Ordinary Meeting of Council
16 December 2015
3.14
Ward:
PROPOSED THIRD PARTY ADVERTISING (BILLBOARD) - LOT 24 (NO.14)
GLYDE COURT, MALAGA (DA177-15)
(Ballajura Ward)
(Statutory Planning)
Disclosure of Interest: Nil.
Authorised Officer: (Executive Manager Planning and Development)
KEY ISSUES
•
The subject lot being Lot 24 (No.14) Glyde Court, Malaga is zoned ‘General
Industrial’ under Local Planning Scheme No.17 (LPS17) and is currently
operating as a waste sorting facility.
•
The application proposes the erection of a billboard for the purpose of third
party advertising at the subject lot and does not pertain to a business on the
land.
•
The billboard has two displays, each measuring 100m2 in area (20m X 5m).
The displays are to be mounted 25m above ground level, illuminated by
floodlights and orientated so as to be visible to motorists travelling in both
directions along Reid Highway.
•
At the conclusion of the public consultation period, the City received a total of
11 submissions, including 5 objections and 6 non-objections. The objections
covered a number of issues including the proliferation of signage, excessive
scale and proportions, detract from existing signage on nearby properties,
distraction to drivers and will adversely impact on the character of the locality.
•
Main Roads WA has advised that the proposed advertising sign is set back a
sufficient distant from Reid Highway so as not to be a major distraction or
adversely impact on passing motorists.
•
The proposed signage is not integrated with the existing development and in
fact is unrelated to it. The absence of a nexus between the signage and the
land gives rise to the potential for an arbitrary, uncontrolled proliferation of
signage that will detract from the amenities of the locality, inconsistent with
the objectives for the General Industrial zone.
It is recommended that Council resolve to refuse the application for Third Party
Advertising (Billboard) on Lot 24 (No.14) Glyde Court, Malaga.
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16 December 2015
AUTHORITY/DISCRETION
Council has discretion in accordance with Clause 10.3 of Local Planning Scheme No.17
(LPS 17) to approve (with or without conditions) or refuse to approve the application. If
the applicant is aggrieved with the decision of the Council, a right of appeal may exist in
accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 14 of the
Planning and Development Act 2005.
BACKGROUND
Applicant:
Owner:
Zoning:
LPS17 MRS Strategy/Policy:
Existing Land Use:
Lot Area:
Use Class:
WA Billboards
Advance Waste Disposal (Directors:
Trevor John
Canny and Irene Susan Canny)
General Industrial
Industrial
POL-C-070 Advertising Signs within the Commercial
and Industrial Zones
General Industry (Waste Sorting Facility)
1,012m2
Third Party Advertising – Use not Listed under LPS17
DETAILS OF THE PROPOSAL
The application proposes the erection of a billboard for the purpose of third party
advertising at the subject lot and does not pertain to a business on the land.
The billboard has two displays, each measuring 100m2 in area (20m X 5m). The
displays are to be mounted 25m above ground level, illuminated by floodlights and
orientated so as to be visible to motorists travelling in both directions along Reid
Highway.
The billboard displays are to be orientated so as to be visible to motorists travelling in
both directions along Reid Highway, between the Tonkin Highway and Malaga Drive
signalled intersections.
DESCRIPTION OF SITE
The subject lot being Lot 24 (No.14) Glyde Court, Malaga is zoned ‘General Industrial’
under Local Planning Scheme No.17 (LPS17). It is located on the northern side of Glyde
Court, Malaga with an area of 1,012m2 and is currently operating as a waste sorting
facility.
Lot 24 is located approximately 38 metres north of the Reid Highway road reservation
and 65 metres from the eastbound carriageway.
A local drainage reserve abuts the site to the east. The remainder of properties
approximately a 1km to the east, north and west are zoned ‘General Industrial’ under
LPS17. The Lightning Swamp Bushland Regional Reserve is situated on the southern
side of Reid Highway, opposite to the subject site.
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SITE HISTORY/PREVIOUS APPROVALS
25/01/2012 DA665-2011 Waste Storing Facility (General Industry) approved
PUBLIC CONSULTATION
Notice of the application was provided in accordance with clause 9.4 of LPS17 which
included letters sent to landowners within 200m of the site, a notice in the local
newspaper and a sign on site.
The City received a total of 11 submissions, including 5 objections and 6 nonobjections. Key concerns raised during the advertising period included:
•
The billboard will detract from existing signage on nearby properties;
•
The billboard will set a precedence and result in a proliferation of signage in the
locality;
•
The billboard presents a safety issue and will distract drivers;
•
The size of the billboard is excessive; and
•
The billboard will have a negative visual impact on the locality.
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
Main Roads WA
Main Roads Western Australia (MRWA) has no objection to the proposal subject to
conditions relating to the sign's illumination and the content of the advertisements
displayed. Where relevant, Main Roads comments are to be reflected in the
recommended conditions.
DETAILS
Preservation of character and visual amenity in the locality
One of the objectives of the General Industrial zone is to:
c) ensure any on-site advertising is integrated with the overall site
development and does not detract from the amenities of the road
frontages or adjacent development;
This is also
Commercial
towards the
the effective
consistent with the intent of POL-C-070 Advertising Signs within the
and Industrial Zones so as to ensure that advertising signs contribute
development of well signed commercial and industrial precincts through
control of signage.
