OF SUBIACO 1.SEP 1 7017 Our Ref 17-765 DC1C RECORDS 0 PUCE MATCH 8 September 2017 241 Rokeby Road SUBIACO WA 6008 Attention: David Milliken Manager Planning Services Dear David, DEVELOPMENT APPLICATION FOR PROPOSED FOOD TRUCK AND ENTERTAINMENT COMPLEX AT 263 HAY STREET, SUBIACO TPG + Place Match, on behalf of Hay 263 Pty Ltd, is pleased to enclose this development application seeking approval for a proposed food truck and entertainment complex at 263 Hay Street, Subiaco (the subject site). The proposed development, to be known as 'The Yard', will provide for significant activation of the site and comprises of a food truck complex, café tenancy and licensed tavern area, along with associated seating areas. It is also proposed that the site will transition into a weekend market on Saturday and Sunday mornings, to service the needs of surrounding residents. In accordance with the 's requirements, please find enclosed: A completed and signed 'Application for Development Approval' form; A completed and signed MRS Form 1; Current copies of the Certificates of Title and survey documents for each of the subject lots; One (1) A3 copy of the development plans; and A cheque payable to the for $2,985, being the application fee payable based on the estimated cost of development of $1 million. The application is also accompanied by a Transport Assessment Report prepared by Uloth and Associates, and an Operator Management Plan prepared by the proponent, which outlines measures that will be implemented to ensure that the premises operate in a safe and responsible manner. In addition, the proponent has provided a presentation document outlining their aspirations for the site. SUBJECT SITE Property Description and Tenure The subject site is located at the corner of Hay Street and Olive Street in the suburb of Subiaco, and comprises of Lots 24-26 (Nos. 263-277) Hay Street, Lot 31 (No. 17) Olive Street, and Lot 23 on Plan 419. The site has a total land area of 2,261m2 and maintains frontages to Hay Street to the north and Olive Street to the east. The Certificate of Title details for the subject lots are summarised in the following table. Copies of the Certificates of Title are enclosed. PERTH OFFICE Level 7, 182 St Georges Tce PERTH WA 6000 PO Box 7375 Cloisters Square PERTH WA 6850 Tel +61 8 9289 8300 Fax +61 8932i 4786 gwacom.al 1 SEP 2017 wwwa planni gglpgwacom.au
MACE MATCH Lot Survey Volume/Folio Area Street Address 23 P 419 1675/595 2m2 No Street Address Available 24 P 419 82/114A 572m2 277 Hay Street 25 P419 1784/986 572m2 265-267 Hay Street 26 P419 2120/644 572m2 263 Hay Street 31 D93510 2110/729 543m2 17 Otive Street Lot 31 is burdened by a 3.7 metre wide sewerage easement created under Section 27A of the Town Planning and Development Act 1928 and benefiting the Water Corporation. The 3.7 metre wide easement is located along the full extent of the western boundary of Lot 31. The site currently contains a number of small-scale commercial buildings and associated car parking and hardstand areas. Site Context and Surrounding Development The subject site is located approximately 550 metres east of the Subiaco town centre at Rokeby Road, and approximately 2.7 kilometres west of the Perth city centre, in the street block bound by Hay Street to the north, Olive Street to the east, Churchill Avenue to the south and Townshend Road to the west. The surrounding area is generally characterised by medium density residential and commercial development, of a varied built form and age profile. The site is serviced by an efficient local and district road network, based primarily around Hay Street, Roberts Road, Railway Parade and Thomas Street, which collectively provide connections to the broader metropolitan region. The site also has excellent access to existing public transport services being in close proximity to existing bus stops along Hay Street and Roberts Road. The site is also located within an 800 metre walkable catchment of both Subiaco Train Station and West Leederville Train Station to the northwest and northeast (respectively). Heritage A desktop search of European and Aboriginal heritage indicates that the site has no known heritage significance. Contamination A desktop search of the Department of Water and Environment Regulation's Contaminated Sites Database indicates the site has no known contamination issues. PREVIOUS MIXED USE DEVELOPMENT APPROVAL At its meeting of 20 April 2016, the Metro West Joint Development Assessment Panel (JDAP) granted conditional development approval for the demolition of the existing buildings on the subject site, and the construction of a six storey (plus two basement levels) mixed use development comprising of office, shop, restaurant and multiple dwelling land uses. This approval is valid for a period of four years from the date of planning approval and the proponent remains committed to delivering the project once market conditions permit. As such, the proposed food truck and entertainment complex is intended as a measure that will ensure activation of the site whilst the proponent pursues implementation of the existing JDAP approval. CITY 1 SEP 2017 RECIVEDI OF SUBIA
