PAE-DAP - 42
08.09.10
ITEM 6.4
040/1213/10 - MRS JULIETA NAVARRO
Applicant’s Name:
Mrs Julieta Navarro
14 Walker Place
HIGHBURY SA 5089
Subject Land:
Shop 2/69 Sir Ross Smith Boulevard, Oakden SA 5086
Proposed Use:
Change of use to Tenancy 2 from a delicatessen store with
ancillary cafe and takeaway, to a cafe with construction of a
flue, indoor and outdoor dining and a takeaway component
(Non-complying)
Relevant Dev. Plan:
Consolidated 5 November 2009
Zone:
Residential
Policy Area:
44 - Comprehensive Development
Zone Objectives:
Objective 1: A diverse range of housing styles that meet
the needs of all people.
Objective 2: Containment of housing costs through a full
range of design and development techniques.
Objective 3: Environmentally sensitive design that
conserves natural resources, in particular
energy and water, and protects ecosystems
and natural site features.
Objective 4: The control of stormwater run-off from
residential areas to ensure stormwater
discharge does not exceed the capacity of
downstream drainage systems, or affect
surrounding development.
Objective 5: Residential development that complements
and reinforces the desired future character and
amenity of localities.
Objective 6: Revitalisation of under-utilised suburbs,
particularly public housing areas, to facilitate
the provision of a greater mix of housing types
and improved residential amenity.
Objective 7: Infrastructure and facilities that encourage
walking, cycling and public transport use.
Objective 8: Convenient access to a wide range of
community facilities and services.
Objective 9: Public open space providing diverse
recreational opportunities.
Objective 10: The orderly development of residential areas
in accordance with the Residential Areas
Structure Plan, Map PAdE/1 (Overlay 5) and
Structure Plan, Maps PAdE/1 (Overlay 1) Part
A and PAdE/1 (Overlay) Part B.
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Reason for Report:
Representations received
Persons Notified:
A list of the people notified (a total of 58) appears as an
attachment of the Director’s report
VERBAL REPRESENTATION TO DEVELOPMENT ASSESSMENT PANEL
Representors against the proposal wishing to be heard by the Panel
Andrew & Sheana Davies
Representors supporting the proposal wishing to be heard by the Panel
Robert Gagetti (also representing the following):
Merle Bowley
Pamela James
Michelle Treadgold
Brian Lawlor
Neil Davey
Clair McQueen
Grant Poyner
Timon Bengtson
Robert Manses
Elly Nitschke
Natasha Bowley
Leon Nitschke
Keith Young
Joe McGrath
Sue Bowley
Sam & Joan Criscitelli-Garreffa
Isabel Klau
Ben Waechter
Sarah Satterley
Christine Kite
J Ruthven
Lorraine Jeffery
Julie Hampton
Elizabeth McNab
Heather Watt
Kristina Gudelis
Luisa Sale
Daniele Ratta
Menz Yang
Debbie Ratta
Reyland Pajaro
Michael Bareham
Tegan Bengtson
Margaret Morris
Michelle Belzina
Michael Mitchell
Tania Bell
K Brownett
Pamela Turner
D Brownett
Rev. Dr John Beasy
Ben Scott
Sandy Creten
Joy Kelly
Bruce & Pam Paech
Meryl Scott
Andrew Marshall
Troy Ellison
Assunta Marshall
Anne Ellison
Asokan Edakkadan
Dennis & Maxine Gilbert
Jim Richardson
Jeff & Kathy Duell
Paul Johnston
Dianne Wyant
Joshua Fimmel
Felix Feliciano
Bronwyn Page
Ross Johnston
Brian Martin
Elizabeth Fatcher
Melinda Fremlin & Andrew Seymour
Ron & Lily Street
Shirley Pfeiffer
Michelina Selvanera
Jane-Marie Pfeiffer
Jenaliza Sjoberg
Maureen Phillips
Cuc Nguyen
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Coralie Kelly
Troy McKibbin
Denise Brown
Amie Gunawan
Paul Gunawan
Rebecca Kalogerias
Wei Xiong
Greg McLachlan
Trevor Scroop
Karen Kammermann
Dilara Valiff
Sonia Waye
Ian Nathan
W Greenwall
Christine Heuke
Quang Tran
Joyce Bareham
George Gouthas
Rachel Beise
Sam Selvanera
The Resident
Harold Bareham
Jasper "Milly" Cleland
Emma Louise Taylor
Patrick John Hughes
Lynette Rowe
Rosalie Satterley
Vicki Rogers
B Searle
Julie Brownett
Norman Ogier from Northgate Oakden Residents Association
Lauren Caon
Kevin Murphy
Rosemarie Ward
Representors supporting the proposal not wishing to be heard by the Panel
Deanna Paul
Dennis Stidston
Caran Murphy
Jill Artis
Lars Kruse
Applicant’s representative to be heard by the Panel
Robert Gagetti
BACKGROUND
In 1994 there was a development application for the construction of a building
containing two separate tenancies, Shop 2, the subject tenancy, was designed to
house a general store with an ancillary light snack-food take away facility to service
the needs of the local Oakden Community. The development application was
060/536/94 and was approved by Council.
Condition of approval number 16 limited the business activities on site to:
The sale and consumption of food on site shall only be a minor and ancillary
component of the facility whose primary purpose is to service the day to day
needs of the local community.
