10 times per week at present, and dispatoh or delivery
vehicles making 1 return trip per day. No heavy vehicles are used in conjunction with this activity,
being predominantly commercial vans and refrigerated trucks not exceeding 6 tonnes.
11. In a comparative sense, the use of this premises has less potential for impact than others in
this group viîch include a motor vehicle repair workshops, a timber joinery and steel
fabrication workshop, warehouse distribution centre forfumiture and other goods.
12. The extent of hours until 9.30 PM Monday to Friday is considered reasonable in this context
notwithstanding that there are residential properties opposite. I note the Environment
Protection (Noise) Policy 2007 defines 'day time" as being between 7.00 AM and 10.00 PM.
13. To the extent that noise may occur arising from this use, such is not anticipatKl to beyond
background noise including that resulting from traffic, and would not oaair within the critical
sleep period over night.
14. In so far as industry has an obligation to ensure that noise does not impact on the amenity of
nearby residential properties, residential development has a shared responsibility to take
reasonable precautions and measures to limit tfie potential distribution that noise may cause.
15. In approving these residential dwelling opposite since 1994, Council would appear not to
have required noise protection measures or if such were required, they do not appear to have
been implemented.
} have previously provided an analysis of the proposal having regard to rêvant provisions of the
Development Plan, and continue to be of the view that the proposal is an acceptable form of
deveiopnrient that warrants consent.
As the representor has requested the opportunity to addresstiheDevelopment assessment Panel
ftjrther to their submission, the Applicant (or their representative) would appreciate the nght of
reply. Couid you please confirm the date and time of the mating at which it Is to be presented?
Yours faithfully
PHILLIP BRUNNING & ASSOCIATES PTY LTD
PHILLIP BRUNNING MPIA
Certified Practising Planner

3 March 2009 HINDMARSH WARD 3.12* 18 FORSTER

Transcription

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