Proof_CouncilAgenda_Coverpage_Template_Governance

 

 

 

Council Agenda

 

 

 

 

 

 

 

Ordinary Council Meeting

7.00pm, 05 February 2019

Council Chambers, Civic Centre, Dundebar Road, Wanneroo


PUBLIC QUESTION AND STATEMENT TIME

 

1.         TIME PERMITTED

A minimum of 15 minutes is permitted for public questions at each Council Meeting.  If there are not sufficient questions to fill the allocated time, the person presiding will move to the next item.  If there are more questions than can be considered within 15 minutes, the person presiding will determine whether to extend question time. Each person seeking to ask questions during public question time may address the Council for a maximum of 3 minutes each. 

 

2.         PROTOCOLS

No member of the public may interrupt the meeting’s proceedings or enter into conversation. 

 

Members of the public wishing to ask a question/s at the Council Meeting are to register on the night at the main reception desk located outside of the Chamber.  Members of the public wishing to submit written questions are requested to lodge them with the Chief Executive Officer at least 30 hours prior to the start of the meeting (that is by noon on the day before the meeting).

 

The person presiding will control public question time and ensure that each person wishing to ask a question is given a fair and equal opportunity to do so.  Members of the public wishing to ask a question should state his or her name and address before asking the question.  If the question relates to an item on the agenda, the item number should be stated.

 

3.         GENERAL RULES

The following general rules apply to public question and statement time:

·                Questions and statements should only relate to the business of the local government and should not be a statement or personal opinion.

·                Only questions relating to matters affecting the local government will be considered at an ordinary meeting, and only questions that relate to the purpose of the meeting will be considered at a special meeting. 

·                Questions may be taken on notice and responded to after the meeting.

·                Questions may not be directed at specific Elected Members or Employees.

·                Questions are not to be framed in such a way as to reflect adversely on a particular Elected Member or Employee.

·                First priority will be given to persons who are asking questions relating to items on the current meeting agenda.

·                Second priority will be given to public statements.  Only statements regarding items on the agenda under consideration will be heard.

 

DEPUTATIONS

 

An informal session will be held on the same day as the Council meeting at the Civic Centre, Wanneroo, commencing at 6.00pm where members of the public may, by appointment, present deputations relating to items on the current agenda. To present a deputation members of the public are required to submit a request for deputation in writing at least three clear business days prior to the meeting addressed to the Chief Executive Officer.  A request for a deputation must be received by Council Support by 12 noon on the Friday before the Council Meeting.

·                Deputation requests must relate to items on the current agenda.

·                A deputation is not to exceed 3 persons in number and only those persons may address the meeting.

·                Members of a deputation are collectively to have a maximum of 10 minutes to address the meeting, unless an extension of time is granted by the Council.

 

Please ensure mobile phones are switched off before entering the Council Chamber.

For further information please contact Council Support on 9405 5027.


Recording of Council Meetings Policy

 

 

Objective

 

·         To ensure that there is a process in place to outline access to the recorded proceedings of Council.

 

·         To emphasise that the reason for recording of Council Meetings is to ensure the accuracy of Council Minutes and that any reproduction is for the sole purpose of Council business.

 

Statement

 

Recording of Proceedings

 

(1)     Proceedings for meetings of the Council, Electors, and Public Question Time during Council Briefing Sessions shall be recorded by the City on sound recording equipment, except in the case of meetings of the Council where the Council closes the meeting to the public. 

 

(2)     Notwithstanding subclause (1), proceedings of a meeting of the Council which is closed to the public shall be recorded where the Council resolves to do so.

 

(3)     No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of the Council or a committee without the written permission of the Council.

 

Access to Recordings

 

(4)     Members of the public may purchase a copy of recorded proceedings or alternatively listen to recorded proceedings with the supervision of a City Officer.  Costs of providing recorded proceedings to members of the public will be the cost of the recording plus staff time to make the copy of the proceedings. The cost of supervised listening to recorded proceedings will be the cost of the staff time. The cost of staff time will be set in the City's schedule of fees and charges each year.

 

(5)     Elected Members may request a recording of the Council proceedings at no charge.  However, no transcript will be produced without the approval of the Chief Executive Officer.  All Elected Members are to be notified when recordings are requested by individual Members.

 

Retention of Recordings

 

(6)     Recordings pertaining to the proceedings of Council Meetings shall be retained in accordance with the State Records Act 2000.

 

Disclosure of Policy

 

(7)     This policy shall be printed within the agenda of all Council, Special Council, Electors and Special Electors meetings to advise the public that the proceedings of the meeting are recorded.


 

 

Notice is given that the next Ordinary Council Meeting will be held at the Council Chambers, Civic Centre, Dundebar Road, Wanneroo on Tuesday 5 February, 2019 commencing at 7.00pm.

D Simms

Chief Executive Officer

1 February, 2019

CONTENTS

 

Item  1_____ Attendances_ 1

Item  2_____ Apologies and Leave of Absence_ 1

Item  3_____ Public Question Time_ 1

Item  4_____ Confirmation of Minutes_ 1

OC01-02/19     Minutes of Ordinary Council Meeting held on 11 December 2018  1

Item  5_____ Announcements by the Mayor without Discussion_ 1

Item  6_____ Questions from Elected Members_ 1

Item  7_____ Petitions_ 1

New Petitions Received  1

Update on Petitions  1

PT01-12/18      Request to Consider the Provision of a Swing Set and Park Bench at Carona Park, Madeley  1

Item  8_____ Reports_ 1

Planning and Sustainability  2

Approval Services  2

PS01-02/19      Consideration of Development Application (DA2017/1291) - Additions to Tavern (Outdoor Bar and Entertainment Area) - Lot 7001 (33) Ocean Falls Boulevard, Mindarie  2

PS02-02/19      Consideration of Development Application (DA2018/260) - Mixed Use Development (Two Multiple Dwellings, Restaurant) at 15 Boston Quays, Mindarie  37

PS03-02/19      Amendment No. 170 to District Planning Scheme No. 2 (DPS 2) – Lot 31 (90) Rousset Road, Jandabup  64

PS04-02/19      Consideration of Amendment No. 19 to the East Wanneroo Cell 5 Approved Structure Plan No. 7  73

PS05-02/19      Consideration of Amendment No. 20 to the East Wanneroo Cell 5 Approved Structure Plan No. 7  95

PS06-02/19      Consideration of Amendment No. 168 to District Planning Scheme No. 2 (Design Review Panel) 144

PS07-02/19      Third Party Appeal Rights - WALGA preferred model  152

PS08-02/19      Consideration of Development Application (DA2017/722) - Change of Use to Industry - General (Mineral Blasting and Spray Painting) at Lot 163 (64) Buckingham Drive, Wangara  159

PS09-02/19      Endorsement of City Submission – Draft State Planning Policy 2.4: Basic Raw Materials and Draft Basic Raw Materials Guidelines  172

PS10-02/19      Consideration of Development Application (DA2018/1614) - Public Works Temporary Site Facilities on Lot 132 (1351) Wanneroo Road, Wanneroo  198

Assets  216

Strategic Asset Management  216

AS01-02/19      Classification Review of Ocean Reef Road and Gnangara Road (East of Sydney Road) as a State Administered Road  216

AS02-02/19      Proclamation of Control of Access - Wanneroo Road from Joondalup Drive to Hester Avenue  221

Community & Place  231

Community Facilities  231

CP01-02/19     PT01-12/18 Provision of Play Equipment at Carona Park, Madeley  231

CP02-02/19     North Coast Cycling Facility Master Plan Implementation Working Group - Terms of Reference  235

CP03-02/19     Floodlighting Fitting Replacements - Wanneroo Showgrounds and Anthony Waring Reserve  240

Community Safety & Emergency Management Report  248

CP04-02/19     Provision of Change Rooms for Wanneroo Central Volunteer Bushfire Brigade  248

Corporate Strategy & Performance  252

Business & Finance  252

CS01-02/19     Financial Activity Statement for the Period Ended 30 November 2018  252

CS02-02/19     Financial Activity Statement for the Period Ended 31 December 2018  278

Transactional Finance  304

CS03-02/19     Warrant of Payments for the Period to 31 December 2018  304

Customer & Information Services  366

CS04-02/19     Tender 18050 - Procure and Implement Financial Management Information System   366

Property Services  380

CS05-02/19     Future of Lot 1, 6 Wade Court, Girrawheen (known as Daisy House) and a portion of Lot 500, Reserve 10845, 9 Leach Road, Wanneroo. 380

Council & Corporate Support  388

CS06-02/19     Donations to be considered by Council - February 2019  388

CS07-02/19     Consideration of Motions Received at the Annual General Meeting of Electors  395

CS08-02/19     Local Government Postal Elections October 2019  401


 

Chief Executive Office  408

Office of the CEO Reports  408

CE01-02/19     Decisions Under Delegation during 2018-19 Council Recess Period  408

Advocacy & Economic Development  410

CE02-02/19     Federal Election 2019 Update:  Connect Wanneroo working with National Growth Areas Alliance and Growth Alliance Perth Peel  410

Item  9_____ Motions on Notice_ 415

MN01-02/19    Motion on Notice - Cr Russell Driver and Cr Natalie Sangalli (North Coast Ward) - Planning Framework for Development on Landmark Sites  415

MN02-02/19    Motion on Notice – Cr Linda Aitken (North Coast Ward) - Review of Issues Relating to Parking Around Schools to Decrease Congestion and Improve Parking During School Peak Times  419

Item  10____ Urgent Business_ 426

Item  11____ Confidential_ 426

CR01-02/19     Future of Lot 502 (13) Innes Place, Girrawheen  426

Item  12____ Date of Next Meeting_ 426

Item  13____ Closure_ 426

 


Agenda

 

Good evening Councillors, staff, ladies and gentlemen, we wish to acknowledge the traditional custodians of the land we are meeting on, the Whadjuk people.  We would like to pay respect to the Elders of the Nyoongar nation, past and present, who have walked and cared for the land and we acknowledge and respect their continuing culture and the contributions made to the life of this city and this region and I invite you to bow your head in prayer:

 

Lord, We ask for your blessing upon our City, our community and our Council.  Guide us in our decision making to act fairly, without fear or favour and with compassion, integrity and honesty.  May we show true leadership, be inclusive of all, and guide the City of Wanneroo to a prosperous future that all may share.  We ask this in your name. Amen

Item  1      Attendances

Item  2      Apologies and Leave of Absence

Item  3      Public Question Time

Item  4      Confirmation of Minutes

OC01-02/19       Minutes of Ordinary Council Meeting held on 11 December 2018

That the minutes of Ordinary Council Meeting held on 11 December 2018 be confirmed.

Item  5      Announcements by the Mayor without Discussion

Item  6      Questions from Elected Members

Item  7      Petitions

New Petitions Received

Update on Petitions  

Cr Zappa presented a petition of 23 signatories requesting to consider the provision of a swing set and park bench at Carona Park, Madeley (18/533109).

 

Update:

 

A report relating to this item is being presented at the Ordinary Council Meeting on Tuesday, 5 February 2019.

Item  8      Reports

Declarations of Interest by Elected Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.

Planning and Sustainability

Approval Services

PS01-02/19       Consideration of Development Application (DA2017/1291) - Additions to Tavern (Outdoor Bar and Entertainment Area) - Lot 7001 (33) Ocean Falls Boulevard, Mindarie

File Ref:                                              DA2017/1291 – 19/6178

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       6         

Issue

To consider a development application (DA2017/1291) for an Addition to an existing Tavern (Outdoor Bar and Entertainment Area) at Lot 7001 (33) Ocean Falls Boulevard, Mindarie (subject site).

Applicant

FJM Property

Owner

Visit Mindarie Pty Ltd

Location

Lot 7001 (33) Ocean Falls Boulevard, Mindarie

Site Area

1.446ha

DPS 2 Zoning

Marina

ASP 13 Zoning

Marina

Background

On 5 October 2017, the City received a development application for an Addition to an existing Tavern (Outdoor Bar and Entertainment Area) at the subject site (Mindarie Marina).

The subject site is bounded by the Mindarie Marina waterways to the north and west, Mixed Use zoned lots to the east and south-west, and car parking areas directly south.  A location plan of the subject site is included in Attachment 1.

The Mindarie Marina incorporates a range of uses, which include:

·          The Boat Bar and Restaurant;

·          The Indian Ocean Brewing Company;

·          Union Kitchen;

·          Six Degrees Dessert Bar;

·          Shikara Indian Restaurant;

·          Dome Café;

·          Mindarie Beauty (beauty salon);

·          Keys Hair Studio;

·          Offices;

·          Recreational activity rentals (boats, stand up paddle boards, kayaks);

·          The Mindarie Marina Hotel and Villas;

·          Four boat ramps; and

·          Approximately 250 boat pens.

The proposal is located on the existing volleyball court, and is an addition to ‘The Boat’ which was approved as a Tavern.

Detail

The development application proposes the following:

·          Converting the existing volleyball court to an outdoor bar and dining area, occupying an approximate area of 378m2;

·          A cinema screen to provide complementary services to the outdoor bar, with no audio being played and predominantly screened from adjacent residential properties by existing landscaping;

·          Speakers which play background music for the outdoor bar;

·          A sandpit with an area of 120m2;

·          A bouncy castle;

·          Capacity of up to 150 persons at any one time;

·          Operating from 12pm (midday) to 10pm, Thursday to Sunday, during the summer months; and

·          Landscaping and retaining walls surrounding the proposed outdoor bar.

The development plans under consideration are included in Attachment 2.