In 1995 development application 060/509/95 was lodged with Council for a variation
to the above approved shops through the incorporation of a take-away food
component for tenancy one, where take away food would be prepared on site.
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The development application was refused because it:
•
•
•
Did not comply with the provisions of the Development Plan at the time.
The proposal would have resulted in the impairment of the character and
amenity of the area.
The proposal is not orderly or economic development.
Currently shop one of the two tenancies is a hairdressing and beauty salon ‘All That
Jazz Beauty Salon’, which does not form part of this development application. The
subject of this development application is tenancy number 2, which is for a café and
is the larger of the two tenancies.
In January 2010 Council received a complaint about an additional flue being installed
on the roof of the proposed cafe that is alleged to be causing odours. The complaint
also detailed concerns regarding excessive vehicle parking at the end of the
adjoining side street, Hyde Street, which is a quiet residential side street and alleged
parking by shop staff in the ‘No Standing Zone’ at the end of Hyde Street.
Further investigation by Council found that the site was operating as a café and did
not have development approval to be operating in its current form. The owners were
subsequently advised to lodge a retrospective development application for the use of
the site for a café with a take-away component. This development application before
Council seeks to gain development approval for the café as it is being currently
operated.
SITE AND SURROUNDING LOCALITY
The subject land consists of a rectangular shaped allotment located in a Residential
Zone, in Policy Area 44; the Comprehensive Development Policy Area.
Specifically this site is allotment 366 of Deposited Plan 39600 and is a 1001 square
metre allotment orientated to face onto Sir Ross Smith Boulevard in Oakden.
The site comprises an existing building and associated car parking with two separate
shop tenancies within. The larger of the tenancies is the shop that is the subject of
this development application. Shop 1 forms approximately 40% of the facility with
shop 2 containing the remaining 60%, plus the outdoor dining area and ancillary
storage areas.
Access to this site is via Sir Ross Smith Boulevard for vehicles and public transport
(buses), while pedestrians and cyclists may also gain access from the adjoining Hyde
Street to the south of the site.
There is a large area of public open space to the north-east of the site comprising
lakes, wetlands, natural vegetation and walking and cycling paths.
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DESCRIPTION OF THE PROPOSAL
The application is for the retrospective approval for the change of use to Tenancy 2
from a delicatessen store with ancillary cafe and takeaway, to a cafe with
construction of a flue, indoor and outdoor dining and a takeaway component. The
café is called the Lakeside Café and is the larger of two tenancies present on the
subject site. The first tenancy is a beauty salon called All That Jazz Beauty Salon.
NATURE OF THE DEVELOPMENT
The development of a Cafe, which is defined as a ‘shop’, in a Residential Zone is
classified as a Non-Complying form of development, as delineated in the relevant
Development Plan for this Council.
The Category 3 level of public notification was therefore required for this noncomplying development proposal.
SUMMARY OF REPRESENTATIONS
The Category 3 public notification returned 111 representations in support of the café
proposal and one representation against.
(For full copies of the representations please refer to the Attachments to this report).
ASSESSMENT OF REPRESENTATIONS
The reason for the representation against the proposal is because of the following
primary issues:
•
Regular long spells of unpleasant odours emanating from café.
Applicant’s response:
Applicants have agreed to meet any Environment Protection Authority (EPA)
requirements for the flues of the café, which will require the height of the
proposed flue to be higher, helping to more effectively dissipate any odours.
•
The new, second flue on the building is an eyesore and not in keeping with the
spirit of the original Oakden encumbrances.
Applicant’s response:
Applicants have agreed to paint the flue to make it blend in better with the
colour of the existing roof and any other ancillary structures on the roof will also
be painted if required by Council. The painting will meet the majority of the
original Oakden Encumbrances’ intent for the physical appearance of buildings
in the locality.
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•
The designated car parking in the car park of the two shops is insufficient.
Applicant’s response:
Applicants have agreed to reduce seating numbers in the café at peak periods
over the Friday to Sunday busiest times. Sufficient on site and on street car
parking on Sir Ross Smith Boulevard exists otherwise to service this site.
•
Illegal parking has been occurring in the adjoining residential cul de sac Hyde
Street over the weekend, flouting the No Standing Zone signage at the end of
the street.
Applicant’s response:
The applicants have advised their staff and delivery drivers not to use the
adjoining Hyde Street car parks. The applicants have no control otherwise over
how and where the public using the adjoining public park or the café choose to
park their vehicles.
•
Restaurants already exist in the Northgate area – Café Veloce in the Northgate
Folland Avenue Shopping Centre and other shops in the Gilles Plains
Neighbourhood Centre, are two close examples highlighted.
Applicant’s response:
The proposed café services the needs of the immediate local Oakden
community and appears to be a popular venue judging by the amount of
support for this premise in the locality from the number of representations
received in support of the proposal. One café such as this is not considered to
compete with the larger cafes and retail centres at Northgate and Gilles Plains
and is instead a niche premises servicing the needs of a local community.
The reason for the representations in support of the proposal is because of the
following factors.