tielg PUCE MATCH PROPOSED DEVELOPMENT This application seeks approval for a food truck and entertainment complex on site, comprising: A dedicated area for food trucks to the west of the site; One (1) café tenancy to the northeast of the site; One (1) tavern tenancy to the southeast of the site; Associated outdoor alfresco dining areas; and Dedicated on-site car parking and loading areas, with provision for a total of nine (9) car parking bays and one (1) loading bay. The proposed café tenancy is expected to trade every day, including early mornings, whilst the tavern and food truck complex will operate from Tuesday to Sunday, commencing late morning for the lunch time trade through to late evening. The café and tavern tenancies are to be accommodated within the existing building on Lot 26 (No. 263) Hay Street. Similarly, the proposed on-site car parking will be accommodated within the existing warehouse building on Lot 31 (No. 17) Olive Street and will utilise the existing Olive Street vehicle crossover. The remaining buildings on site will be demolished in accordance with the terms of the previous mixed use development approval, in order to accommodate the proposed food truck complex and alfresco dining areas. On weekends, it is also proposed that the site would transition into a local market during the morning, as indicated on the alternative site plan that is enclosed with this application. Food trucks will generally enter the site from Olive Street and travel through the car park to the proposed trading areas. The food trucks will then exit the site via Hay Street, as indicated on the plans provided. However, provision has also been made for the food trucks to enter the site from Hay Street when required, as demonstrated in the Transport Assessment Report that accompanies this application. This will be achieved by keeping a section of the proposed alfresco dining area free of permanent obstructions, and will ensure that alternative access for food trucks is provided on weekends when the proposed market is in operation. The intent of the proposed development is to provide a vibrant food and beverage offering that will activate the site and its surrounds. The proponent has taken inspiration from other temporary activation programs that have been implemented throughout Australia, and the positive effect these have had on the vibrancy of the local community. The ability to transition into a local market on weekends will further enhance the proposed developments contribution to the local community, and has been included as a result of ongoing liaison with the City. PLANNING ASSESSMENT Metropolitan Region Scheme The subject site is primarily zoned 'Urban' under the provisions of the Metropolitan Region Scheme (MRS). However, there is a corner truncation on Lot 26 (at the corner of Hay street and Olive Street) that is reserved for 'Other Regional Roads', as is Hay Street it itself. The nature of the proposed land uses is considered entirely appropriate with respect to the Urban zoning under the MRS, with Urban areas intended to accommodate a diverse range of residential, commercial, recreational and light industrial land uses. The proposed commercial land uses are therefore consistent with the intent of the Urban zone. Town Planning Scheme No. 4 The majority of the subject site is zoned 'Commercial/Residential' under the Town Planning Scheme No. 4 (TPS4), noting that the corner truncation on Lot 26 is reserve CITY OF SUMAC. 1 13 SEP 2017
ti39 PUCE MATCH Regional Roads' under the MRS. The site is also located within the 'Hay Street East Precinct' under TPS4. Land Use The proposed food truck and entertainment complex comprises of both 'Restaurant' and 'Tavern' land uses, as defined under the Town Planning Scheme No. 4 (TPS4), with a 'Restaurant' identified as a discretionary use within the 'Commercial / Residential' zone under TPS4, whilst a Tavern is identified as a discretionary use subject to public advertising. As such, both of the proposed land uses are capable of being approved on site. In this regard, it is considered that the proposed land uses are entirely appropriate with respect to the 'Commercial / Residential' zoning under TPS4, on the basis that: The proposed land uses will assist in the provision of a diverse range of land uses within the 'Commercial / Residential' zone; The proposed development will provide for activation of a currently vacant site, thereby enhancing the relationship of the site with its surrounds and contributing to the vibrant mixed use character that is envisaged for the 'Commercial / Residential' zone; and The food truck and entertainment complex will serve as a focal point for the local community that will assist in enlivening the Hay Street East Precinct once Domain Stadium is decommissioned. As noted above, it is also proposed that on weekends the site would transition into a local market during the morning, as indicated on the alternative site plan that is enclosed with this application. A 'Market' is a discretionary land use for the site subject to public advertising, and the proposed weekend market has been included as a result of the proponents' pre-lodgement engagement with the City. The proposed market is considered to accord with the intent of the 'Commercial / Residential' zone and will provide surrounding residents with access to local produce and convenience shopping facilities, which will assist in supporting the desire to increase the residential population in these zones. Car Parking and Loading Areas Under Part 6 of TPS4, car parking for 'Tavern' and 'Restaurant' land uses is to be