Several submitters contend that the billboard will have a negative impact on the
amenity of the locality due to its size and scale and reduce the effectiveness of existing
signage on nearby properties.
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Ordinary Meeting of Council
16 December 2015
Whilst it is not considered of any relevance if the proposed billboard distracted
attention from any other signage, it is considered pertinent as to whether it is desirable
from an amenity perspective to facilitate advertising signage unrelated to the land on
which it sits. If the nexus between signage and land use is not preserved then an
uncontrolled proliferation of signage may occur, inconsistent with the objectives for the
'General Industrial' zone.
Accordingly refusal is recommended.
Visual Distraction
The billboard is sited so as to be visible to motorists travelling in both directions along
Reid Highway, between the Tonkin Highway and Malaga Drive signalled intersections. It
is proposed to be setback approximately 70m from Reid Highway carriageway.
MRWA has advised that the proposed sign is set back a sufficient distance from Reid
Highway so as not to be a major distraction or adversely impact on passing motorists.
In the absence of any technical information to suggest otherwise, City staff accept
MRWA’s conclusion.
OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to:
1)
Implications:
Approve the proposed ‘Third Party Signage (Billboard)’ on Lot 24
(No.14) Glyde Court, Malaga , subject to the following conditions:
1.
This approval is for “Third Party Advertising (Billboard)” as
illustrated on the approved plan.
2.
The sign is to be maintained to a high standard, to the satisfaction
of the City of Swan.
3.
The sign and supporting structure (including footings) shall not
overhang or encroach upon adjoining lots or the road reserve.
4.
Illumination shall not exceed 300cd/m2.
5.
The sign shall not flash, pulsate or chase.
6.
The sign and supporting structure shall not contain reflective,
fluorescent or retro reflective colours or materials.
7.
Any additional development, which is not in accordance with the
application (the subject of this approval) or any condition of
approval, will require further approval of the City.
The applicant will be able to proceed with the development.
This is not the recommended option.
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Ordinary Meeting of Council
16 December 2015
Option 2:
Council may resolve to refuse to grant approval to the proposed
‘Third Party Advertising (Billboard)’ on Lot 24 (No.14) Glyde Court,
Malaga on the basis that the proposal does not meet the objectives
of the 'General Industrial' zone as defined in Local Planning Scheme
No.17, by virtue of the development's lack of integration with the
overall site development and resultant negative impact on the
amenity of road frontages and adjacent development.
Implications
If aggrieved with Council’s decision, the applicant has the right of
review to the State Administrative Tribunal within 28 days of
Council’s Decision.
This is the recommended option.
CONCLUSION
The subject lot being Lot 24 (No.14) Glyde Court, Malaga is zoned ‘General Industrial’
under Local Planning Scheme No.17 (LPS17) and is currently operating as a waste
sorting facility.
The application proposes the erection of a billboard for the purpose of third party
advertising at the subject lot and does not pertain to a business on the land.
The billboard has two displays, each measuring 100m2 in area (20m X 5m). The displays
are to be mounted 25m above ground level, illuminated by floodlights and orientated so
as to be visible to motorists travelling in both directions along Reid Highway.
At the conclusion of the public consultation period, the City received a total of 11
submissions, including 5 objections and 6 non-objections. The objections covered a
number of issues including the proliferation of signage, excessive scale and proportions,
detract from existing signage on nearby properties, distraction to drivers and will
adversely impact on the character of the locality.
MRWA has advised that the proposed advertising sign is set back a sufficient distant
from Reid Highway so as not to be a major distraction or adversely impact on passing
motorists.
The proposed signage is not integrated with the existing development and in fact is
unrelated to it. The absence of a nexus between the signage and the land gives rise to
the potential for an arbitrary, uncontrolled proliferation of signage that will detract from
the amenities of the locality, inconsistent with the objectives for the General Industrial
zone.
ATTACHMENTS
Site and elevation plans
Aerial photograph
Photographs of the site and surrounds
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STRATEGIC IMPLICATIONS
Nil.
STATUTORY IMPLICATIONS
Planning and Development Act 2005
Planning and Development (Local Planning Schemes) Regulations 2015
Main Roads (Control of Advertisements) Regulations 1996
City of Swan Local Planning Scheme 17
POL-C-070 Advertising Signs within the Commercial and Industrial Zones
FINANCIAL IMPLICATIONS
Nil.
VOTING REQUIREMENTS
Simple majority
RECOMMENDATION
That the Council resolve to:
1)
Refuse the proposed Third Party Advertising (Billboard) on Lot 24 (No.14) Glyde
Court, Malaga for the following reason:
1. The proposed advertising sign is unrelated to any business or activity occurring
on the land and accordingly is not considered to meet the objective of the
'General Industrial' zone which requires that "on-site advertising is integrated
with the overall site development and does not detract from the amenities of
the road frontages or adjacent development".
2)
Advise the applicant/owner and those who lodged a submission of the resolution of
Council.
CARRIED
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