•
•
•
•
•
•
•
•
Local residents value the café because it is a local venue;
It is within easy walking distance;
It can be reached easily by foot and by other means such as wheelchairs and
the vision impaired through their means of personal transport;
It has easy access for a range of varying physical abilities in the community;
It is the only café close enough for many people to attend, who for one reason
or another are not able to drive;
It is frequently used by the local community, some of whom use it weekly;
People enjoy the food on offer, and;
Local residents enjoy the friendliness of the staff and the atmosphere they
provide.
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ASSESSMENT OF THE STATEMENT OF EFFECT
The statement of effect must include:
•
•
•
•
•
A description of the nature of the development and the nature of its locality ; and
A statement as to the provisions of the Development Plan which are relevant to
the assessment of the proposed development ; and
An assessment of the extent to which the proposed development complies with
the provisions of the Development Plan; and
An assessment of the expected social, economic and environmental effects of
the development on its locality; and
Any other information specified by the relevant authority when it resolves to
proceed with an assessment of the application.
The statement of effect provided by the applicant’s consultant with the latest
addendum (dated 24 May 2010) meets the above criteria and is considered
satisfactory for an informed assessment of the proposal.
EXPECTED ENVIRONMENTAL, SOCIAL AND ECONOMIC IMPACTS
Environmental Impacts
The environment in general is not expected to be impacted upon by the proposed
change in use of the land, which is the proposed development taking place on this
land.
The proposed flue on the roof of the Café is required for the containment and then
dispersion of fumes relating to the cooking of food, not any other process likely to
produce noxious or harmful gases that could cause environmental harm; human
sensitivity and subjectivity over perceived odour irritation is another matter.
Social Impacts
The change in use of land from a general store type of shop to a café and the
associated construction of a roof mounted flue can be considered to have social
impacts.
Car parking associated with a restaurant brings with it traffic of a different nature to a
general store as the visitors would typically be longer stay than those visiting just to
pick up essential everyday goods.
The types of vehicles visiting the car park of this site would be patrons of the café,
patrons of the adjoining beauty salon tenancy, and employees of both businesses
and some delivery vehicles. Delivery vehicles supplying the café visit the site
infrequently as the applicants have stated that most of their goods are picked up by
café employees, minimising the need for noisier delivery trucks.
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Excessive numbers of cars crowding the site’s car park and inappropriate car parking
by employees of both tenancies in residential side streets can easily be minimised by
two practises that the cafe owners are prepared to undertake. This includes ensuring
that all employees and any infrequent delivery trucks use only the main car park, not
any streets, and that seating numbers in the café are reduced during conflicting peak
times with the adjoining beauty salon by 9 seats, or 17.65%, overall to what is
currently proposed.
Oakden as a suburb has few congregating places for the local residents and the
proposed café provides one of these few areas. The demand for this meeting place is
evident in the popularity of the café amongst local residents as highlighted by the
number of representations received in support of the proposal.
The location of the proposed café is central to those residents most often using the
café, is centrally accessible via a bus stop less than 100 metres away and the site is
situated along one of the major suburban thoroughfares through Oakden; Sir Ross
Smith Boulevard. The café is also adjacent a large public park, assisting with drawing
people to this recently re-vegetated and scenic meeting point that might otherwise be
underutilised by people not at work during business hours.
Excessive noise is not considered to be generated by the café itself through doors
opening and closing, through bins being moved and through any vehicle movements.
If it is found that the noise generated by the café is considered excessive over what
the site currently has existing use rights to operate as a general store, the applicants
of the café, through discussions with Council, would be willing to consider potential
ways to mitigate these noises. Vehicle movements to and from a café are considered
to be less frequent than a general store that by its nature would expect shorter stays
by patrons.
Representations to date from a broad cross section of the community have also
focussed on the neighbourhood friendliness and atmosphere provided in the café, so
a positive social impact is brought to Oakden by the existence of this business.
Unsociable or negative social behaviour is not a feature of a café such as this in the
locality as there are wide expanses of windows and a cafe has both employees and
patrons able to provide useful passive surveillance to the adjoining public open
space, car parking area and public roads.
The applicants have landscaping surrounding the café and have maintained the café
in a good condition and if deemed necessary by Council will paint ancillary structures
on the roof of the premises to match the existing roof colour.
Economic Impacts
Economic impacts to the locality are positive as the proposed café will keep residents
spending money in the locality they reside in and a café can benefit from customers
using the beauty salon next door and vice a versa.
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Other businesses in a wider locality to this café will not be detrimentally impacted
upon as this is one café only of 350m2 total floor area and is not considered to
compete with the variety of businesses and shops contained within the larger nearby
Northfield Neighbourhood Centre, the Greenacres District Centre, the Windsor
Gardens Neighbourhood Centre and the Gilles Plains District Centre.
Positive immediate economic impacts from this proposed café are that it employs 8
people, 4 of which are trainees. It has been noted in the applicant’s Statement of
Effect that a restaurant is one of the more labour intensive forms of shops and that it
would be expected that fewer employees would be employed here if this premises
were only a take away food outlet or general store, with no food prepared on site.
ASSESSMENT OF THE PROPOSAL
The relevant provisions of Council’s Development Plan are used when assessing the
proposed development in order to determine whether the proposal is a reasonable
form of development for the subject land, as well as the locality, in which the
development is located.