provided at a rate of one (1) parking space per 4m2 of eating, drinking or lounge area. Based on these requirements, and the proposed development incorporating 1,111.4m2 of eating, drinking or lounge area, a total of 278 car parking bays would be required. The proposed provision of nine (9) car parking bays is well below this suggested requirement. However, it is noted that the City has recently advertised a draft Transport, Access and Parking Strategy that seeks to simplify and rationalise applicable parking rates, as part of a fundamental shift in principles surrounding parking management in Subiaco. This includes a significant reduction in overall parking rates compared to the current TPS4, with a proposed requirement of two (2) parking bays per 100m2 of NLA for restaurant and tavern uses within the draft North Subiaco Structure Plan Area (in which the subject site is located). This would reduce the required number of car parking bays to 30 based on the proposed NLA of 1,477m2, resulting in a shortfall of just 21 bays that would need to be accommodated within the existing on-street and off-street public parking in the surrounding streets. Basing the required number of car parking bays on the draft Transport, Access and Parking Strategy is considered appropriate on the basis that the draft document is representative of the City's current vision for the provision of on-site car parking, and noting that there is discretion to vary the current parking requirements under TPS4. Whilst there is a still an on-site parking shortfall when assessed against the draft Transport, Access and Parking Strategy, this is considered acceptable on the basis that: 11 seppi
tpg + PLACE MATCH There is a significant amount of public parking available in the immediate locality, with 250 public parking spaces currently provided within the immediately surrounding street blocks, which increases to well over 700 spaces within a short walking distance of 400 metres, as established in the Transport Assessment Report that accompanies this application; The subject site is located in close proximity to both the Subiaco and West Leederville Train Stations, as well as high frequency bus routes operating along Hay Street and Roberts Road, thereby presenting a significant opportunity to promote reduced private car dependence and encourage alternative forms of transport; It is not considered necessary to provide significant on-site car parking spaces for visitors to the proposed development, as visitors would not typically expect to park on-site at cafés and bars in higher density mixed use activity corridors; The proposed parking allocations are considered to provide an appropriate number of bays for staff members for the café and tavern tenancies, having regard to the sites central location and excellent level of access to existing public transport services; and The peak parking demand periods for the proposed development will occur outside of normal office business hours, with parking demand anticipated to peak in the evenings and on weekends based on the nature of the proposed land uses; In accordance with the above, the proposed provision of parking is considered adequate to service the needs of the proposed development. Access to the on-site car parking area will be via the existing vehicle crossover to Olive Street. Food trucks will generally enter the site from Olive Street and travel through the car park to the trading areas. The food trucks will then exit the site via Hay Street, as indicated on the plans provided. However, the food trucks can also enter the site from Hay Street when required, as demonstrated in the Transport Assessment Report that accompanies this application. This will be achieved by keeping a section of the proposed alfresco dining area free of permanent obstructions, and will ensure that alternative access for food trucks is provided on weekends when the proposed market is in operation. In addition to the on-site parking that is proposed, a loading bay area is also provided to the southeast of the site, with access via the existing crossover to Olive Street, consistent with the requirements under Claude 45(7) of TPS4. Built Form It is noted that TPS4 also contains various built form provisions that are applicable to development on the subject site. However, as noted above, the proposed development is to be accommodated within the existing buildings on site, and therefore no change is proposed to the existing built form. As such, these provisions are not considered relevant to the proposed development, noting that the floor area of the proposed development is well within the maximum permitted commercial plot ratio of 1.5:1, with a plot ratio floor area 1,686.7m2 (0.75:1) proposed. Hay Street East Precinct Policy The Hay Street East Precinct Policy applies to all land within the Hay Street East Precinct as defined under TPS4. The Precinct includes all the Commercial/ Residential zoned land extending along Hay Street and is considered to be ancillary to the Town Centre Precinct. The Precinct Policy seeks to consolidate the Precinct as a vibrant mixed use area containing both commercial and residential land uses. The proposed food truck and entertainment complex is considered to be consistent with the desired future character for the Hay Street East Precinct, as established under the Policy, on the basis that: 11 SET 2017.