Agreed Structure Plan No. 13 Mindarie Keys Harbourside Village (ASP 13) states that a Tavern is an ‘A’ (discretionary subject to advertising) use in the Marina Zone. An assessment of the development application identified the proposal incorporates variations to the car parking standards of DPS 2. This will be discussed in the Comment section below.

Consultation

The application was advertised for a period of 21 days from 13 November 2018 until 4 December 2018. Advertising was undertaken by way of notice placed on the City’s website, a sign erected on site, an advertisement in the Wanneroo Times and Wanneroo Weekender and written notification to nearby landowners as shown on the map in Attachment 3. At the conclusion of the comment period 187 submissions were received, six objecting to the proposal, and 181 in support of the proposal.

The main issues raised during the advertising period relate to:

·          Impacts of noise generated from the proposal onto surrounding residents;

·          Increase in traffic that will impact surrounding residents; and

·          Increase in patrons will result in illegally parked vehicles as the car parking facilities are already operating at full capacity.

A summary of submissions received and Administration’s responses are shown in Attachment 4.

A more detailed discussion of the major issues raised during the public consultation period is provided in the Comment section.

Comment

Key Issues Raised in Submissions

Noise Impacts

A number of submitters raised concerns that noise generated from the development will impact the amenity of the residential area. The City has previously received noise complaints with the main source of noise coming from live music being played in the beer garden relating to The Boat. The City’s Environmental Health Officers are proactively working with the Mindarie Marina to resolve any noise issues that may arise from the venues on site.

An Environmental Noise Assessment was provided which considered the potential impacts from:

·          Typical beer garden noise levels for 150 persons;

·          Background music;

·          Refrigeration units; and

·          Exhaust Fans.

The report concluded that the proposed development could comply with the Environmental Protection (Noise) Regulations 1997 subject to:

·          Reducing the number of patrons from 150 at any one time, to 110;

·          Exhaust fans that are to be located on the side of the food and drinks containers to face the Marina, and shielded away from view of apartments using a cowling; and

·          Small directional speakers angled towards the ground with the volume set to 70dB(A) at one metre from the speaker box. The speakers are to be installed in such a way that they do not point towards apartments on Boston Quays.

The report was assessed by Administration who considered it satisfactory, however, noted the assessment did not address noise associated with the movies playing on the cinema screen or from the generator for the bouncy castle. The applicant confirmed no sound will be played for the movies (silent movies) and also requested the City exclude the bouncy castle from the development. Live music is also not proposed at the outdoor bar as background music will be played through speakers. A condition has been recommended to ensure no sound associated with the cinema screen is played at any time, no live music will be played at any time, and that the bouncy castle does not form part of the approval. Should the operators wish to play audio for movies on the cinema screen, they will be required to lodge an amended development application accompanied by a revised Environmental Noise Assessment.

In light of the above, Administration considers that potential noise impacts associated with the proposed development can be sufficiently managed through compliance with the Environmental Protection (Noise) Regulations 1997 and through the imposition of specific conditions of development approval. Should any complaints arise relating to noise generated on the site, Administration will investigate to ensure that the Outdoor Bar and Entertainment Area are operating in compliance with the Environmental Protection (Noise) Regulations 1997.

Increased Traffic

A number of submitters objected to the proposal as they consider it will significantly increase the number of vehicles on the surrounding road network.

A Traffic Impact Statement (TIS) was provided as part of this application, providing projected traffic volumes for the proposal. The projected traffic volumes are approximately 264 vehicle trips per day (VTPD), assuming that there is no reciprocity between the proposed use and the Mindarie Marina complex. However, the TIS states that the proposed outdoor bar and entertainment area are intended to be ancillary to the existing tavern on site, and is unlikely to generate additional traffic.  The proposed additions are expected to generate traffic volumes of 79VTPD. 

The City’s Transport and Traffic Services considers that the additional traffic generated by the proposed additions is not likely to impact on the normal flow of traffic on the adjoining and surrounding roads, and can be accommodated within the existing road network.

Car Parking

Concerns were raised that the existing car parking areas already operate at full capacity, and the proposed additions will increase patronage and result in illegally parked vehicles.

The applicant submitted a parking analysis for the Mindarie Marina which identifies a total of 564 car parking bays, four motorcycle bays and 157 boat trailer bays within the survey area. Please refer to Figure 1 of Attachment 5 for the survey area. All parking is unrestricted and publicly available, with the exception of 11 car bays which have been set aside for the exclusive use of hotel guests. The applicant has advised that boat trailer bays are the equivalent of two car bays, meaning that up to 878 car parking bays could be provided within the survey area. 

There is an existing car parking shortfall of 133 car bays within Mindarie Marina. DPS 2 car parking standards require Taverns to provide parking at a rate of 1 bay per 3m2 of bar area and 1 bay per 5m2 of dining area. A total of 76 car bays are required as part of this application, increasing the overall car parking shortfall to 209 car bays.

Notwithstanding the above, Administration is of the view that the shortfall could be supported for the following reasons:

·          The parking analysis submitted by the applicant provides aerial imaging which has recently been conducted during weekends in summer with the school holidays on, where peak usage is anticipated. The analysis demonstrated that demand for car parking is highest on the weekends with demand increasing in the late afternoon at 4pm, however at this time, the boat trailer parking area would have been vacated which provides for additional 314 car bays. The aerials demonstrate that the car park has not been operating at full capacity at any point in time when the analysis was conducted;

·          The proposed additions is unlikely to result in a significant increase in the number of patrons to the site as the proposed outdoor bar intends to provide more space and an entertainment area for children for the existing Tavern, rather than operating an event which would generate an increase in patrons;

·          Administration has advised that aside from when summer events are occurring, there are no issues with car parking at Mindarie Marina; and

·          The Mindarie Marina complex consists of a range of different land uses including a hotel, a number of restaurants and taverns, beauty and hair salons, recreational activity rentals and few offices such as a real estate office.  The subject site is identified as a Commercial Precinct under ASP 13, and is intended to generate multi-purpose trips. There is a degree of reciprocity between the uses which would decrease the car parking demand.

However, whilst supportive of the shortfall, Administration is mindful that there is a high demand for parking during events and the parking shortfall has been calculated on the basis that each boat trailer bay equates to two car parking bays. To ensure sufficient parking is available within the Marina Precinct, Administration has recommended a condition for the proponent to provide a car parking management plan to demonstrate the availability of parking on an ongoing basis.

Consideration against ASP 13

The subject site is located within the Harbourside Commercial Precinct under ASP 13 and has been earmarked for a hotel and supporting uses such as taverns. The objectives of the Harbourside Commercial Precinct are to:

·          Create an active focus for the community with a balance of viable uses and diversity of retail and commercial uses and leisure opportunities that generate day and evening activity;

·          Encourage high standards of built form;

·          Provide continuity of activity along streets and around the harbour; and

·          Provide efficient vehicle access with pedestrian priority.

The proposed additions are considered to meet the above objectives as it provides for leisure activities during the day and evening around the harbour, whilst providing for high standards of built form. The proposal will not impact upon existing vehicle access and pedestrian priority.

Additionally, the closest nearby residential properties are located within the surrounding Mixed Use zone which is to accommodate a mixture of residential and small scale businesses.

Whilst the concerns raised in the submissions are acknowledged by Administration, it is noted that the State Administrative Tribunal’s decision in DCSC Pty Ltd v Presiding Member of the Southern Joint Development Assessment Panel on 23 August 2017 confirmed that residents adjoining a commercial site are to expect a diminished level of comfort, and residential uses in close proximity to non-residential uses cannot expect the same degree of amenity as would be found in a homogenous residential suburb.

Operating Hours

The applicant has requested that the hours of operation for the outdoor bar and entertainment area to be restricted from 12:00pm (midday) to 10:00pm, Thursday to Sunday, during summer months only. The applicant has requested for summer months given that weather conditions could restrict the use of an outdoor bar. Notwithstanding this, Administration is of the view that the hours of operation should only restrict the hours and days of the week as it is difficult to anticipate weather conditions, it allows for flexibility, and the change in weather will not increase any impacts to surrounding residential properties. As such, a condition is recommended for the hours of operation to be restricted from 12:00pm to 10:00pm, Thursday to Sunday only.

Operational Management Plan

Typically, an operational management plan is required under the City’s Local Planning Policy 2.8 Licensed Premises (LPP 2.8) for new taverns to demonstrate that matters such as noise, complaints, rubbish disposal, and security, are appropriately managed. Whilst the outdoor bar is an addition to the existing Tavern on site, an operational management plan for the outdoor bar and entertainment area has been provided in support of this application. The operational management plan is included as Attachment 6.

Administration has reviewed the operational management plan and is of the view that it sufficiently addresses the matters outlined in LPP 2.8. As such, a condition is imposed to ensure the outdoor bar and entertainment area operates in compliance with the operational management plan.

Waste Disposal

The operational management plan indicates that bins will be provided within the dining areas for waste disposal, and at the end of the day, the waste will be removed and disposed of within the waste storage areas of the Mindarie Marina complex. Waste generated by the complex is collected and removed off site by private contractors. Administration is satisfied that any additional waste can be appropriately managed within existing practices.

Conclusion

In light of the above, the proposed variations for the Addition to Tavern (Outdoor Bar and  Entertainment Area) are considered to satisfactorily meet the requirements of DPS 2. Administration considers that the issues raised during the advertising period can be sufficiently addressed through the imposition of conditions and no further modifications to the proposal are required.

It is therefore recommended that Council approve the proposed development subject to conditions.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s District Planning Scheme No. 2, Mindarie Keys Harbourside Village Agreed Structure Plan No. 13, and Local Planning Policy 2.8 Licensed Premises.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “1     Society

1.3    Distinctive Places

1.3.1Create distinctive places based on identity of areas

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

The proposal has been assessed against the relevant provisions of the following:

·          District Planning Scheme No. 2;

·          Mindarie Keys Harbourside Village Agreed Structure Plan No. 13; and

·          Local Planning Policy 2.8: Licensed Premises.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.         Pursuant to Clause 68(2)(b) of the Deemed Provisions of District Planning Scheme No. 2, APPROVES the Development Application (DA2017/1291), as shown in Attachment 2, for an Addition to Tavern (Outdoor Bar and  Entertainment Area) at Lot 7001 (33) Ocean Falls Boulevard, Mindarie, subject to the following conditions:

a)      This approval only relates to the proposed Addition to Tavern (Outdoor Bar and Entertainment Area) as indicated on the approved plans. It does not relate to any other development on the lot.

b)      The hours of operation of the Addition to Tavern (Outdoor Bar and Entertainment Area) shall be between the hours of 12:00pm and 10:00pm, Thursday to Sunday only.

c)      Any works component shall be completed prior to the commencement of the use.

d)      Stormwater and any other water run-off from buildings or paved areas shall be collected and retained on site.

e)      The operation of the Addition to Tavern (Outdoor Bar and Entertainment Area) shall be undertaken in accordance with the recommendations outlined in the Environmental Noise Assessment dated 29 October 2018 and prepared by Lloyd George Acoustics Pty Ltd, which include:

i.        A maximum of 110 persons (including staff) are permitted within the Addition to Tavern (Outdoor Bar and Entertainment Area) premises at any one time;

ii.       Exhaust fans that are to be located on the side of the food and drinks containers are to face the Marina, and shielded away from view of apartments using a cowling; and

iii.      Small directional speakers angled towards the ground with the volume set to 70dB(A) at one metre from the speaker box. The speakers are to be installed in such a way that they do not point towards the apartments on Boston Quays.

f)       The bouncy castle as shown on the plan does not form part of this approval.

g)      No sound shall emanate from the material streamed on the cinema screen at any time.

h)      Live music shall not be played at any time.

i)       The approved Addition to Tavern (Outdoor Bar and Entertainment Area) shall operate and be managed in accordance with the approved Operational Management Plan (Attachment 6) to the satisfaction of the City of Wanneroo.

j)       A Car Parking Management Plan shall be submitted and approved by the City prior to the commencement of the use. Car Parking shall be managed in accordance with the approved Car Parking Management Plan for the duration of the development to the satisfaction of the City.

k)      A construction management plan shall be submitted for approval when application is made for a building licence. This plan is to detail how construction will be managed to minimise disruption in the area and shall include:

i.        The delivery times for materials and equipment to the site;

ii.       Storage of materials and the location and type of equipment on site;

iii.      Parking arrangements for contractors and sub-contractors;

iv.      Construction times;

v.       Measures to minimise noise impacts on surrounding residents; and

vi.      Any other matter required by the City.

 

 

Attachments:

1.

Attachment 1 - Location Plan - Lot 7001 (33) Ocean Falls Boulevard, Mindarie

19/24537

 

2.

Attachment 2 - Development Plans - Lot 7001 (33) Ocean Falls Boulevard, Mindarie

19/24546

 

3.

Attachment 3 - Advertising Map - Lot 7001 (33) Ocean Falls Boulevard, Mindarie

19/25828

 

4.

Attachment 4 - Summary of Submissions - Lot 7001 (33) Ocean Falls Boulevard, Mindarie

19/24547

 

5.

Attachment 5 - Parking Anaylsis - Lot 7001 (33) Ocean Falls Boulevard, Mindarie

19/23393

 

6.

Attachment 6 - Operational Management Plan - Lot 7001 (33) Ocean Falls Boulevard, Mindarie

19/24552

Minuted

 

 

 

 


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PS02-02/19       Consideration of Development Application (DA2018/260) - Mixed Use Development (Two Multiple Dwellings, Restaurant) at 15 Boston Quays, Mindarie

File Ref:                                              DA2018/260 – 18/353044

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

­Issue­

To consider a development application (DA2018/260) for two Multiple Dwellings and a Restaurant at Lot 351 (15) Boston Quays, Mindarie (subject site).