The following is a summary of the proposal:
Site Area
Total Shop Site –
69 Sir Ross Smith Boulevard Oakden
Shop tenancy 1 –
All That Jazz Beauty Salon
Shop tenancy 2 –
Lakeside Cafe
Site Area Per Shop
(m2)
All on same title
1001m2
100m2
Development Plan Provisions
(m2)
None provided
357m2
None provided
None provided
On-site Car Parking
On-site Parking Provided
(Per Shop)
16 to be shared
16 to be shared
16
Lakeside Cafe
All That Jazz Hair Salon
Total provided / required for
both shops
Development Plan Requirements
(as per floor area of shops /seating)
17
6
23
Building Materials
Lakeside Cafe
All That Jazz
Hair Salon
Roof
Walls
Red roof tiles
Red roof tiles
Brown brick
Brown brick
Outdoor Ancillary
Structures
Signage
Not part of this
application
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Zoning and Land Use
Council Wide Objectives: 1,2,4,6,8,9,21
Council Wide Principles of Development Control: 4,26,27,28,29,31,32,39,45,50,61,62
Zoning Objectives: 7,8
Zoning Principles of Development Control: 133,134,135,136,137,138,139,140
The café is located in the Residential Zone in Policy Area 44, geographically sited in
the middle of the suburb of Oakden. The residential zone does not intend for there to
be shops located within the zone, as Principle of Development Control 133 of the
Zone states:
Residential areas should accommodate only residential development and associated
community facilities such as schools, welfare services, child care facilities and public
open space, with small scale shopping facilities also appropriate in Policy Area 50,
which does not affect the character and amenity of the locality.
The Policy Area for this site is Policy Area 44, not 50, and has an already approved
shop for this site, approved under previous development application 060/536/94. This
development application relates just to the type of shop being sought approval for as
the general land use has already been approved i.e. a general store shop versus a
cafe is still a shop.
As discussed in greater depth under the relevant heading later in this report, the
proposed change of use to a café from a general store is considered to meet the
requirements of Principles of Development Control 135 and 136 of the Residential
Zone. These principles seek to only allow non-residential land uses and expansions
where the amenity, aesthetic and environmental impacts to surrounding residential
neighbours is not adversely impacted upon. A non-residential land use in a
residential zone can therefore be considered where the impacts to the locality are not
unduly impacted upon.
Principles of Development Control 135 and 136 state:
135 Business, commercial or industrial activities in residential areas should not
be expanded or redeveloped for non-residential purposes unless the expansion
or redevelopment will lead to an improvement to the amenity of adjoining
residential land.
136 Non-residential development in the Residential Zone should provide
adequate protection for residents from air and noise pollution, traffic disturbance
and other harmful effects on health or amenity.
As discussed later in this report under the relevant sub-headings, potential odours
from the flues on the roof of the café can be mitigated, the flues can better integrate
with the roof of the premises through colour coordination and painting, ancillary roof
structures such as the air conditioning units will also be painted to match the roof and
car parking servicing the café will also be sufficient for this site’s demand. Some
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close neighbours to the site have represented in support of the café illustrating that
positive impacts from this non-residential development are already occurring in the
locality.
A café is defined as a shop under the Development Regulations 2008, Schedule 1.
The current shop proposal meets the majority of objectives and principles applying to
non-residential development in Council’s Development Plan. The level of support
afforded by Council’s Development Plan for non-residential land uses in a residential
zone, provides support for this café change of use application, as it did indeed
provide support for the original general store proposal in the locality that makes both
the existing and proposed use appropriate for this site.
The proposed café provides the necessary infrastructure and facilities to encourage
walking, cycling and public transport use in the locality, especially as a bus stop is
located directly out the front of the café, thereby meeting Objective 7 of the Zone
Objectives in the Development Plan. Objective 7 states:
Infrastructure and facilities that encourage walking, cycling and public transport
use
The café also contributes towards Objective 8 of the Zone Objectives in the
Development Plan. This Objective states that development in the Residential Zone
should provide: convenient access to a wide range of community facilities and
services.
It is considered that the proposed café, by providing a meeting point for the public
and encouraging better enjoyment of the adjoining reserve by providing the services
nearby that are necessary to allow eating, drinking, relaxation and a communal
meeting place to socialise, convivial community interaction is facilitated in Oakden.
The café is considered to therefore both meet Objective 8 and to also provide the
positive amenity to the locality as required for non-residential development by
Principles of Development Control 135 and 136 of the Residential Zone.
Council’s Development Assessment Panel in 1995 recommended refusal for the
proposed change in use of shop one to a shop containing a take away component
because of the following reasons:
The proposed shop:
•
•
•
Did not comply with the provisions of the Development Plan at the time.
The proposal would have resulted in the impairment of the character and
amenity of the area.
The proposal is not orderly or economic development.
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The proposed café in this development application relates to tenancy two only, not
tenancy one, where the use of the premises is mainly for dine-in customers, with the
take away component making up less that 25% of the total revenue received. The
original proposal related mainly to fast food consisting of cooked chickens and pizzas
for take away purchase only.
In the 15 years since the original proposal in 1995 to incorporate the making of food
on site, the locality has changed and there is now a demand for the proposed type of
shop in Oaken as partly justified by both the success of the current café and the shift
in the number of representations received both for and against the proposal. Over 10
representations were originally received against the take away shop proposal and the
current proposal has only received one representation against it. 111 representations
in support of the current proposal mark the biggest change since the original
application, which did not receive community support. Factors such as the current
levels of patronage and number of representations received in support of the
development proposal appear to show the current cafe working well within the
community and receiving community support. The Oakden Resident’s Association
represented in support of the proposal providing an insightful support from the
majority of vocal Oakden residents, in the absence of any other recent form of
community consultation in the area.