tpg ACE MATCH The nature of the proposed land uses is entirely consistent with the intent of promoting a mix of compatible commercial and residential land uses within the precinct, in order to reinforce the precinct's role as a mixed use area that is ancillary to the Town Centre Precinct; The proposed land uses will provide for activation of the site and its surrounds, contributing to an improved pedestrian environment along Hay Street and Olive Street; and As mentioned previously, the proposed development will act as a community focal point that will assist in enlivening the Hay Street East Precinct once Domain Stadium is decommissioned. Planning Policy 2.12: Liquor Licensing The City's Policy 2.12 provides guidance with respect to the City's approach to assessing new licensed premises in order to minimise the potential for negative impacts on the amenity of the locality and adjoining localities. The objectives of the Policy are to: 1. Offer a balanced and diverse range of facilities and services, and contribute to a sense of ambiance and vitality. 2. Accommodate licensed premises throughout the commercial districts of the city, in particular the Town Centre zone; 3. Ensure that type and scale of the venue are suitable for the location having regard to the zone and precinct requirements, and surrounding land uses; and 4. Minimise the impact of licensed premises on the amenity of the subject and adjoining localities. The proposed tavern and café / restaurant land uses are considered to be consistent with the objectives and requirements under the City's Liquor Licensing Policy on the basis that: The proposed land uses will contribute to the provision of a diverse range of facilities and services within the Commercial/Residential zone; The scale and nature of the proposed tenancies is appropriate with respect to the desired future character of the Hay Street East Precinct as a dynamic, mixed use urban environment; 'Tavern' and 'Restaurant' are both discretionary land uses within the Commercial/Residential zone and are therefore capable of being approved under TPS4. The subject site is located within a commercial district under TPS4, in accordance with the requirements under the Policy; The proposed tavern and café / restaurant tenancies will provide for activation of the surrounding streetscape, and enhance the interface between the subject site and its surrounds; The venue will be appropriately managed to ensure that there is no adverse impact on surrounding properties, as detailed in the Operator Management Plan that accompanies this application; and Both tenancies will be required to operate within the hours of operation permitted by the Liquor Control Act 1988. Planning Policy 2.22 Development in the Commercial / Residential Zone The City's Planning Policy 2.22 applies to all land zoned Commercial/Residential under TPS4, and seeks to provide clear guidance to developers as to what the desired development outcomes are within the 'Commercial / Residential' zone. However, the provisions of the Policy primar LOPINg SUBIACO 16SEP 2017 '
4113 + PUCE MATCH the built form of new mixed use development proposals, and are therefore not considered particularly relevant to the proposed development, which will be accommodated within the existing built form. Furthermore, it is noted that a number of the provisions under Policy 2.22 directly conflict with those under TPS4, due to the recent gazettal of Amendment No. 22 to TPS4, including the maximum plot ratio requirements applicable to the site. In this regard, it is noted that Clause 78(8) of TPS4 provides that where a provision in a local planning policy is not consistent with the requirements under the Scheme, the Scheme prevails to the extent of the inconsistency. Therefore, the plot ratio provisions of the Policy are superseded by the requirements under TPS4, which have been addressed above. SUMMARY AND CONCLUSION In summary, the proposed development of a food truck and entertainment complex at the subject site, which is proposed to transition into a local market on Saturday and Sunday mornings, is considered highly appropriate for the following reasons: The proposed development is closely aligned with the 's vision for the locality, as established under TPS4 and the Hay Street East Precinct Policy; The proposed development will act as a community focal point that will assist in enlivening the Hay Street East Precinct once Domain Stadium is decommissioned. The proposed land uses will provide for activation of the surrounding streetscape, and enhance the interface between the subject site and its surrounds; The provision of active commercial land uses, of the type proposed, will contribute to the critical mass of people required to generate a vibrant mixed use environment for the Hay Street East Precinct; The level of parking provided is considered adequate having regard to the availability of public parking in the immediate locality and the level of access to existing public transport services; and The proposed development will provide an appropriate interim land use whilst the proponent actively pursues the implementation of the existing Development Assessment Panel approval for a six storey mixed use development on the site. On the basis of the above, the proposed development is considered to represent an appropriate and desirable use for the site, and therefore has significant planning merit. As such, the approval of the is respectfully requested. Should you have any queries or require clarification on any of the matters presented herein, please do not hesitate to contact Dan Lees or George Ashton of this office on (08) 9289 8300. Yours sincerely TPG + PLACE MATCH David Caddy Senior Director Encs. 11 SEP 2017 7