 

Applicant

Exceptional Adesign Drafting

Owner

Alan Davey

Location

Lot 351 (15) Boston Quays, Mindarie

Site Area

314m²

DPS 2 Zoning

Marina

ASP 13 Zoning

Mixed Use R100

Background

On 12 March 2009, the City approved a development application for three Multiple Dwellings. This approval was not acted on and has now lapsed. A development application was submitted to the City on 1 March 2018 for two Multiple Dwellings and a Restaurant and is the subject of this report.

Detail

Zoning

The subject site is zoned ‘Marina’ under the City’s District Planning Scheme No. 2 (DPS 2) and ‘Mixed Use’ under Agreed Structure Plan No. 13 (ASP 13). The subject site is located within Precinct 2B – Harbourside Village (Mixed Use Precinct) and has a residential density coding of R100 as per Detailed Area Plan No. 7 – Mindarie Keys Harbourside (DAP 7). A location plan of the subject site is included as Attachment 1.

Details of Proposal

The development application proposes two Multiple Dwellings and a Restaurant which are “D” (Discretionary) uses in the Mixed Use zone under DPS 2. The revised development application plans received by the City on 23 August 2018 incorporate the following elements:

·          A four-storey development including a basement with six car parking bays;

·          Two car parking spaces accessed off Mistley Lane;

·          A Restaurant on the ground floor with a maximum capacity of 60 people (55 patrons and five staff members);

·          Two Multiple Dwellings on the first and second storeys; and

·          A rooftop communal open space area with landscaping for the sole use of the residents of the building.

 

Plans depicting the proposal are included in Attachment 2.

Consultation

Advertising of the proposal was undertaken by the City in writing to the owners and occupiers of six surrounding properties. Advertising was undertaken for a period of 21 days commencing 7 May and closing on 28 May 2019. At the conclusion of the advertising period, a total of four submissions were received, all objecting to the proposal.

The main issues raised during the advertising period relate to:

·          Hours of operation, patron numbers and whether the restaurant will operate as a small bar/tavern;

·          Number of car parking bays and how car parking will be managed in particular for the Restaurant;

·          Traffic generated from the proposed land uses; and

·          The location of the Restaurant not being appropriate within a residential area; and

·          Noise generated from the proposed Restaurant.

The summary of submissions and responses from Administration is included in Attachment 3. Following the consultation period, the applicant provided further information to address the issues raised by Administration and the submitters which included a Car Parking Management Plan (CPMP) and Acoustic Report (AR) as means to address the issues raised during consultation.

Comment

Car Parking

The development is required to provide 19 bays, comprising of 15 bays for the Restaurant and four bays for the Multiple Dwellings. The development provides eight on-site car parking bays; two on-site car parking bays accessed at ground level of Mistley Lane and an additional six car parking bays within the basement level of the development (one of which is a disabled bay and one which is a small car bay). The development results in a shortfall of 11 bays.

Table 6 of the CPMP states four bays will be reserved for the restaurant, with three resident bays and one visitor bay.

The applicant considers the eight on-site bays to be sufficient due to the amount of car parking within the Harbourside Village Precinct. The applicant provided a Car Parking Management Plan (CPMP) which identifies the number of on-street and off-street parking areas available within proximity to the subject site. The CPMP identifies that there is sufficient on-street and off-street parking provision within the Mindarie Keys Harbourside Village area to accommodate for the restaurant staff and patrons. The CPMP presumes the majority of restaurant patrons are local residents or people who have already parked within the village precinct and are walking through the precinct.

Administration has reviewed the CPMP and considers the variations to Clause 4.14 of DPS 2 acceptable for the following reasons:

·          The subject lot is one of nine mixed use lots located along Boston Quays. Of these, six of these nine have been developed as multiple dwellings only with sufficient on-site parking for residents. This proposed restaurant land use will provide a commercial element within a mixed use precinct that is walkable and accessible for residents within the locality; and

·          The proposed development provides a total of eight on-site car parking bays which are reserved for the use of the residents and for the restaurant staff members. There are over 350 car parking bays within a 200 metre radius of the subject site. It is likely the restaurant patrons will also visit the Mindarie Marina Precinct and use these existing parking facilities as a base for their visit.

Assessment against the R-Codes

In accordance with Part 2 of the R-Codes, if a proposal does not meet the Deemed-to-Comply provisions, the City is to exercise its judgement to consider the merits of the proposal having regard to the relevant design principle(s). The departures to the R-Codes are discussed in further detail below.

Plot ratio

The Deemed-to-Comply plot ratio for this development is 1.5 which equates to 471m2. The proposal provides a plot ratio of 1.73 which equates to 543m2.

As the proposed development does not meet the Deemed-to-Comply requirements of Clause 6.1.1, it has been assessed against the corresponding Design Principles, as detailed in the table below.

Design Principles – Clause 6.1.1 P1

Administration Comments

 

Development of the building is at a bulk and scale indicated in the local planning framework and is consistent with the existing of future desired built form of the locality.

Administration considers the development does not satisfy Design Principle P1 of Clause 6.1.1 for the following reasons:

 

·    Existing development within the immediate area is three storeys in height and is directly accessed from the footpath on Boston Quays. The proposed development presents as four storeys as viewed from Boston Quays and has a finished ground floor level that is approximately 2 metres higher than the footpath level. This is due to part of the basement car park sitting above natural ground level. This higher ground floor level requires external stair access in lieu of direct access from the footpath. This is not a desirable built form outcome.

·    The proposed development has a nil setback to Penzance Terrace, a small portion of the Boston Quays boundary and to the truncation of Penzance Terrace and Mistley Lane on all levels. The height and nil setbacks present a bulk and scale that is not desirable in this location. A reduction in the plot ratio would enable a greater setback from Boston Quays, Penzance Terrace and the truncation, which would reduce the bulk and scale of the development as viewed from the street and nearby properties. Furthermore, the floor level of the ground floor does not provide a desirable interface with the street and further exacerbates the scale of the development when viewed from the street.

·    ASP 13 states buildings within the mixed use precinct shall have active frontages with no blank facades fronting the street and boardwalk, and that buildings on corner sites should be developed as landmarks within the overall urban fabric. The proposed development does not provide an active frontage with the street, due to the significant differences between the footpath and ground floor level, which has resulted in an external staircase running parallel to the footpath to provide access to the ground floor level from Boston Quays. This is not consistent with the desired built form for the locality as outlined in ASP 13.  

·    The R-Codes excludes below ground parking levels from the plot ratio calculations. It is acknowledged that the subject site experiences a 2m slope however, a significant portion of the basement level sits above the natural ground level of Penance Terrace which contributes towards excess building bulk and scale added to the streetscape.

Given the above, Administration is of the view that the proposal above does not satisfy the Design Principles of Clause 6.1.1 of the R-Codes.

Building Heights

Both the R-Codes and ASP 13 permit a Deemed-to-Comply 12m wall height. The proposal provides a maximum wall height of 13.3m to the top of the lift well as viewed from Boston Quays.

As the proposed development does not meet the Deemed-to-Comply requirements of Clause 6.1.2, it has been assessed against the corresponding Design Principles, as detailed in the table below.

Design Principles – Clause 6.1.2 P2

Administration Comments

 

Building height that creates no adverse impact on the amenity of adjoining properties or the streetscape, including road reserves and public open space reserves; and where appropriate maintains:

·    adequate access to direct sun into buildings and appurtenant open spaces;

·    adequate daylight to major openings into habitable rooms;

·    access to views of significance;

·    buildings present a human scale for pedestrians;

·    building façades designed to reduce the perception of height through design measures; and

·    podium style development is provided where appropriate

Administration considers the development does not satisfy Design Principle P2 of Clause 6.1.2 for the following reasons:

 

·    The impact of the height of the development as viewed by pedestrians is exacerbated by the ground floor level being approximately 2 metres higher than the footpath on Boston Quays. The ground floor level and nil setback for all levels to Penzance Terrace results in pedestrians having to look up to the ground floor level of the building. This increases the impact of height given the building façade is three storeys with minimal articulation to reduce the perception of height. This results in the development not presenting at a human scale for pedestrians.

·    The lift well comprises a flat wall with no articulation at 13.3 metres in height. The submitted perspectives provided in Attachment 2 show use of differing materials on this wall, however it is considered they do not reduce the perception of height as viewed from the street.

·    The height of the building does not reduce towards the rear of the lot. It is considered the height of the building coupled with the upper floor nil setbacks to Penzance Terrace will compromise the nearby properties’ access to views of the Marina.

 

Given the above, Administration is of the view that the proposal above does not satisfy the Design Principles of Clause 6.1.2 of the R-Codes.


 

Primary Street Setback

ASP 13 and LDP No. 7 prescribe the following primary street setbacks:

·           Primary Street (Boston Quays):

o    minimum setback of three metres to buildings and 1.5 metres to projections including verandahs and awnings.

o    maximum setback of 4.5 metres.

The application proposes the following ground floor setbacks:

·           Setback to lift well at 1.5 metres in lieu of three metres; and

·           Nil setback to a portion of the ground floor verandah in lieu of 1.5 metres.

The proposed development does not meet the prescribed primary street setbacks, therefore it has been assessed against the corresponding Design Principles, as detailed in the table below.

Design Principles – Clause 6.1.3 P3

Administration Comments

 

Buildings are set back from street boundaries (primary and secondary) an appropriate distance to ensure they:

·    contribute to the desired streetscape;

·    provide articulation of the building on the primary and secondary streets;

·    allow for minor projections that add interest and reflect the character of the street without impacting on the appearance of bulk over the site;

·    are appropriate to its location, respecting the adjoining development and existing streetscape; and

·    facilitate the provision of weather protection where appropriate.

Setback to lift well at 1.5 metres in lieu of three metres

Administration considers the development does not satisfy Design Principle P3 of Clause 6.1.3 for the following reasons:

 

·    ASP 13 requires buildings to provide active frontages to all street elevations. The lift well is located in front of the building alignment and is the most prominent feature of the building, given the lift well faces directly to Boston Quays and is measured at 13.3m in height. The lift well wall is not articulated and does not positively contribute to the desired active streetscape outcome of Boston Quays.

·    The lift well wall is not considered a minor projection as it is four storeys in height. The lift well wall adds to the building bulk as viewed from Boston Quays and does not reflect the character of the street by way of its height and lack of articulation.

·    The nearby developments have been approved with lift wells within the envelope of the respective building. The position of the lift well wall in front of the building alignment is not appropriate and detrimentally impacts on the Boston Quays streetscape

·    The lift well wall is enclosed on all sides and is considered weather appropriate. Notwithstanding this, Administration considers the ground floor setback of the lift well does not satisfy the Design Principles.

 

Nil setback to a portion of the ground floor verandah in lieu of 1.5 metres.

Administration considers the development does not satisfy Design Principle P3 of Clause 6.1.3 for the following reasons:

 

·    The finished floor level of the verandah is raised approximately two metres above the footpath level of Boston Quays which is inconsistent with the established development in this location. The significant difference in levels does not align with the existing or desired streetscape which is to provide buildings with direct access from the footpath on Boston Quays.

·    ASP 13 identifies that corner sites to be developed as landmarks. The raised ground floor level of this site creates a barrier to the public realm which is not reflective of a landmark development or reflective of the desired streetscape. Lowering the ground floor level and increasing the setbacks would assist in addressing these issues.

Given the above, Administration is of the view that the proposal above does not satisfy the Design Principles of Clause 6.1.3 of the R-Codes.

Secondary Street/Laneway Setbacks

ASP 13 and LDP No. 7 prescribe the following secondary street and laneway setbacks:

·           Secondary Street (Penzance Terrace): one metre side setback.

·           Rear Setback (Mistley Lane): 1.5 metres.

The proposed development provides the following setbacks:

·          Secondary Street (Penzance Terrace & truncation with Mistley Lane):

o    Nil setback to all levels in lieu of one metre;

·          Rear Setback:

o    1.5 metres to all levels (compliant).

The proposed development does not meet the prescribed secondary street setbacks, therefore it has been assessed against the corresponding Design Principles, as detailed in the table below:

Design Principles – Clause 6.1.3 P3

Administration Comments

 

Buildings are set back from street boundaries (primary and secondary) an appropriate distance to ensure they:

·    contribute to the desired streetscape;

·    provide articulation of the building on the primary and secondary streets;

·    allow for minor projections that add interest and reflect the character of the street without impacting on the appearance of bulk over the site;

·    are appropriate to its location, respecting the adjoining development and existing streetscape; and

·    facilitate the provision of weather protection where appropriate.

Secondary Street (Penzance Terrace & truncation with Mistley Lane): Nil setback to all levels in lieu of one metre;
Administration considers the development does not satisfy Design Principle P3 of Clause 6.1.3 for the following reasons:

 

·    The basement carpark protrudes above the footpath level and has a nil setback which creates a barrier to the footpath. In addition, the proposal includes glass block style glazing along the basement wall on the footpath boundary. The protruding basement carpark results in the ground floor level increasing to be up to two metres higher than the footpath along Penzance Terrace (site slopes down towards Boston Quays). This nil setback is exacerbated by the ground floor level and does not contribute to the desired streetscape or respect the existing streetscape. A reduced ground floor level to provide an active frontage to Penzance Terrace and increased setbacks to the upper floors could improve the impact of the building as viewed from Penzance Terrace.

·    The proposed nil setback to Penzance Terrace and the truncation does not respect the setbacks of the existing dwellings on Penzance Terrace which are all set back from the boundary.

 

Disabled Access

Clause 6.3.2 of the R-Codes relates to landscaping and considers wheelchair accessibility to be an element of landscaping. Soft landscaping is discussed in more detail under the Design WA heading below.