Amenity and Character
Council Wide Objectives: 1,2,4,5,45,46,47
Council Wide Principles of Development Control: 4,26,27,28,29,
Zoning Objectives: 7,8
Zoning Principles of Development Control: 133,134,135,136,137,138,140
The change in use of the subject land relates to the types of shop proposed. A shop
was previously approved under the original development application 060/536/94 and
that type of shop was primarily a general ‘corner store’. The only amenity and
character change is proposed by the change of use from a ‘corner-store’ to a café
and associated change in patrons’ behaviour.
A café encourages people to stay and dine, while a general ‘corner-store’ will only
allow for more temporary visits with more frequent vehicle movement and the
associated vehicle noises could be expected to be less frequent with a dine-in land
use.
It is considered that the proposed café will not impact detrimentally upon surrounding
residents in an audible way or with obnoxious odours (as discussed in detail under
the relevant subheadings later in the report) as the open areas of the café, including
the doors, main windows and outdoor dining are all located to the north east of the
site away from the closest neighbours behind. Odours will be addressed through the
raising of the proposed flue of the café to meet the relevant EPA requirements for
chimneys and flues. Outdoor dining is not facing any adjoining dwellings and the
trading hours for the cafe each week are 9am to 9pm daily, which are considered
acceptable hours.
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The closest neighbour behind the site of the proposed cafe represented in support of
the proposal. The representor’s dwelling is sited closest to the café’s rear kitchen
door and is also sited closest to the cafe’s car park, when compared to all of the
surrounding neighbours and as they do not see any issue with the proposal, it adds
further emphasis to the inconsequential and non-detrimental change in use of this
shop to the amenity and character of the locality.
Visual Appearance of Built Form
Council Wide Objectives: 1,4,6,9
Council Wide Principles of Development Control: 26,27,28,29,88,91,95
Zoning Principles of Development Control: 137,138,140
The residential zone does not exclude development of a non-residential nature
occasionally in the zone and the proposed café change of use application does not
propose any physical development other than the flue above the roof of the
premises.
The proposed flue and air conditioning units will be painted as agreed to by the
applicants, if this is considered a necessary step toward meeting the desires of
Council for the most appropriate visual integration into the surrounding built form of
the residential dwellings.
It should be noted that the roof of the café is predominantly single storey in height
only and there are a number of two storey dwellings in the locality. There are also a
number of dwellings in the locality that also have roof mounted flues, different type air
conditioning units, vents, aerials and satellite dishes and the proposed café has a red
tiled roof surface similar to many other dwellings nearby. The applicants have
indicated that they are prepared to paint any roof mounted ancillary structures such
as those mentioned above to match the surface colour of the roof. They will also be
prepared to raise the height of the flue to a level meeting all relevant Environment
Protection Authority (EPA) height requirements, none of these features gives the café
an external appearance substantially at odds or of different visual bulk to that of other
buildings in the locality.
The original Oakden encumbrances administered by the developer of the land during
the initial redevelopment of the suburb now provide guidance for Council during
assessment of minor developments such as flues, air conditioning units and
chimneys. The encumbrances cover some specific buildings that aren’t considered
as actual development and sometimes dictate colours that should be used. The
intention of the encumbrance was to keep certain amenity and built form standards
during the redevelopment of the area. Now that the area has been redeveloped, the
character of the area can evolve based on the legislative provisions of the relevant
Development Plan.
Since the original developer of Oakden has no further involvement in the area, the
encumbrances provide a useful guide for Council only. The original Oakden
encumbrances required building’s roof mounted ancillary structures to be hidden
from the street view and to be coloured the same finish as the roof of the subject
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building. Sir Ross Smith Boulevard is the primary frontage for this building and the
roof mounted structures are predominantly not visible to this road when viewed at
street level, but are in view to Hyde Street to the rear.
Hyde Street provides access to only three dwellings, is a dead-end cul de sac and
the views of the flues to this street are predominantly only visible from the street itself
and the front yards of the three dwellings it serves, with vegetation obscuring part of
the views of the cafe’s flues from some angles. In addition some of these dwellings
have their own roof mounted structures such as and air conditioning units and vents
so it could be argued that views of these flues are not overly detrimental nor greatly
affecting the public due to quiet nature of this street with no through vehicle traffic. As
a sign of compliance with Council requests, the applicants are prepared to surface
paint all ancillary structures on the roof of the premises.
The applicants are not seeking approval for any signage under this development
application for the change of use of this land. They have indicated that any physical
signage not previously approved under the original application before Council or
falling under Acts and Activities Not Requiring Development Approval under
Schedule 3 of the Development Regulations 2008 will be promptly lodged under a
separate development application before Council once the outcome of this change of
land use application is known.
