Published on Tuesday, 10 October 2023 at 4:39:59 PM
FOR IMMEDIATE RELEASE
10th October 2023
Subject:
Shire of Dundas Approves Service Station Development on Lots 17 (HN 71), 16 (HN 73) and 15 (HN 75) on Plan 222908 Prinsep Street (Coolgardie – Esperance Highway) Norseman [Location]
Some concerns have been raised (on Facebook), in relation to the proposed development of a service station at the above address.
The concerns are, broadly:
- There was no public consultation in relation to the proposed development.
- The need to preserve the heritage value of the small building nearest the Town Hall.
- The need to preserve the trees on the subject land.
- And whether there is a need for a third service station in town.
In relation to any development application the Council is bound by our Town Planning Scheme (LPS2), the Planning and Development Act 2005 and Planning and Development (Local Planning Schemes) Regulations 2015. Assessment of the service station proposal against relevant provisions and standards of LPS 2 revealed that the proposed development generally complies with relevant LPS 2 provisions, except for clause 32(1)(f). This clause requires the façades of commercial buildings to be constructed of either masonry stone, concrete, glass or a combination of these materials as approved by the local government. The façade of the proposed control building for the new development is intended to be constructed with Scyon Axon cladding.
[ As an aside, LPS 2 was gazetted in September 1994, some 29 years ago. This provision represented a time back when greater aesthetic control was sought over the look and appearance of commercial and industrial premises statewide, particularly as new, larger-scale industrial estates were being developed across the State. It was desired that such premises and estates provide an attractive appearance to the streets they fronted.
Although LPS 2 was updated in November 2019 (via Amendment 10) following the introduction of the Planning and Development (Local Planning Schemes) Regulations in 2015, development provisions such as these were not reviewed for their ongoing relevance or appropriateness. Amendment 10 was put out for public consultation at the time, and it should have been at this point that the rules for community consultation should also have been addresssed. However, this change was overlooked. A further review of LPS 2 is planned to be undertaken to address this and some other anomalies subsequently discovered.]
As previously stated, the proposed development, which includes two canopy-covered re-fuelling areas, a central control building, onsite parking, and price-board advertising, is otherwise compliant with the requirements of LPS 2. As such there is no requirement under that scheme for public consultation as the development complies with the objectives of that scheme.
The location of the proposed service station, on Prinsep St, did give rise to Shire concerns regarding traffic impacts. As such, the Shire requested the proponent to consider other sites which may have been more suitable. Prinsep St falls under the jurisdiction of Main Roads Western Australia and the Shire of Dundas raised potential traffic impacts resulting from the proposal with Main Roads whose initial assessment indicated minimal effects.
However, in response to further representation by the Shire of Dundas and in close collaboration with the Shire's consultant traffic engineer, Main Roads conducted a more thorough examination of the proposal. This comprehensive review led to the development of a design outcome that, while not ideal, met the requirements of MRWA and the Shire's local planning scheme.
Other envisaged impacts of the proposal were identified and raised through the initial application assessment by relevant Shire staff, Shire consultants, and MRWA. To this end, the applicant/proponent was requested to respond to and address those concerns (such as the proposed location) which it did, as detailed in the report to Council which can be found via the below link.
agenda-ocm-22-august-2023.pdf (dundas.wa.gov.au)
Under the relevant Act, Regs and LPS 2 there were no relevant planning objections to the use for this proposal. It is important to note that in development applications, any objection must be based only on planning grounds and if the Shire had refused to approve the development, the proponent could have lodged an appeal with the State Administrative Tribunal (SAT). In such a scenario, the likely outcome would have been that the development would be approved by the SAT, as it substantially meets requirements of our planning scheme and the Shire may have been faced with costs which may have included a monetary penalty for unnecessarily delaying the development.
The small building which has been variously described as the old child health clinic, community health clinic, a building donated by the Communist Party, etc. has been in private ownership for many, many years. It has been sitting vacant and unmaintained for most of, approx. the last ten years. As part of the conditions to the approval for the development, (of which there are many), the proponent has been requested to donate the building to the Shire to be re-purposed for an as yet to be finalised, community purpose. At this stage, it looks suitable for removal and preservation but, will undergo further assessment to ensure it is sound and able to be preserved.
The land which is the subject land for the proposal is also privately-owned. It is up to the current owners to retain or sell land which they own. Situated on the blocks are some lovely trees which are estimated to be around 70 years old. They have been identified as Sugar Gums (Eucalyptus cladacalyx) and Tuart (Eucalyptus gomphocephela), neither of which are native to the Great Western Woodlands. The Shire has also requested that the timber from those trees be donated to the Shire as part of the Shire timber project.
The question of whether a third service station is required is not within the remit of the Shire to decide. We cannot prescribe which businesses can or cannot open in the Shire. Our only avenue for influence in that respect is if the proposed business is subject to the requirement for planning approval, where each application must be assessed on its’ individual merit and within the scope of the relevant planning provisions. We remain committed to encouraging new businesses to our Shire.
We welcome feedback and engagement from the community and stakeholders and remain committed to transparent and inclusive decision-making processes.
For more information about this Development or the Shire of Dundas, please visit our website Home » Shire of Dundas or contact the office at 90391205 or email: shire@dundas.wa.gov.au