The R-Codes requires separate pedestrian paths providing wheelchair accessibility connecting all entries to buildings with the public footpath and car parking areas. The application proposes a 2.16m high staircase to the entry of the building with no direct wheelchair accessibility from Boston Quays.

As the proposed development does not meet the Deemed-to-Comply requirements of Clause 6.3.2, it has been assessed against the corresponding Design Principles, as detailed in the table below.

Design Principles – Clause 6.3.2 P2

Administration Comments

 

The space around the building is designed to allow for planting. Landscaping of the site is to be undertaken with appropriate planting, paving and other landscaping that:

·    meets the projected needs of the residents;

·    enhances security and safety for residents; and

·    contributes to the streetscape.

 

Administration considers the development does not satisfy Design Principle P3 of Clause 6.1.3 for the following reasons:

·    The site is wheelchair accessible via Mistley Lane, through the ground floor Restaurant dining area. Administration considers the development fronting Boston Quays and Penzance Terrace should be wheelchair accessible and should not be accessed via Mistley Lane only.

·    The development does not propose any suitable landscaping within the Boston Quays street setback area or throughout the subject site.

·    In addition to the above, the lack of landscaping provided on the site does not positively contribute to the amenity of the residents and therefore does not meet the projected needs of the residents for high quality landscaping features. 

·    The applicant has justified the lift via the ground floor can provide for wheelchair accessibility into the site. The lift must share lift access with the commercial premises users and therefore, this can present security issues for residents.

 

Given the above, Administration is of the view that the proposal above does not satisfy the Design Principles of Clause 6.3.2 of the R-Codes.

Draft State Planning Policy 7.3: Design WA

The proposal has also been assessed against Volume 2 of draft State Planning Policy 7.3 Residential Design Codes (Design WA).  The draft document was released for public comment but has not yet been finalised or formally adopted.

In addition to its assessment against Design WA, Administration engaged a design review consultant to prepare a report demonstrating the proposal’s compliance with the draft policy.


 

The report covers the strengths and weaknesses of the proposal which included some of the following key elements:

Strengths of the proposal:

·          The ground floor restaurant use capitalises on the location and relationship with the marina and Mixed Use Precinct;

·          Outdoor alfresco dinning capitalises on the location and has the capacity to contribute to the vitality of the precinct;

·          Ground floor uses extend for the full length of Boston Quay and Penzance Terrace creating an active and engaged relationship with the public domain;

·          Servicing and vehicle access is restricted to Mistley Lane;

·          Both apartments and the commercial restaurant enjoy full cross ventilation; and

·          Both apartments enjoy generous outdoor balcony spaces; and

·          The roof top terrace provides excellent amenity for the building occupants with indicative planting.

Elements of the proposal that can be improved upon:

·          The ground floor commercial premises is situated approximately two metres above the ground floor foot path at Boston Quay providing a less than ideal relationship with the public domain

·          The basement car park extends above the ground plane by approximately two metres at Boston Quay with further grade separation at Penzance Terrace, which presents an inactive and invasive ground floor streetscape;

·          The apartment entry lobby is accessed via a ramp and is approximately 0.5 metre below the street access point at the semi-basement level;

·          The entry door accesses a small and constrained lobby that will provide inadequate dimensions for the movement of furniture etc. into the apartments;

·          The residents share lift access with commercial premises visitors;

·          There is a limited provision for deep soil planting. Given the discretion this proposal is seeking in relation to plot ratio it is reasonable to expect an exemplary approach in relation to landscaping;

·          Roof terrace planting is situated in planter boxes however it is not clear if adequate provision has been made for reticulation; and

·          The roof terrace provides little to no shade or weather protection.

Further detail on Administration’s assessment against key elements of Design WA is provided below.

Deep Soil Areas

Design WA prescribes that 12 per cent of the site should be provided as deep soil areas with a minimum dimension of three metres. This equates to a total of 37.68m2. The development provides a total of approximately 1.8% (6.5m2) of deep soil landscaping.

The deep soil areas provided are minimal and will not provide an environment to support healthy plant and tree growth.  Landscaping is proposed within planters on the roof deck which will provide amenity for the residents, however, this is not considered to be sufficient for a development of this scale. Administration considers the proposal does not meet the intent of Design WA and that additional deep soil zones and landscaping around the development would assist in moderating the bulk and scale of the development and provide opportunities for additional landscaping which will improve the amenity of the development for both residents and as viewed from the public realm.


 

Facades

Clause 4.12 of Design WA seeks building façades which provide visual interest along the street which are keeping in character of the local area and streetscape. The façade of the development facing Boston Quays and Penzance Terrace Street proposes a four storey building with no active street frontage or building articulations which increases the bulk and scale of the development when viewed from the public realm and nearby properties, which does not meet the intent of Design WA. Administration considers the building façade could be improved by setting back the upper floors to reduce the bulk and scale of the building, and through the use of different materials to introduce depth and articulation into the façade.

Public Domain Interface and Pedestrian Access and Entries

Design WA requires developments to provide a clear and definable entry which is easily accessible from the street. The proposed development does not have a clear and definable entry point as viewed from Boston Quays due to the ground floor level being approximately two metres above the footpath level and accessible by a staircase which runs parallel to the lot boundary. Access to the residential lobby is 0.5 metres below footpath level and does not present as a clearly defined entry point. The interface of the development with the public domain and the entry points do not sufficiently addressed the intent of Design WA. Administration considers the proposal should provide more articulated and better defined entry points to the street, including a reduction in the height of the ground floor level to enable direct access from the footpath on Boston Quays.

Conclusion

The application for two Multiple Dwellings and a Restaurant at Lot 351 (15) Boston Quays, Mindarie has been assessed against the City’s planning framework. Administration considers the proposal does not satisfy the design principles of the R-Codes and objectives of ASP 13 and therefore should not be supported.

Additionally, Administration considers the applicant has not given sufficient regard to the requirements of Design WA, particularly in relation to deep soil areas, building façade and the interface of the development with the public realm. In this regard, Administration is of the view that the development is unacceptable and therefore, recommends that the development application be refused.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s District Planning Scheme No. 2, the State Planning Policy 3.1 – Residential Design Codes, Agreed Structure Plan 13, Detailed Area Plan 7 – Mindarie Keys Harbourside Village and consideration given to the Draft State Planning Policy 7.3: Design WA Policy.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “3     Environment (Built)

3.4    Activated Places

3.4.3  Enhance distinctive built form and spaces based on identity of areas

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 

 

Recommendation

That Council:-

1.         Pursuant to Clause 68(2)(c) of the Deemed Provisions of the City of Wanneroo District Planning Scheme No. 2 REFUSES the Development Application (DA2018/260) for two Multiple Dwellings and a Restaurant at Lot 351 (15) Boston Quays, Mindarie as shown in Attachment 2 of this report, for the following reasons:

a)      The proposed plot ratio does not meet design principle P1 of Clause 6.1.1 of State Planning Policy 3.1 Residential Design Codes as it is of a bulk and scale that is inconsistent with the existing and future desired built form of the locality.

b)      The proposed height does not meet design principle P2 of Clause 6.1.2 of State Planning Policy 3.1 Residential Design Codes as it will adversely impact on the amenity of adjoining properties and the streetscape, the development does not present at a human scale to pedestrians or incorporate building facades which reduce the perception of height through design measures.

c)      The proposed street setbacks do not meet design principle P3 of Clause 6.1.3 of State Planning Policy 3.1 Residential Design Codes as the development does not contribute to the desired streetscape or provide sufficient articulation to Boston Quays and Penzance Terrace, and it does not respect the adjoining development and existing streetscape.

d)      The proposed landscaping does not provide suitable disabled access to the development which does not meet design principle P2 of Clause 6.3.2 of State Planning Policy 3.1 Residential Design Codes as the access does not meet the projected needs of residents.

e)      Approval of the application would be contrary to the following matters to be considered by Council in exercising its discretion under Clause 67 of the Deemed Provisions of DPS 2:

i.           Clause 67(b), as the proposal does not have due consideration for the Draft State Planning Policy 7.3 Residential Design Codes: Guidance for multiple-dwelling and mixed-use developments.

ii.          Clause 67(p), as the proposed landscaping provided is considered inadequate for the development.

iii.         Clause 67(m) and Clause 67(n)(ii), as the building is not considered to be compatible with the character of the locality, due to its excessive plot ratio, height and street setbacks which will impact on the streetscape and adjoining residential properties.

f)       The proposed development has not had due regard to the Draft State Planning Policy 7.3 Residential Design Codes: Guidance for multiple-dwelling and mixed-use developments in particular, the following sections:

·          3.4         Deep soil areas;

·          3.7         Public domain interface;

·          3.8         Pedestrian access and entries; and

·          4.12       Facades.

2.         ADVISES the submitter(s) of its decision.

 

Attachments:

1.

Attachment 1 - Location Plan - Lot 351 (15) Boston Quays

18/355142

 

2.

Attachment 2 - Development Application Plans

18/495551

Minuted

3.

Attachment 3 - Map of Adjoining Land Owners Advertised to and Schedule of Submissions - 15 Boston Quays, Mindarie

18/495686

 

 

 

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                                                           48

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                                                           61

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                           65

PS03-02/19       Amendment No. 170 to District Planning Scheme No. 2 (DPS 2) – Lot 31 (90) Rousset Road, Jandabup

File Ref:                                              36216 – 18/458699

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Issue

To consider an amendment to District Planning Scheme No. 2 (DPS 2) by including the use class ‘Storage Yard’ as an Additional Use on Lot 31 (90) Rousset Road, Jandabup (the subject site).  

Applicant

Burgess Design Group

Owner

Mr Monty Shipman and Ms Carol Swailes

Location

Lot 31 (90) Rousset Road, Jandabup

Site Area

4 hectares 

MRS Zoning

Urban Deferred

DPS 2 Zoning

General Rural

Background

On 13 April 2018, the City received an enquiry as to whether development approval had been granted for caravans to be parked on a subject site. Following an investigation by Administration, it was identified that the existing Storage Yard has been operating approximately for the last five years without a valid development approval. There are approximately 120 vehicles (caravans, boats, cars and trailers.) parked on the site. A number of sea containers are also stored on the subject site.

The subject site is zoned General Rural under District Planning Scheme No. 2 (DPS 2) and the use is classified as a Storage Yard. A Storage Yard is not permitted ‘X’ in the General Rural zone.

On 21 August 2018 a meeting was held between the City and the landowners to discuss the unauthorised use of the site and the options available to the landowner. The options included ceasing the use or lodging an amendment to DPS 2 for Council’s consideration to allow the use class ‘Storage Yard’ as an Additional Use on the subject land. Accordingly, on 17 September 2018, Burgess Design Group (the applicant) on behalf of the landowners lodged Amendment No. 170 to DPS 2 for the City’s consideration.

Detail

Site

The subject site fronts Rousset Road and is 4 hectares in area. There is a dwelling and a number of outbuildings located on the site. The site is mostly cleared except for some trees around the dwelling. Currently the site is being used for residential purposes, storage of scaffolding materials, caravans, boats, cars, trailers, and sea containers. A location plan is provided as Attachment 1.

Zoning

The subject site and the land to the south and west are zoned General Rural, and the land to the north is zoned Rural Resource under DPS 2. The land to the east is reserved as Parks and Recreation under the Western Australian Metropolitan Region Scheme (MRS) and DPS 2. 

Proposal

The proposal seeks to amend DPS 2 by:

a)         Introducing ‘Storage Yard’ as an ‘Additional Use’ on Lot 31 (90) Rousset Road, Jandabup and amending Schedule 2 – Section 1 (Clause 3.20) - Additional Uses, as follows:

No

Street/Locality

Particulars of Land

Additional Use and Conditions (where applicable)

A40

1-40

90 Rousset Road,

Jandabup

Lot 31

Storage Yard

 

b)         Amend the Scheme Map accordingly.

Attachment 2 contains the amendment plan showing the existing and amended zoning.

The proposal anticipates storing a maximum of 400 vehicles on site at any given time.

Consultation

The proposed amendment to DPS 2 is considered a “complex amendment” in accordance with Part 5 – Division 1 of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason:

·          An amendment relating to development that is of a scale, or will have an impact, that is significant relative to development in the locality.   

The Regulations require a complex amendment to be referred to the Western Australian Planning Commission. 

In addition, the amendment will be referred to the Environmental Protection Authority (EPA) to assess the environmental impacts of the proposal and determine whether any formal environmental assessment is necessary.

Subject to the approval of the Commission and the EPA the complex amendment will be advertised for public comment for a period of 60 days.  Advertising will be undertaken consistent with the requirements of the Planning and Development (Local Planning Schemes) Regulations 2015, by way of:

·          Advertisement in a local newspaper;

·          Placement of a sign on affected sites, giving notice of the proposal;

·          Display notice of the proposal in Council offices;

·          Display on the City’s website; and

·          Referral in writing to affected persons/agencies.

Comment

The proposal seeks to include Storage Yard as an additional use within General Rural zone. Under DPS 2, Storage Yard is a non-permitted ‘X’ use in General Rural Zone. The definition of a Storage Yard, as per DPS 2, is as follows;

Storage Yard: means any land or buildings used for the storage of goods, equipment, plant or materials.