Access, Car Parking and Manoeuvring Areas
Council Wide Objectives: 1,2,4,5,6,8,45,46,47
Council Wide Principles of Development Control:
4,31,39,61,63,84,141,142,144,158,159,160
Zoning Objectives: 7,8
Zoning Principles of Development Control: 128,133,134
Council’s Development Plan states that car parking at a rate of 1 car park per 3 seats
in a restaurant is required for this proposed land use and that the adjoining tenancy
of the beauty salon would require car parking at a rate of 7 spaces per 100m2 floor
area provided, as it is defined as a shop by the Development Regulations 2008,
Schedule 1.
A total of 23 car parks is required to service the needs of this proposed café and
beauty salon based on the provided 51 seats available for the café and 88m2
maximum leasable floor area for the beauty salon. The car park servicing this site
and the two tenancies contained within can hold 16 cars, one of which being a
disabled person’s car park. Some on-street car parking is provided directly in front of
café on Sir Ross Smith Boulevard with approximately four car parks available there.
Just north of the four on-street parking bays on Sir Ross Smith Boulevard is a bus
stop for a bus service passing directly in front of the café. This bus route is the
primary public transport corridor through Oakden and provides an alternative way for
patrons to visit the café, that might not otherwise exist so close by or conveniently for
other cafes, and benefits this premises with vehicle-free patrons.
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Assessment of the car parking provisions of this café must include a more in depth
analysis of the locality and the target population that the café primarily services. The
café is positioned in the heart of the suburb of Oakden with many surrounding quite
residential side streets, some with footpaths and cycling paths leading to the café.
The nature of the café being situated within the centre of an established, quiet
neighbourhood encourages pedestrian commuting to the café from surrounding local
residents, thus decreasing vehicle usage.
Previous complaints exist of patrons to the cafe, and or beauty salon, using the
adjoining Hyde Street indented car parks facing the public reserve, taking away car
parks that would otherwise be available to the general public. Most Oakden
residential allotments are designed with some capability of allowing a visitor car to
park in stacked formation on the driveway and if that is not available, then room
usually exists in a parallel car park formation against the kerb on the street in front.
No ownership of the indented public car parks exists for any one party, neither the
cafe nor any residents, but exists there to be shared amongst all potential users. The
cafe owners have agreed to advise their staff not to park in the public parking bays at
the end of Hyde Street and in the event that the Development Assessment Panel
resolves to grant this development application consent, then Council will condition
the application requiring all café staff not to park in Hyde Street.
As stated in the applicant’s planning report this café does not serve specialist cuisine,
more general, generic menu options unlikely to draw special interest or visitors from
outside the local area, thereby reducing the demand from distant visitors most likely
to be travelling by vehicle.
During peak conflicting times of operation of the cafe and the adjoining hair salon
(see the Car Parking time table attached at the end of this report) some patrons to
either tenancy are able to park in the four on-street Sir Ross Smith Boulevard car
parks at the front of the cafe. These car parks are not used as frequently by residents
of nearby dwellings due to the open nature of this car parking location on the bend of
a busier road and that the car parks there are not directly in front of a dwelling, which
leaves them often vacant. These additional car parks help to satisfy concerns over
car parking numbers.
The busiest times of operation of the cafe and the adjoining beauty salon as
highlighted during discussions with both tenancies are the Friday and Saturday meal
times. In the interests of the representor’s concerns to this cafe’s car parking
demand, the cafe owners have agreed, if required to by Council, to reduce the
number of seats available in the premises from 51 down to 42 seats to reduce the
attraction for dine in patrons during those two busiest days.
The reason for a specific reduction of 9 cafe seats is that this brings the number of
car parks required down to 14 when calculated at the rate of 1 car park required per
3 café seats, as per the Car Parking Requirements Table PAdE/3 in Council’s
Development Plan. The existence of 4 on-street parallel car parks in front of the café
on Sir Ross Smith Boulevard that have been vacant on the majority of Council visits
to the site and in addition, because many patrons do not drive to the cafe, enables
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these car parks to be considered towards the total available car parks for both
premises. The 4 on street car parks and 16 available in the car park on the subject
land together meet the 20 car parks required when both premises are open for
business, which meets the requirements of Council’s Development Plan.
The atmosphere inside the cafe has been highlighted by some representors in
support of the proposal as one of the major reasons for their patronage, so a
reduction in the availability of seats should reduce the numbers of patrons at those
otherwise busiest times. The applicant’s attached planning report also details how
the final quarter of the 2009/2010 financial year saw the take away food component
of the business generate just 16.6% of the total revenue suggesting that the
proposed cafe is visited predominantly by dine-in patrons. Reducing the number of
seats available to the core business of the cafe as a dine-in venue for the public
should create a noticeable reduction in total car parking demand, if Council chooses
to enforce a seating reduction condition of consent upon the cafe.
Audible Impacts and Odour Control
Council Wide Objectives: 19,45,46,47,
Council Wide Principles of Development Control: 4,29,
Zoning Principles of Development Control: 136,138,140
Noise impacts to the locality have not been raised as an issue of concern by
surrounding residents to the proposed cafe, except the representor against this
proposal in their original 1995 representation against the proposed take away shop
component then. Other residents in closer proximity to the cafe have not raised any
concerns about noise issues and their closer location makes them potentially more
susceptible to this potential impact.
Noise disturbances could potentially take the form of people talking inside and
outside the restaurant, noise from opening and closing doors, noise from exhaust
fans, noise from air conditioning units and noise from the vehicle movements
associated with the patron’s vehicles. Air conditioning units and some vehicle noise,
especially where public car parks adjoin a large expanse of public open space such
as the end of Hyde Street adjoining the cafe and on Sir Ross Smith Boulevard are
not sounds uncommon or of undue detrimental concern in a residential area.
Excessive noise disturbances were not concerns raised by any of the representors
during the public notification period.
The café is mainly orientated towards the north east of the site, facing towards the
northern end of the adjoining public reserve and Sir Ross Smith Boulevard in a north
easterly direction, with no actual café windows facing any of the adjoining neighbours
in Hyde Street nor facing any side or rear neighbours to the café along Kew Drive.
The closest dwelling to the front of the café is on the opposite side of Sir Ross Smith
Boulevard approximately 30 metres away, with some landscaping on the subject site
and the busier Sir Ross Smith Boulevard passing in between, assisting to disperse
any noise transmission.
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The hours of operation of the café are not considered to be excessive in a residential
locality, with a 9am opening time and 9pm closing time daily, seven days a week,
being unlikely to impact upon the majority of neighbour’s normal sleeping hours. The
applicants have stated that they do not do large private functions that may have the
potential to produce greater than normal noise levels. In the event that the
Development Assessment Panel resolves to grant consent to this development
application, a condition has been added that restricts amplified music to only be
played inside the café.
Overall audible impacts can be considered to be fairly minor and it is considered not
be a concern to most residents in proximity to the subject site.
One flue exists and another flue is proposed (a smaller silver / metal one) and
complaints over odours relate back to the installation of the proposed flue
(retrospectively being sought for approval).
Three neighbouring residents to the cafe, some of which are sited closer to the cafe
than the complainant have not raised the emission of odours as something that
concerns them.
The cafe owners however are prepared to undertake any actions that may be
necessary to meet the relevant Environment Protection Authority (EPA) requirements
for chimneys and flues. As previously stated the applicants are also willing to paint
the flue if required by Council.
The odours from this cafe resulted in one complaint being received and this
aggrieved resident must be considered fairly and before the cafe owners are forced
by Council to pay large amounts of money to remove a flue and pizza oven or buy
specially designed filter systems costing $15,000 upwards, all other reasonable
simpler measures should be taken first.
As highlighted under the subheading below, Consultation Council’s Environmental
Health Department states that odours are a very subjective matter, and one without
clear cut guidelines. Based on only one objection to odours being received and other
residents being supportive of this cafe proposal without raising concerns over
offensive emissions, it is considered that meeting the relevant EPA requirements
over flue heights should suffice and improved emission dispersal will result.
CONSULTATION WITH OTHER AGENCIES/DEPARTMENTS
This development application was referred to Council’s Environmental Health
Department for assessment of the Lakeside Café for meeting guidelines for operation
of a restaurant and for odour control.
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The comments of the relevant Environmental Health Officer have been summarised
below:
The Environment Protection Act 1993 imposes the general environmental duty
on all persons undertaking an activity that may emit odour to take all reasonable
and practicable measures to prevent or minimise any resulting environmental
harm. In addition, causing an odour may constitute environmental nuisance.
The recommendation is that the flue height be a minimum of 1m above the
highest point of any roof or structure within a 15m radius. It appears that the
flue in question does not meet this recommendation.
As for the use of odour filters etc, they can be of benefit, but cannot always
resolve the problem. Things to consider when looking at this option would be to
determine how many people are being affected by the odour. If this is only a
very small number, one would need to consider whether the "average" or
"typical" person would find the odour offensive (as people vary in sensitivity). If
the odour is still regarded as a problem, the cost of the potential solution must
also be considered. Will the cost be too high for the practical outcome?
Often the solution can be found by working in stages, starting with the most
obvious and often less expensive. Ensuring the air flow rate is sufficient, and
the height of the flue is sufficient. If they are not, address these first. If the
problem is not resolved, move on to the more dramatic and expensive options.
At some point, it may be considered that a business has taken all reasonable
and practicable measures possible, even though the odour problem my not
have been completely resolved. In some cases it may be determined that the
problem cannot be resolved and the business must cease the associated
activity.
Unfortunately odours are a very subjective matter, and one without clear cut
guidelines.
The current flue location on the roof of the café is approximately 14 metres from the
neighbouring two storey dwelling to the rear of the cafe, at the end of adjoining Hyde
Street. In the event that this development application is granted consent a condition
on the application will require the applicants to relocate the flue to ensure that it
meets the relevant EPA requirements in relation to location and height.
CONCLUSION
The Residential Zone overall anticipates some development that is not residential in
nature within the zone as highlighted at the end of the zone provisions in Council’s
Development Plan. As discussed the fact that this proposal is for a shop is not the
issue, but that the proposal is for a shop that is different to that previously granted
approval over 15 years ago.
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Over this time the locality has changed noticeably in the general reception of
residents towards the proposed cafe and there is both wide support for this type of
shop amongst local residents and the community as a whole appears to value this
meeting place.
Extensive justification in this report has highlighted how this particular site is unique
in its positioning next to a public park, along a busier residential street and is located
in the middle of a residential area otherwise devoid of any meeting place providing,
seating, a pleasant atmosphere, food and refreshments, all in one easily accessible
place for all modes of transport.