 

Applicant’s Justification

The applicant’s justification for the proposal can be summarised as follows:

 

1.         The proposed ‘Additional Use – Storage Yard’ is not considered to prejudice future planning given that the preparation of District Structure Plans (DSP) to lift Urban Deferment may take approximately 2 years to be approved with a Local Structure Plan to follow thereafter. As such, a time limited approval can be included as a condition of development approval;

2.         The proposed Scheme Amendment to facilitate the ultimate development of a Storage Yard will not adversely affect the amenity of the area. The existing trees in the verge of Rousset Road partially screen the Storage Yard from the road, and land to the north, and reduce visual and noise impacts;

3.         It is not financially viable for the property owner to establish a similar business within a General Industrial or Service Industrial zoned lot which in a ‘Storage Yard’ is a Permitted (P) or a Discretionary (D) land use respectively; and

4.         The landowners are unable to operate a nursery or use the land for any rural and/or horticultural pursuit given that it has been extensively cleared and they do not have a current water licence.

Administration requested the applicant to justify the proposal from the planning point of view against the objectives of General Rural Zone however, the applicant advised that there was no further justification than that outlined above.  

Administration’s Comments

Administration’s response to the applicant’s justification is provided below:

1.         The subject land forms part of the broader East Wanneroo area which was rezoned to Urban Deferred under the MRS in September 2018. The timeframe for the lifting of urban deferment is subject to many considerations which are outlined below;

·        The Department of Planning, Lands and Heritage (DPLH) is currently preparing a DS for East Wanneroo. The DSP is intended to be released for comment around March 2019, and is likely to be finalised around the end of 2019;

·        The DSP is intended to include proposals for staging of development of the area and to divide the area into ‘precincts’ for the purpose of subsequent preparation of Local Structure Plans (LSP) and local – level Development Contribution Plans (DCP) ; and

·        It is currently understood that staging is likely to involve development commencing generally in the north – west part of East Wanneroo, and then progressing generally to the south and south – east. Administration estimates that this might see the precinct encompassing the subject land being approved for lifting of deferment, rezoning under DPS 2, and preparation of a LSP in possibly 10 – 15 years’ time.

As noted above, the subject land and surrounding area could potentially remain zoned General Rural under DPS 2 for at least the next 10 - 15 years. In light of this, Administration does not agree that a time limited approval is appropriate as there is no certainty on when the land will be developed for urban purposes. Council may be obliged to continue extending the approval until such time as the urban deferment is lifted.

2.         The land surrounding the subject site is characterised by rural residential, equestrian and agricultural uses. The adjoining properties to the east and south are used for rural residential purposes. To the north there are a variety of rural uses including a mushroom farm, equestrian facilities and intensive agriculture. Photographs of the subject site and surrounding properties are provided as Attachment 3. The use of the land as a Storage Yard results in the parking of numerous vehicles and equipment on the land which detracts from the rural character and amenity of the area. Figure 1 of Attachment 3 shows the unsightly nature of the Storage Yard viewed from the street.  Approval of the use, even for a limited timeframe would be detrimental to the amenity and character of the area.

3.         The financial viability for the operator to establish the use on land already zoned for this purpose is not a valid planning consideration.

4.         The lack of a water licence or perceived inability to use the land in a manner consistent with its zoning is not sufficient justification to allow an additional use on site which will be detrimental to the zone.

The objectives of the General Rural zone are:

a)         To accommodate agriculture, horticulture and equestrian activities; and

b)         To maintain and enhance the rural character and amenity of the areas designated for rural use and to protect their ground water and environmental values.

Administration considers the Storage Yard neither maintains nor enhances the rural character and amenity of the area and therefore does not support the proposal. Additionally, Administration is concerned that support of the proposal is likely to set an undesirable precedent to support uses which detract from the established character of an area which is contrary to orderly and proper planning.

Under the provisions of DPS 2, the use class ‘Storage Yard’ is a Permissible (P) and Discretionary (D) land use in General Industrial and Service Industrial zones respectively. It is noted that Neerabup and Wangara located approximately 7 kilometres from the subject site are zoned General Industrial and Service Industrial. It is considered that these areas are the appropriate location for this type of use and not the General Rural zone. Considering the above Administration recommends that the amendment not be supported.

Should Council endorse Administration’s recommendation to not support this proposal, Administration will initiate compliance action to remove the unauthorised works.

Statutory Compliance

The scheme amendment will follow the statutory process outlined in the Planning and Development (Local Planning Schemes) Regulations 2015.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “3     Environment (Built)

3.4    Activated Places

3.4.4  Improve local amenity by retaining and complementing natural landscapes within the built environmental

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council, pursuant to Regulation 50(3) of the Planning and Development (Local Planning Schemes) Regulations 2015, DOES NOT SUPPORT Amendment No.170 to District Planning Scheme No. 2 to amend Schedule 2 – Section 1 (Clause 3.20) Additional Uses to allow the land use Storage Yard at Lot 31 (90) Rousset Road, Jandabup as an Additional Use for the following reasons:

a)         The area is characterised by a mix of rural residential, equestrian and agriculture uses. A Storage Yard will detract from the established rural character and amenity of the area and is inconsistent with the objectives of the General Rural Zone provided in Clause 3.16.1 of District Planning Scheme No. 2; and

b)        The proposed additional use may set an undesirable precedent in the locality.

 

 

Attachments:

1.

Attachment 1 - Location Plan - Lot 31 (90) Rousset Road, Jandabup

18/535761

 

2.

Attachment 2 - Amendment Plan - Lot 31 (90) Rousset Road, Jandabup

18/546949

 

3.

Attachment 3 - Photographs of the Subject Site - Lot 31 (90) Rousset Road, Jandabup

18/547012

 

 

 

 

 


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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                           74

PS04-02/19       Consideration of Amendment No. 19 to the East Wanneroo Cell 5 Approved Structure Plan No. 7

File Ref:                                              3380-19 – 18/451959

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       5         

Issue

To consider submissions received during public advertising of Amendment No. 19 to the East Wanneroo Cell 5 Approved Structure Plan No. 7 (ASP 7).

Applicant

Dynamic Planning

Owner

Mr L & Mrs F Vinci

Location

Lot 119 (390) Kingsway Landsdale

Site Area

2.0234 hectares

MRS Zoning

Urban

DPS 2 Zoning

Urban Development

ASP 7 Zoning

Residential R-MD 30

 

 

Background

On 4 July 2018, Dynamic Planning on behalf of Stoneridge Nominees Pty Ltd submitted Amendment No. 19 for the City’s consideration. The proposed amendment relates to Lot 119 Kingsway, Landsdale (the site), which is zoned Urban Development under District Planning Scheme No. 2 (DPS 2) and Residential Precinct with a density coding of R-MD 30 under ASP 7.

Attachment 1 is the location plan of the site, which is located at the south-eastern corner of Kingsway and Rangeview Road in Landsdale. A house is on the site gaining access from Kingsway. A sales office and a car park are located on the western side of the site with access from Rangeview Road. The sales office is associated with the sale of residential lots opposite the site, which are also owned by Stoneridge Nominees Pty Ltd.

In October 2013, the Western Australian Planning Commission (WAPC) granted approval 993-13 to subdivide the site to create several strata lots. This approval expired on 9 October 2017. The developer has not sought another approval from the WAPC.

Detail

The amendment proposes to allow Medical Centre and Pharmacy as additional uses on the site as these uses are Not Permitted (X) uses in the Residential zone under the provisions of DPS 2. The applicant has requested the amendment on the basis that Landsdale has been identified as having a shortage of doctors by the Department of Health. The applicant has provided a Needs Assessment, which identifies a shortage of eight Doctors within a catchment area of 4 kilometres.

Attachment 2 is the amendment document as advertised. It includes a concept plan of the proposed development, which covers Lot 119 and Lot 120, both under the same ownership. The indicative floor area of the Medical Centre and the Pharmacy are 930 and 210m2 respectively. The north-western corner of Lot 119 would accommodate the Medical Centre and the Pharmacy and the remainder and the entire Lot 120 a possible Retirement Village. It should be noted that this is only a concept plan and may change if the amendment were to be successful. The applicant has not proposed the Medical Centre and the Pharmacy exclusively for the Retirement Village but for the general community in the locality of Landsdale.

The applicant has provided justification to support this amendment, which is summarised in the Comment section of this report.

Consultation

On 23 July 2018, Administration advised Elected Members of Administration’s intention to advertise the amendment under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015.

The Amendment was advertised for public comment for a period of 28 days from 31 July to 28 August 2018 by means of an on-site sign, an advertisement in the Wanneroo Times newspaper and the City’s website and letters to adjoining and affected landowners.

The City received 158 submissions of which 37 objected and the remainder supported the proposal. A summary of submissions along with Administration’s response are included in Attachment 3.

The main issues raised in those submissions objecting to the proposal are:

1.         Increase in traffic;

2.         Excessive medical centres in this area;

3.         Possible loss of jobs in the Medical Centre and Pharmacy located on The Broadview, Landsdale about 800 metres to the north of the subject site; and

4.         To locate these uses in an Activity Centre.

Comment

Applicant’s justification

A summary of the applicant’s justification and Administration’s response is provided below.

1.         Whilst the City’s Local Planning Policy 3.2 – Activity Centres (LPP 3.2)  is focussed on planning for activity centres, it acknowledges the following:

‘that health, welfare, community services, entertainment, recreation, commercial and cultural facilities that attract a significant number of employees or users and/or generate significant vehicle trips cannot always be accommodated within or adjacent to activity centres. In these circumstances these uses should occur in out-of-centre developments.’

Given that the proposed Structure Plan Amendment is intended to accommodate health and community services to service the surrounding residential catchment, it is considered to be an appropriate circumstance for an Out-of-Centre development.

The City’s LPP 3.2 identifies two Out-of-Centre developments which are Drover’s Place and Calabrese Triangle. Both of these developments incorporate a range of uses which service the surrounding community. The proposed amendment is seeking to permit two additional uses on the site being Medical Centre and Pharmacy on the site. Administration does not consider this amendment would constitute the site being considered as an Out-of-Centre development. Further detail relating to the location of the proposal is provided under the Assessment against State Planning Policy 4.2 Activity Centres heading below.

2.         The proposed amendment will assist in achieving the employment growth targets set out in Directions 2031 and Beyond document.

Administration acknowledges the amendment would provide employment opportunities. However, it considers there is existing undeveloped Commercial zoned land which will provide opportunities to meet employment growth targets.

3.         The proposal is consistent with the objectives of the Residential zone under the provisions of DPS 2.

Administration considers the proposal is inconsistent with the objectives of the Residential zone, as it will not provide housing opportunities and DPS 2 already permits a number of urban support services such as child care centres, home businesses and consulting rooms within the Residential zone. This is discussed in more detail under the Compatibility with the Residential Zone heading below.

4.         The proposal will cater for the day-to-day health service needs of the surrounding residents which is currently lacking within the immediate locality.

Administration acknowledges there is a shortage of doctors within the amendment area, however, it considers there are existing undeveloped Commercial zoned lots which could provide these facilities. This is discussed in more detail under the Assessment Against State Planning Policy 4.2 Activity centres 

5.         The traffic generated by the proposed Medical Centre and Pharmacy will not impact on the movement of traffic on Kingsway and Rangeview Road.

The applicant provided a traffic report which demonstrated the development is not likely to impact on the normal traffic movement on Kingsway and Rangeview Road. This is discussed in more detail under the Traffic heading below.

Loss of employment

The employees of Landsdale Medical Centre and Landsdale Guardian Pharmacy at The Broadview, Landsdale are concerned that the proposed amendment could have an impact on their job security.

In regard to commercial competition, Administration is also of the view that this is not a valid planning issue in making planning decisions it is noted that the State Administrative Tribunal’s decision in John Nominees Pty Ltd v Presiding Member of the Metro-East Joint Development Assessment Panel on 19 August 2018 confirmed that commercial competition is not a valid planning issue for consideration.

Traffic

The applicant has submitted a traffic report. This report provides the estimated daily traffic volume generated by the Medical Centre and Pharmacy as 466 and 42 vehicles per day (vpd) respectively. Therefore the total volume of traffic generated by these two land uses is 508 vpd. It is expected that Kingsway and Rangeview Road will carry 50% of this volume.

The City’s Transport and Traffic Section assessed the report and has provided the following advice:

·         In accordance with Main Roads WA functional road hierarchy criteria, both Kingsway and Rangeview Road are listed as a Local Distributor Roads and are designed to accommodate maximum desirable traffic volume of 6,000 vpd.

·         The current volume of traffic on Kingsway and Rangeview Road where the amendment area abuts are approximately 5,188 (2017) and 4,505 (2018) vpd respectively.

·         The total volume of traffic on these roads together with the estimated volume of traffic of these two land uses will be well below the abovementioned desirable volume of traffic.

Considering the above analysis, it is noted that the traffic generated by the Medical Centre and Pharmacy is not likely to impact on the normal movement of traffic on Kingsway and Rangeview Road.


 

Compatibility with the Residential Zone

The objectives of the Residential zone under DPS 2 are:

a)         maintain the predominantly single residential character and amenity of established residential areas;

b)         provide the opportunity for grouped and multiple dwellings in selected locations so that there is a choice in the type of housing available within the City;

c)         provide the opportunity for aged persons housing in most residential areas in recognition of an increasing percentage of aged residents within the City; and

d)         provide for compatible urban support services.

The proposed additional uses are considered to be inconsistent with the objectives of the Residential zone for the following reasons:

·          The subject site is bounded by Kingsway to the north, Rangeview Road to the west, residential properties to the east and undeveloped residential zoned land to the  south (which is identified in the concept plan for this amendment for retirement living). The adjacent land on Kingsway and Rangeview Road has been developed for residential purposes. The introduction of these additional uses in this inconsistent with the largely established residential character and amenity of the surrounding area.

·          The Amendment is only seeking to allow two Additional Uses and is not proposing grouped dwellings, multiple dwellings or aged persons housing and therefore it does not meet objectives (b) and (c) of the Residential zone.