Further justification has highlighted how the proposed cafe successfully integrates
into the locality through not causing detrimental impacts to the amenity, aesthetics or
any other perceived quality of Oakden found elsewhere in the locality.
Specific shortcomings against the Development Plan provisions and assessment are
car parking shortfalls and potential odour emissions, which can lead to a lower
amenity in the locality of the site.
Car parking was found to be inadequate when assessed strictly against the
Development Plan, but alternative methods exist for accessing this cafe and these
modes of transport appear to already be used by cafe patrons, with a portion of local
residents accessing the site via pedestrian methods.
It is apparent that the applicants are concerned for any aggrieved local residents and
are actively seeking to see their business continue with the respect and support of
local residents. The adjoining beauty salon through discussions with Council have
only raised concerns about excessive vehicle congestion in the shared car park,
during the two tenancies’ shared peak periods on Fridays and Saturdays when both
premises operate at their peak capacity. Sunday is also a busy time for the cafe, but
the beauty salon is closed on those days.
The cafe has indicated that during these peak periods a 17% or 9 seat reduction in
overall seating capacity is acceptable to them if required by Council as a condition of
approval, so as to reduce the likelihood of the public car park overfilling. A café 9
seat reduction enables the café and adjoining beauty salon to meet the Development
Plan requirements for car parking when both premises are open for business at their
peak operating periods. A 9 seat reduction in the café brings the required number of
car parks down to 14 for this tenancy, which combined with the beauty salon next
door and their 6 car park requirement, enables the 16 car parks on the site and the 4
in front of the site to service the peak business demands of both tenancies.
The applicant’s acceptance of “any conditions Council see relevant to be placed
upon this Development Application in the event that the proposal be supported” is
apparent from their attached supporting report and this potentially includes the
relocation and/or retrofitting of a higher flue and painting of any rooftop ancillary
structures such as the flue and the air conditioning units.
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Overall, the proposed cafe change in land use has been assessed against the
relevant provisions of the Development Plan and is deemed to suitably meet these
provisions to warrant a recommendation for Development Plan Consent to be
granted to this application.
(A copy of the relevant application details has been supplied to all Members and
appears as Attachment 4).
CITY PLAN
Safe and attractive living areas with distinctive characteristics that provide a range of
housing options to the community. (Objective)
CORPORATE PLAN
Provide an efficient and effective development assessment service. (Goal)
RECOMMENDATION
That the Port Adelaide Enfield Development Assessment Panel resolves that:
1.
Pursuant to Section 35 of the Development Act 1993 the Port Adelaide Enfield
Development Assessment Panel seeks the concurrence of the Development
Assessment Commission to the GRANTING of Development Plan Consent to
Development Application No. 040/1213/10 by Mrs Julieta Navarro for Change of
use to Tenancy 2 from a delicatessen store with ancillary cafe and takeaway, to
a cafe with construction of a flue, indoor and outdoor dining and a takeaway
component (Non-complying) at Shop 2/69 Sir Ross Smith Boulevard, Oakden
SA 5086, subject to the following conditions:
1.1 Except where minor amendments may be required by other relevant acts,
or by conditions imposed by this application, the development is to be
established in strict accordance with the details and plans submitted in
Development Application 040/1213/10 and all works shall be completed to
the reasonable satisfaction of Council prior to the occupation and/or use of
the development.
1.2 The hours of operation of the premises shall not exceed 9am to 9pm on
any day.
1.3 No amplified music is to be used in the outdoor dining area(s) and doors
are to be kept closed at all times if amplified music is played inside.
1.4 Available seats in the cafe and in any outdoor dining areas shall not
exceed 51 seats from Sunday through to Thursday with no greater than 42
seats available during Fridays and Saturdays, except when the adjoining
premises is not open.
1.5 The flue of the cafe shall meet all relevant Environment Protection
Authority (EPA) requirements for this type of premises in relation to any
height and distance separation requirements from neighbouring dwellings.
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1.6 All ancillary flues and air conditioning units located on the roof of the cafe
for use of the cafe and any units shared with the adjoining beauty salon
shall be painted to match the colour of the roof of the cafe within 3 months
of the date of development approval for this application, to the reasonable
satisfaction of Council.
1.7 Delivery vehicles to the cafe shall be limited to reasonable hours of
operation and shall not service this site outside of the hours 8am to 5pm
Monday to Friday and 9am to 5pm on Saturdays and Sundays.
1.8 All loading and unloading of vehicles and manoeuvring of vehicles shall be
done entirely upon the subject land.
1.9 The site and buildings are to be maintained in a neat and serviceable
condition and operated in an orderly and tidy manner at all times, to the
reasonable satisfaction of Council.
1.10 Driveway, manoeuvring areas, car parking spaces, and landscape areas
shall not be used for the storage or display of any materials or goods.
1.11 Landscaping on the subject site directly abutting the cafe and directly in
front of the cafe and around the shared car park, shall be maintained and
nurtured at all times, with any diseased or dying plants replaced to the
satisfaction of Council.
1.12 Advertising signs do not form part of this approval and a separate
development application must be made to Council.
Advisory Notes
•
The applicant is reminded that any future signs, hoarding, advertising, bunting,
or flags should be subject of a further application to Council under the
Development Act, 1993.
•
The granting of this consent does not remove the need for the applicant to
obtain all other consents that may be required by the EPA and other statutes or
regulations.