·          The Residential zone currently allows for compatible urban support services to be considered, including child care centres, home businesses and consulting rooms which are ‘D’ or discretionary uses.

·          The proposed additional uses should be located within existing Activity Centres or other zones where such uses are permitted.

Furthermore, Department of Planning, Lands and Heritage (DPLH) has queried the appropriateness of the proposed Amendment, given that the proposed additional uses are inconsistent with the objectives and permissibility of the Residential zone.

Activity Centres

State Planning Policy 4.2 Activity Centres (SPP 4.2) provides guidance on the appropriate locations for health and commercial services wherein Clause 5.6 of SPP 4.2 states:

1.         Health, welfare, community services, entertainment, recreation, commercial and cultural facilities likely to attract a significant number of employees or users and/or generate significant vehicle trips should generally be located in, or adjacent to, activity centres.

2.         Where such uses cannot be accommodated within, or adjacent to, activity centres development should be restricted to established Mixed Business or equivalent zones with good access to public transport, rather than being dispersed.

The City’s Local Planning Policy 3.2 Activity Centres identifies that health services attract a significant number of visitors and considers these uses should ideally be located within or adjacent to Activity Centres. LPP 3.2 acknowledges where this cannot occur, these uses should occur in out of centre developments.

The applicant citing the City’s LPP 3.2 has argued that the proposed Medical Centre and the Pharmacy should be considered as out of centre development. However, LPP 3.2 states that this can occur only when they cannot be accommodated within or adjacent to activity centres. Additionally, the WAPC State Planning Policy 4.2 Activity Centres (SPP 4.2) states that where Health services cannot be accommodated within or adjacent to activity centres, development should be restricted to established Mixed Business or equivalent zones with good access to public transport, rather than being dispersed.

The proposed Amendment is not considered to meet the above provisions of SPP 4.2 and LPP 3.2 for the following reasons:

·          The subject site is zoned Residential, not Commercial, Mixed Use or Business;

·          The nearest neighbourhood centre is Landsdale Forum which is located at Lot 991 (127) The Broadview, and is approximately 1.2km away from the subject site. The subject site is not located within or adjacent to this centre;

·          The City’s LPP 3.2 identifies two Out-of-Centre developments which are Drover’s Place and Calabrese Triangle. Both of these developments incorporate a range of uses which service the surrounding community. The proposed amendment is seeking to permit two additional uses on the site being Medical Centre and Pharmacy on the site. Administration does not consider this amendment would constitute the site being considered as an Out-of-Centre development; and

·          There is sufficient land within identified centres and already appropriately zoned where the proposed Medical Centre and Pharmacy could be accommodated.

In addition to the above, there are presently two vacant Commercial zoned sites in Landsdale. They are as follows:

·          In East Wanneroo Cell 5 a portion of Lot 62 Rangeview Road, Landsdale located about 250 metres to the south of the subject site is proposed to be zoned Commercial through Amendment No. 16 to East Wanneroo Cell 5 Approved Structure Plan No. 7.  This amendment was considered and supported by Council at its meeting of 24 July 2018 (PS04-07/18). The amendment has been forwarded to the WAPC for its consideration. The officers of the DPLH have advised that a determination of this amendment by WAPC is imminent. This site is served by public transport bus routes 352, 376 and 450. The owner of this lot has made a submission objecting to the subject proposal.

·          In East Wanneroo Cell 9, Lots 154 and 155 Alexander Drive, Landsdale are zoned Commercial in East Wanneroo Cell 9 – East Landsdale ASP 57. This site is located about 1.4 kilometres to the east of the subject site.

In addition, an investigation by Administration identified there are currently two vacant tenancies in Kingsway Shopping Centre which are already zoned to accommodate a Medical Centre and/or Pharmacy.

Attachment 5 depicts aerial photo of the locality of Landsdale indicating the subject site, the abovementioned vacant Commercial zoned sites and existing medical centres in Landsdale. This map also depicts the location of Lot 201 Pollino Gardens, Landsdale, which is subject to Amendment No. 20 to ASP 7 to allow Medical Centre and Pharmacy. This amendment is also being considered by Council (Amendment No. 170 to District Planning Scheme No. 2 (DPS 2) – Lot 31 (90) Rousset Road, Jandabup) at this meeting.

Existing Medical Centres

The following table lists the existing Medical Centres within a 4km radius of the subject site in the City of Wanneroo, the zoning of these centres either in DPS 2 or structure plans, and the use permissibility in the respective zones.

No.

Details of the Medical Centre

Zoning

Use permissibility

DPS 2

Structure Plan

1

Landsdale Medical Centre, 21B The Broadview, Landsdale

Commercial

 

Permissible (P)

2

United Medical Centres, 225 Kingsway, Darch

 

Commercial in the Darch Neighbourhood Centre Approved Structure Plan No. 51

Permissible (P)

3

Highlands Medical Centre, 4/210 Wanneroo Road, Madeley

 

Special Zone in East Wanneroo Cell 6 Approved Structure Plan No.8.

As a special use

4

Highclere Family Medical Practice, 1/52 Highclere Boulevard, Marangaroo

Mixed Use

 

Permissible (P)

5

The Heights Medical Centre, 50/200 Mirrabooka Avenue, Alexander Heights

Commercial

 

Permissible (P)

6

Alexander Heights Family Practice, 44 Greenpark Road, Alexander Heights

Commercial

 

Permissible (P)

7

Newpark Medical Centre, 64 Marangaroo Drive, Girrawheen

Commercial

 

Permissible (P)

8

Koondoola Avenue Medical Centre, 34 Koondoola Avenue, Koondoola

Commercial

 

Permissible (P)

9

Wangara Medical Centre, 4/2 Prindiville Drive, Wangara

Business

 

Permissible (P)

10

Kingsway Medical Centre, 168 Wanneroo Road, Madeley

Commercial

 

Permissible (P)

11

Hocking Medical Centre

176 Nicholas Road,

Hocking

 

Commercial in EW Cell 4 ASP 6

Permissible (P)

12

Pearsall Medical Centre

155 Willespie Drive

Pearsall

 

Commercial in EW Cell 4 ASP 6

Permissible (P)

The above table demonstrates that none of the Medical Centres are located within a Residential Zone as an Additional Use. In regard to the third item, the site of the Medical Centre was zoned as Special Use in Town Planning Scheme No. 1 (Amendment No. 431 to TPS 1 gazetted on 27 October 1989) and was carried over into the East Wanneroo Cell 6 ASP 8.

In spite of the above mentioned Medical Centres, in 2018, the Department of Health identified most of the City of Wanneroo as a District of Workforce Shortage for General Practitioners as shown in Attachment 4 produced by the Department of Health.

The Needs Assessment provided by the applicant identified a shortage of doctors in and around Landsdale. It is considered appropriate to meet the shortfall of doctors by locating the Medical Centre and Pharmacy in the abovementioned vacant Commercial zoned sites rather than by allowing them as additional uses in Residential zone.

Administration acknowledges that there is a shortage of general practitioners in the area, however, it considers that there are more appropriately zoned land within the catchment area of the subject site to meet this need. On this basis and considering the provisions of SPP 4.2 and LPP 3.2 and the past trend in allowing Medical Centres and Pharmacies in either Commercial, Business or Mixed Use as demonstrated above, it is recommended that the proposed amendment not be supported.

Conclusion

Dynamic Planning on behalf of Stoneridge Nominees Pty Ltd has requested the City to consider an amendment to ASP 7 to allow Medical Centre and Pharmacy as Additional uses on Lot 119 (390) Kingsway, Landsdale. This lot is zoned Residential Precinct in ASP 7, wherein these land uses are Not Permitted (X). The site is located near Lot 62 Rangeview Road, Landsdale which is proposed to be zoned Commercial in Amendment No. 16 to ASP 7. Under the provisions of the WAPC’s SPP 4.2 and the City’s LPP 3.2, these land uses should ideally be located in the Commercial zone where in these two land uses are Permissible (P) uses. Therefore it is recommended that the proposed amendment not be supported.

Statutory Compliance

This Structure Plan Amendment has been processed in accordance with the requirements of DPS 2.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “2     Economy

2.1    Local Jobs

2.1.1  Develop strong economic hubs locally and near transport

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

The proposed amendment has been assessed under the provisions of the WAPC’s SPP 4.2 Activity Centres and the City’s LPP 3.2 Activity Centres.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       Pursuant to Clause 20(2)(e) of the deemed provisions of the City of Wanneroo District Planning Scheme No. 2 (DPS 2) RECOMMENDS to the Western Australian Planning Commission (WAPC) that Amendment No.19 to the East Wanneroo Cell 5 Approved Structure Plan No. 7 to allow Medical Centre and Pharmacy as Additional Uses on Lot 119 (390) Kingsway, Landsdale should not be approved for the following reason:

a)      Under the provisions of the WAPC’s State Planning Policy 4.2 Activity Centres for Perth and Peel, a health facility should be concentrated in Activity Centres. There is alternative appropriately zoned land within the catchment to accommodate the proposed Medical Centre and Pharmacy without the need to vary the land use permissibility of the subject site.

2.       Pursuant to Clause 20(1) of the deemed provisions of the District Planning Scheme No.2 PROVIDES the WAPC with a copy of the report including the schedule of submissions along with the City’s comments.

3.       ADVISES the submitters of Council’s decision.

 

 

Attachments:

1.

Attachment 1 - Location Plan

18/452351

 

2.

Attachment 2 - Amendment Text

18/452490

 

3.

Attachment 3 - Schedule of submissions

19/7664

 

4.

Attachment 4 - District of Work Shortage for GPs

18/551649

 

5.

Attachment 5 - Map showing the site, commerciial zones and existing medical centres in Landsdale

19/7607

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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PS05-02/19       Consideration of Amendment No. 20 to the East Wanneroo Cell 5 Approved Structure Plan No. 7

File Ref:                                              3380-20 – 19/10112

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       8         

Issue

To consider submissions received during public advertising of Amendment No. 20 to the East Wanneroo Cell 5 Approved Structure Plan No. 7 (ASP 7).

 

Applicant

Urbis Pty Ltd

Owner

V V Nominees Pty Ltd

Location

Lot 201 (42) Pollino Gardens, Landsdale

Site Area

1.2914 hectares

MRS Zoning

Urban

DPS 2 Zoning

Urban Development

ASP 7 Zoning

Parks and Recreation, Residential R40

Background

On 9 September 2018, Urbis Pty Ltd, on behalf of V V Nominees Pty Ltd, submitted proposed Amendment No. 20 to ASP 7 for the City’s consideration.

The proposed amendment relates to Lot 201 (42) Pollino Gardens, Landsdale, which is zoned Urban Development under the City’s District Planning Scheme No. 2 (DPS 2), and Residential R40 under ASP 7, with the southern portion of the lot designated as public open space (POS). A location plan is included as Attachment 1.

A subdivision (154343) was approved by the Western Australian Planning Commission (WAPC) on the subject site on 17 August 2017, which created three lots. The southern lot is designated for POS. Part Lot 1 includes a portion of POS, a designated road (Bakana Loop) which connects onto Pollino Gardens, and the remainder of the lot is zoned as Residential R40. Part Lot 2 is wholly zoned Residential R40. The approved subdivision plan is included as Attachment 2.

A development application (DA2017/1093) for 29 Grouped Dwellings was approved by the Joint Development Assessment Panel on 1 November 2017. The approved dwellings are located within Part Lot 1, with grouped dwellings located on both sides of the lot and a common property access road running through the middle connecting onto Bakana Loop and Pollino Gardens. The approved site plan is included in Attachment 3.

Detail

The Amendment proposes to:

·           Zone a portion of the POS and road within Part Lot 1 to Residential R40; and

·           Allow Medical Centre, Pharmacy and Restaurant which are currently Not Permitted (X) uses within the Residential zone, as additional uses to Part Lot 2 only.

Attachment 4 includes the proposed Amendment with the existing and proposed Structure Plan Map.

A concept plan of future development based on the proposed additional uses on Part Lot 2 is included as Attachment 5. It is noted that the concept plan includes a Child Care Centre which is a ‘D’ or discretionary use within the Residential zone, and therefore is not subject to this Amendment.

The applicant has provided justification to support this Amendment which is summarised in the Comment section of the report.

Consultation

On 27 September 2018, Manager Approval Services advised the Elected Members of Administration’s intention to advertise the amendment under the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015.

The proposed Amendment was advertised for public comment for a period of 28 days from 9 October 2018 until 6 November 2018. Advertising was undertaken by way of a notice placed on the City’s website, a sign erected on site, an advertisement in the Wanneroo Times newspaper, and nearby affected landowners were notified in writing.

A total of four submissions were received, two objecting to the proposal and comments from Department of Planning, Lands and Heritage (DPLH), and from Department of Fire and Emergency Services (DFES). A summary of submissions received and Administration’s responses are included in Attachment 7.

The main issues raised in the submissions are as follows:

·          There is an existing Centre (Landsdale Forum) located approximately 1.2km away from the subject site which already provides services to the local community and is struggling to compete with larger shopping centres;

·          The future development would increase traffic on the surrounding road network;

·          Insufficient information is provided within the Bushfire Management Plan, and modifications are required;

·          The proposed additional uses are inconsistent with the objectives of the Residential zone; and

·          The proposed additional uses should be located in activity centres or existing commercial lots.

A more detailed discussion of the major issues considered in the assessment of the proposed Amendment is provided in the Comment section below.

Comment

Applicant’s justification:

A summary of the applicant’s justification and Administration’s response is provided below.

1.         The proposed additional uses including Medical Centre, Pharmacy and Restaurant, are complementary to each other and are not inconsistent with the Urban and Urban Development zone under the Metropolitan Region Scheme (MRS) and DPS 2 respectively.

Much of City of Wanneroo is zoned Urban Development under DPS 2, which requires a structure plan to be prepared before any development is carried out. The structure plan sets out a more detailed planning framework including zoning of land. The land has been zoned ‘Residential’ under ASP 7, and it is appropriate to consider the development against the objectives of the Residential zone. This assessment is discussed in more detail under the ‘Compatibility with the Residential Zone’ heading below.

2.         A Medical Centre Needs Assessment (included as Attachment 6) was provided in support of this application has demonstrated that there is projected demand for medical services that cannot be met by existing centres. The Department of Health has also identified there to be a shortage.

Administration acknowledges that the Needs Assessment and Department of Health has indicated there is a shortage of doctors currently and in the future within Landsdale. The Needs Assessment identifies a catchment area which consists of the subject site and the majority of Landsdale, and is expected to have a significant source of demand for medical centre needs. However, it is considered that there are existing Commercial undeveloped zoned lots which could accommodate for this demand. This is discussed in more detail in the ‘Activity Centres’ heading below.

3.         Other Commercial zoned lots are not within the catchment area identified on page 10 of the Needs Assessment, and there is no guarantee that a medical centre would be developed within the vacant Commercial zoned lots.

Amendment No. 16 to ASP 8 proposes to rezone a portion of Lot 62 Rangeview Road, Landsdale, to Commercial. This amendment was considered by Council at its meeting of 6 March 2018 and is currently pending with the WAPC for its approval. The officers of the Department of Planning, Lands, and Heritage, have advised that determination of this amendment is imminent. In addition, Lots 154 and 155 Alexander Drive, Landsdale, are currently undeveloped Commercial zoned lots. Both these sites are located within the catchment area identified within the Needs Assessment and could accommodate a medical centre based on the land use permissibility. This is discussed in more detail in the ‘Activity Centres’ heading below.

4.         A concept plan was provided which the applicant advises that future development on the site could provide:

a)         A better interface to the street and residential properties;

b)         A landmark entry to Landsdale;

c)         A sound barrier to reduce transport noise generated from Gnangara Road; and

d)         Provides a local amenity to the nearby residential properties.

 

The plans provided are conceptual only. There is no guarantee that these plans would be submitted as part of a future development application. Administration considers that a quality street interface could also be achieved for residential development through good design. The site has not been identified as a landmark site within the City’s planning framework and is not considered a suitable location for a landmark entry. In addition, there is an existing activity centre located approximately 1.2km from the subject site. This centre currently provides for local amenity and services to the surrounding residential properties.

 

5.         The proposed Amendment will encourage and provide local employment which is consistent with the City of Wanneroo’s Economic Development Strategy and Strategic Community Plan 2017 – 2027.

Administration acknowledges that the proposed Amendment could result in the creation of local employment.

Proximity to Existing Centres and Services

Concerns were raised that the proposed additional uses that could undermine the existing neighbourhood centre (Landsdale Forum) located approximately 1.2km away from the subject site which is already competing with other larger centres. It is noted that Landsdale Forum currently has an existing medical centre, pharmacy and child care centre.

In regards to commercial competition, Administration is also of the view that commercial competition is not a valid planning consideration in planning decisions. It is noted that the State Administrative Tribunal’s decision in John Nominees Pty Ltd v Presiding Member of the Metro-East Joint Development Assessment Panel on 19 August 2018 confirmed that commercial competition is not a valid planning issue for consideration.

Traffic

Concerns were raised during the advertising period regarding the increase in traffic in the locality as a result of the proposed additional uses.

The applicant provided a traffic impact statement (TIS), providing projected traffic volumes for a future Child Care Centre, Restaurant, Medical Centre and Pharmacy. The projected traffic volumes are approximately 149 vehicles in the AM peak hour and 108 vehicles in the PM peak hour which would exit onto Pollino Gardens and then Priest Road.

Whilst there are no recorded traffic volumes for Pollino Gardens, Pollino Gardens is an ‘Access Street D’ and is designed to accommodate up to 1,000 vehicles trips per day (VTPD). The City’s Transport and Traffic Services advised that there are approximately 71 dwellings which access Pollino Gardens, and assuming there are 8 vehicle trips per day per dwelling, current traffic volumes in 568 VTPD on Pollino Gardens currently. Based on the above, there would be a total of 825 VTPD on Pollino Gardens.

Priest Road is an ‘Access Street B’ and is designed to accommodate up to 3,000 VTPD. In 2015, the City’s Transport and Traffic Services recorded an average of 400 VTPD on Priest Road. At the time, residential development which uses Pollino Gardens to access onto Priest Road had not been developed. Assuming the approximate traffic volumes discussed above, there is currently a total of 968 VTPD. With the addition of the projected traffic volumes relating to the proposed additional uses, there would be a total of 1,225 VTPD which is well within the intended road capacity of Priest Road.

Based on the above, the City’s Transport and Traffic Services considers that the traffic generated by the additional uses is not likely to impact on the normal flow of traffic on the adjoining and surrounding roads.

It is noted that the comments and recommendations in the TIS, as well as those provided by the City’s Transport and Traffic Services, are based on the land uses and crossover locations indicated in the concept plan provided by the applicant. A full assessment of traffic volumes and proposed vehicle crossovers associated with future development on the subject site, will be considered as part of a development application.

Compatibility with the Residential Zone

The objectives of the Residential zone under DPS 2 are:

a)         maintain the predominantly single residential character and amenity of established residential areas;

b)         provide the opportunity for grouped and multiple dwellings in selected locations so there is a choice in the type of housing available within the City;

c)         provide the opportunity for aged persons housing in most residential areas in recognition of an increasing percentage of aged residents within the City; and

d)         provide for compatible urban support services.

The proposed additional uses are considered to be inconsistent with the objectives of the Residential zone for the following reasons:

·             The subject site is bounded by Gnangara Road to the north, residential properties to the east and south, and future POS and future residential development directly to the west. Whilst the location of the site abuts Gnangara Road, it is otherwise surrounded by residential development and the introduction of these additional uses in this location is consider ad hoc and fragmented from existing commercial centres. This is inconsistent with the residential character and amenity of the surrounding area.

·             The Amendment is not proposing grouped dwellings, multiple dwellings or aged persons housing and therefore it does not meet objectives (b) and (c) of the Residential zone.

·             The Residential zone currently allows for compatible urban support services to be considered, including child care centres, home businesses and consulting rooms which are ‘D’ or discretionary uses.

·             The proposed additional uses should be located within existing Activity Centres or other zones where such uses are permitted.

Furthermore, DPLH has queried the appropriateness of the proposed Amendment, given that the proposed additional uses are inconsistent with the objectives and permissibility of the Residential zone, and are more appropriately located in existing Commercial zoned lots.

Activity Centres

State Planning Policy 4.2 Activity Centres (SPP 4.2) provides guidance on the appropriate locations for health and commercial services wherein Clause 5.6 of SPP 4.2 states:

1.         Health, welfare, community services, entertainment, recreation, commercial and cultural facilities likely to attract a significant number of employees or users and/or generate significant vehicle trips should generally be located in, or adjacent to, activity centres.

2.         Where such uses cannot be accommodated within, or adjacent to, activity centres development should be restricted to established Mixed Business or equivalent zones with good access to public transport, rather than being dispersed.

The City’s Local Planning Policy 3.2 Activity Centres identifies that health services attract a significant number of visitors and considers these uses should ideally be located within or adjacent to Activity Centres. LPP 3.2 acknowledges where this cannot occur, these uses should occur in out of centre developments.

The proposed Amendment is not considered to meet the above provisions of SPP 4.2 and LPP 3.2 for the following reasons:

a)         The subject site is zoned Residential, not Commercial, Mixed Use or Business;

b)         The nearest neighbourhood centre is Landsdale Forum which is located at Lot 991 (127) The Broadview, and is approximately 1.2km away from the subject site. The subject site is not located within or adjacent to this centre;

c)         The subject site is located approximately 350m away from the nearest bus stop which is serviced by one bus route that comes approximate once every 30 minutes during peak periods, and once an hour during off peak periods. This is not a high frequency bus route and therefore the subject site does not have good access to public transport. Other bus stops are located approximately 500m away; and

d)         The City’s LPP 3.2 identifies two Out-of-Centre developments which are Drover’s Place and Calabrese Triangle. Both of these developments incorporate a range of uses which service the surrounding community. The proposed amendment is seeking to permit three additional uses on the site being Medical Centre, Pharmacy and Restaurant on the site. Administration does not consider this amendment would constitute the site being considered as an Out-of-Centre development.

In addition to the above, Amendment No. 16 to ASP 8 proposes to rezone a portion of Lot 62 Rangeview Road, Landsdale, to Commercial. This amendment was approved by Council at its meeting of 6 March 2018 and determination by the WAPC is imminent. Furthermore, within East Wanneroo Cell 9 Approved Structure Plan No. 57, Lots 154 and 155 Alexander Drive, Landsdale, are currently undeveloped Commercial zoned lots. All these lots are within 3km of the subject site. Attachment 8 is an aerial photo of the locality of Landsdale, indicating the subject site, the abovementioned vacant Commercial zoned sites, and existing medical centres in Landsdale. The map also depicts Amendment No. 19 to ASP 7 to allow Medical Centre and Pharmacy as additional uses. This amendment is also being considered by Council at this meeting.

The uses of Medical Centre, Pharmacy and Restaurant are ‘P’ or permitted uses in the Commercial Zone. These uses are more appropriately located in these existing Commercial zoned lots. If this subject amendment were successful, it could result in an oversupply of medical centres.

Existing Medical Centres

The following table demonstrates the existing Medical Centres within a 4km radius of the subject site in the City of Wanneroo and the applicable zoning of these centres and their land use permissibility within the respective zones.

No.

Details of the Medical Centre

Zoning

Use Permissibility

DPS 2

Structure Plan

1

Landsdale Medical Centre, 21B The Broadview, Landsdale

Commercial

 

Permissible (P)

2

United Medical Centres, 225 Kingsway, Darch

 

Commercial in the Darch Neighbourhood Centre Approved Structure Plan No. 51

Permissible (P)

3

Highlands Medical Centre, 4/210 Wanneroo Road, Madeley

 

Special Zone in East Wanneroo Cell 6 Approved Structure Plan No.8.

As a special use

4

The Heights Medical Centre, 50/200 Mirrabooka Avenue, Alexander Heights

Commercial

 

Permissible (P)

5

Alexander Heights Family Practice, 44 Greenpark Road, Alexander Heights

Commercial

 

Permissible (P)

6

Kingsway Medical Centre, 168 Wanneroo Road, Madeley

Commercial

 

Permissible (P)

The above table demonstrates that none of the Medical Centres are located in a Residential Zone as an Additional Use. In regard to the third item, the site of the Medical Centre was zoned as Special Use in Town Planning Scheme No. 1 (Amendment No. 431 to TPS 1 gazetted on 27 October 1989) and was carried over in to the East Wanneroo Cell 6 Approved Structure Plan No.8.

The Needs Assessment provided by the applicant indicated that there was a shortage of doctors in the catchment area consisting of Landsdale and the surrounding suburbs. Department of Health has also identified a shortfall of doctors in the area; however, this shortfall is not quantified. It is considered appropriate to meet this shortfall of doctors by locating future Medical Centre and Pharmacy uses within existing Commercial zoned lots, rather than allowing them as additional uses in a Residential zone. Furthermore, supporting this subject Amendment could set an undesirable precedent.

Conclusion

The proposed Amendment No. 20 to ASP 7 at Lot 201 (42) Pollino Gardens, Landsdale, has been assessed against the relevant provisions of DPS 2 and SPP 4.2. It is noted that the proposed rezoning of a portion of the POS and road within Part Lot 1 to Residential R40 is considered acceptable as it is consistent and aligned with the approved subdivision. However, the proposed additional uses are ‘X’ or not permitted within the Residential zone, and are inconsistent with objectives of the zone. In accordance SPP 4.2, these land uses would ideally be located in a Commercial zone, and there are undeveloped Commercial zoned lots which could accommodate for these uses. Therefore it is recommended that the proposed Amendment is not supported.

Statutory Compliance

This application has been processed in accordance with the City of Wanneroo’s District Planning Scheme No. 2.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “2     Economy

2.1    Local Jobs

2.1.2  Build capacity for businesses to grow

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Administration’s assessment of the proposed amendment has been undertaken in accordance the WAPC’s State Planning Policy 4.2 Activity Centres and Local Planning Policy 3.2 Activity Centres.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.         Pursuant to Clause 20(2)(e) of deemed provisions of the City of Wanneroo District Planning Scheme No. 2 RECOMMENDS to the Western Australian Planning Commission (WAPC) that Amendment No. 20 to East Wanneroo Cell 5 Agreed Structure Plan No. 7 to zone a portion of the public open space and road to Residential R40, and to allow Medical Centre, Pharmacy and Restaurant as Additional Uses on Lot 201 (42) Pollino Gardens, Landsdale, should not be approved for the following reason:

            Under the provisions of the WAPC’s State Planning Policy 4.2 Activity Centres for Perth and Peel, a health facility and commercial land uses such as Pharmacy and Restaurants, should be located within Activity Centres. There is alternative appropriately zoned land within the catchment to accommodate the proposed Medical Centre, Pharmacy and Restaurant land uses without the need to vary the land use permissibility of the subject site.

2.         Pursuant to Clause 20(1) of the deemed provisions of the District Planning Scheme No. 2 PROVIDES the WAPC with a copy of the report including the schedule of submissions along with the City’s comments.

3.         ADVISES the submitters of Council’s decision.

 

 

Attachments:

1.

Attachment 1 - Location Plan - Lot 201 (42) Pollino Gardens, Landsdale

19/7346

 

2.

Attachment 2 - Subdivision Plan - Lot 201 (42) Pollino Gardens Landsdale

18/550333

 

3.

Attachment 3 - Approved Grouped Dwellings Site Plan - Lot 201 (42) Pollino Gardens Landsdale

19/17433

 

4.

Attachment 4 - Proposed Structure Plan Amendment and Structure Plan Map - Lot 201 (42) Pollino Gardens Landsdale

18/550334

 

5.

Attachment 5 - Concept Plans - Lot 201 (42) Pollino Gardens Landsdale

18/550346

 

6.

Attachment 6 - Medical Centre Needs Assessment - Lot 201 (42) Pollino Gardens, Landsdale

18/418020

 

7.

Attachment 7 - Schedule of Submissions - Lot 201 (42) Pollino Gardens Landsdale

19/9922

 

8.

Attachment 8 - Location of Nearby Commercial Zoned Land - Lot 201 (42) Pollino Gardens Landsdale

18/550496

 

 

 

 

 

 


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PS06-02/19       Consideration of Amendment No. 168 to District Planning Scheme No. 2 (Design Review Panel)

File Ref:                                              35720 – 19/1612

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

Issue

To consider supporting Amendment No. 168 to District Planning Scheme No.2 (DPS 2), following public advertising.

Background

Council, at its meeting of 18 September 2018 resolved, in part, as follows (refer Item PS06-09/18):

4.         “Pursuant to Section 75 of the Planning and Development Act 2005 PREPARES Amendment No. 168 to DPS 2 as contained in Attachment 3 to:

a)      Insert a new Clause 67 (zc) into Schedule A – Supplemental Provisions to the Deemed Provisions of the City of Wanneroo’s District Planning Scheme No. 2, which reads “any relevant recommendations of a Design Review Panel”; and

b)      Insert a new Clause 85A into Schedule A – Supplemental Provisions to the Deemed Provisions of the City of Wanneroo’s District Planning Scheme No. 2, which reads “the local government may appoint a Design Review Panel for the purpose of providing design advice for applications”, and renumber the Deemed Provisions accordingly.

5.         Pursuant to Section 47(2) of Planning and Development (Local Planning Schemes) Regulations 2015 ADVISES the WAPC that Amendment No. 168 to DPS 2 is a standard amendment for the following reason:

a)      It would have minimal impact on land in the scheme area that is not subject to the amendment.

6.         Pursuant to Section 81 of the Planning and Development Act 2005, REFERS Amendment No. 168 to the Environmental Protection Authority (EPA); and

7.         Subject to EPA approval, ADVERTISES Amendment No. 168 for public comment for a period of 42 days.”

The report for proposed Amendment No. 168 to DPS 2 is included as Attachment 1.

Detail

Proposal

Amendment No. 168 to DPS 2 is proposed to:

·          Insert a new Clause 67 (zc) into Schedule A – Supplemental Provisions to the Deemed Provisions, which reads “any relevant recommendation of a Design Review Panel”; and

·          Insert a new Clause 85A into Schedule A – Supplemental Provisions to the Deemed Provisions of the City of Wanneroo’s District Planning Scheme No. 2, which reads “the local government may appoint a Design Review Panel for the purpose of providing design advice for applications”.

Consultation

In accordance with the Council’s decision, the amendment was referred to the Environmental Protection Authority (EPA) for comment. On 1 October 2018, the EPA advised the City that the scheme amendment did not warrant an environmental assessment. 

A 42-day public advertising period was carried out between 12 October 2018 and 27 November 2018 by way of advertisement in the local newspaper and a notice in Council offices and the City’s website. Written notification was also made to the Department of Planning, Lands and Heritage and the Housing Industry Association.

The City received no submissions.

Comment

Considering no submissions were received on the proposal, it is recommended that the amendment proposal be supported without modification and forwarded to the Western Australian Planning Commission.

Statutory Compliance

Amendment No. 168 has been processed in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “3     Environment (Built)

3.4    Activated Places

3.4.3  Enhance distinctive built form and spaces based on identity of areas

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

 


 

Recommendation

That Council:-

1.         Pursuant to Regulation 50(3)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015 SUPPORTS the standard Amendment No. 168 to District Planning Scheme No. 2 without modification;

2.         Pursuant to Regulation 53(1) of the Planning and Development (Local Planning Schemes) Regulations 2015 PROVIDES the advertised Amendment No. 168 to District Planning Scheme No. 2 to the Western Australian Planning Scheme No. 2 together with the City’s recommendation; and

3.         AUTHORISES the Mayor and Chief Executive Officer to SIGN and SEAL the Amendment No. 168 to District Planning Scheme No. 2 documents in accordance with the City’s Execution of Documents Policy.

 

 

 

Attachments:

1.

Amendment No. 168 to DPS 2 Scheme Amendment Report (Advertised)

18/328666

 

  


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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                         153

PS07-02/19       Third Party Appeal Rights - WALGA preferred model

File Ref:                                              30042 – 19/2666

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       1         

Issue

To consider the Western Australian Local Government Association’s (WALGA) preferred model for Third Party Appeal Rights.

Background

At its December 2016 meeting, WALGA State Council requested a review of its current policy position in relation to Third Party Appeal Rights for planning decisions. State Council’s view was that the decision making environment had changed since WALGA adopted its previous policy position in 2008, and therefore a review of the policy position was warranted.

In May 2017, WALGA released the Third Party Appeals Rights discussion paper which outlined its current policy position and reviewed arguments for and against the introduction of third party appeal rights. A report was submitted to the Ordinary Council Meeting on 22 Auust 2017 (PS04-08/17) where Council resolved as follows:

“That Council:-

1.       ADVISES WALGA that it does not support a comprehensive introduction of Third Party Appeals into the Western Australian planning framework, however, considers that there would be some merit in the introduction of Third Party Appeal Rights in limited circumstances where determinations have been issued by the Development Assessment Panels (DAPS); and

2.       NOTES that public confidence in the DAPs decision making process is likely to be enhanced by introducing Third Party Appeal Rights in limited circumstances, particularly when transparency and accountability is clearly demonstrated in the determination process.”

The ‘limited circumstances’ referred to above relates to where a decision made by the Development Assessment Panel (DAP) is inconsistent with the City’s recommendations as the responsible authority, based on Council’s Scheme provisions and local planning policies.

Following Council’s August 2017 resolution, WALGA held workshops with local authorities. In correspondence dated 1 December 2017, WALGA requested its members support of the introduction of Third Party Appeal Rights for decisions made by DAP’s. Administration subsequently advised WALGA that this aligned with Council’s resolution of 22 August 2017.

In December 2018, WALGA released an expanded preferred model, which is the subject of this Report and included in Attachment 1.

Currently, there is no legal recourse for third party appeals for planning decisions in Western Australia. The current State Government does not support third party appeal rights for planning decisions, and therefore legislation to introduce appeal rights for third parties is unlikely to be introduced or supported in the short to medium term.


 

Detail

The WALGA State Council preferred model for third party appeal rights is to limit such appeals to decisions made by a DAP. Under the model, parties able to appeal decisions would include:

·          A responsible authority where the DAP has gone against the recommendation of the responsible authority;

·          A local government where the DAP has gone against the position of Council;

·          Where the DAP’s determination is inconsistent with advice provided by a public authority. Examples of a public authority includes include Main Roads Western Australia, the Department of Fire and Emergency Services or any other government department or agency that may have provided technical advice on a proposal; and

·          Community members who made a submission on the proposal.

Further detail released by WALGA on its preferred model is outlined in Attachment 1

Consultation

WALGA has undertaken consultation with its local government members on this matter. Therefore, Administration did not consider a need for the City to undertake its own consultation on the matters subject to this Report.

Comment

The preferred model put forward by WALGA would limit third party appeals to decisions made by DAP’s. Council in its previous resolution on third party appeals expressed merit in the introduction of third party appeals in limited circumstances where decisions have been made by DAPs.

The current process for assessing development applications allows community members and public authorities to make submissions when such a proposal is advertised. A decision maker (including a DAP) should then have due regard to the content of submissions received for a proposal through advertising.

The WALGA preferred model would allow community members and public authorities who have made submissions on a proposal assessed by DAP’s to then lodge a third party appeal, if they feel aggrieved by a decision made by a DAP. Administration does not consider this necessary for the following reasons:

·          The advertising process for development applications, set out in the DPS 2 Deemed Provisions, allows sufficient time for community members and public authorities to articulate their opinion and concerns on a proposal in writing;

·          The responsible authority that reports to the DAP would include details and comments of the submissions received; and

·          Community members and public authorities are able to request time to present a deputation to the DAP, at the DAP meeting in which the respective proposal is to be determined.

It is also noted that the current system does enable third parties to be involved in the SAT review process, where such review is requested by the applicant. Third party involvement may include:

·          Being called as a witness by the respondent;

·          Making a submission under s242 of the Planning and Development Act 2005;

·          Intervening under s37(3) of the State Administrative Tribunal Act 2004, whereby the third party acquires rights and responsibilities as a party under the act; and

·          Participation in mediation (at the invitation and discretion of the SAT).

Administration considers the current system provides sufficient opportunity for third party involvement in the SAT review process.

On review of WALGA’s preferred model, Administration’s preference would be for third party appeal rights against a DAP decision to be only on the basis of the following:

·          Such rights being limited to responsible reporting authorities. It is usually a local government that is the responsible authority for reporting to a DAP; however a responsible authority within the State Government may also be required to report to the DAP in some instances (such as proposals for public works or development on land reserved under the Metropolitan Region Scheme). A report prepared by a responsible authority other than a local government would often be informed by a recommendation on a proposal prepared by a local government; and

·          A local government or other relevant responsible authority only being able to ‘appeal’ a decision made by a DAP that is inconsistent with a recommendation that they have prepared on a respective proposal.

Administration’s recommendation is that third party appeal rights should not extend to community members and public authorities. This will be consistent with Council’s previous resolution on this matter made at its 22 August 2017 Meeting. Administration’s preference is formed, as a local government or other responsible authority would:

·          Have a more holistic understanding of all the issues relating to a development proposal, and therefore would be in the most optimal position to contest a decision made by a DAP; 

·          Be best placed to contest a decision by a DAP that is inconsistent with a recommendation, as a local government or other responsible authority would have prepared that recommendation;

·          Be in a better position to represent a wider community through participating in a third party appeal, as specific community members participating in a third party appeal would be more likely to represent their own interests; and

·          Be less inclined to lodge a third party appeal on emotive or vexatious grounds.

WALGA’s preferred model should not be misunderstood as a policy position of the State Government or that the model will be adopted in the future. The WALGA model has not received support from the State Government and would require significant legislative changes to be implemented. WALGA have produced the model in response to its discussion paper and believes it has accurately reflected the consensus view of its members.

Statutory Compliance

Nil

 

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “4     Civic Leadership

4.1    Working with Others

4.1.3  Advocate and collaborate for the benefit of the City

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

The introduction of Third Party Appeal Rights into the planning system would likely prompt the need for the City to introduce a new Local Planning Policy – or undertake a review to the current Local Planning Policy 4.17: State Administrative Tribunal.

Financial Implications

The City currently receives on average approximately 10 appeals per year. The introduction of third party appeal rights would likely increase the number of appeals the City responds to per year. This would also likely increase the demand for town planning and legal resources that the City requires in responding to appeals.

The cost to respond to each SAT appeal varies considerably. In some instances, appeals are responded to by Administration (without assistance from external consultants), and therefore costs responding to such matters are kept to operational costs. When the City does engage external consultants to assist in responding to a SAT appeal, monetary costs on the City typically vary from $10,000 to in excess of $200,000.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.   REAFFIRMS its previous resolution made at the 22 August 2017 Ordinary Council Meeting (PS04-08/17), which was as follows:

“That Council:-

1.       ADVISES WALGA that it does not support a comprehensive introduction of Third Party Appeals into the Western Australian planning framework, however, considers that there would be some merit in the introduction of Third Party Appeal Rights in limited circumstances where determinations have been issued by the Development Assessment Panels (DAPS); and

2.       NOTES that public confidence in the DAPs decision making process is likely to be enhanced by introducing Third Party Appeal Rights in limited circumstances, particularly when transparency and accountability is clearly demonstrated in the determination process.”; and

2.   ADVISES the Western Australian Local Government Association that ‘limited circumstances’ in the context of the previous resolution relates to extending Third Party Appeal Rights to a responsible authority for applications determined by the Development Assessment Panel in a manner inconsistent with a recommendation prepared by those parties.

 

 

Attachments:

1.

Attachment 1 - Preferred Model - Third Party Appeal Rights for decisions made by Development Assessment Panels

19/20250

 

 

 

 

 

 

 

 

 


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PS08-02/19       Consideration of Development Application (DA2017/722) - Change of Use to Industry - General (Mineral Blasting and Spray Painting) at Lot 163 (64) Buckingham Drive, Wangara

File Ref:                                              DA2017/722 – 18/459384

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3        

Issue

To consider a development application (DA2017/722) for a Change of Use from Industry – Light to Industry – General (Mineral Blasting & Spray Painting) at Lot 163 (64) Buckingham Drive, Wangara (subject site).

Applicant

All Mobile Blasting Pty Ltd

Owner

Prestige Poultry Pty Ltd

Location

Lot 163 (64) Buckingham Drive, Wangara

Site Area

2250m2

DPS 2 Zoning

Service Industrial

Background

On 8 June 2017, the City received a development application for a Change of Use from Industry – Light to Industry – General (Mineral Blasting and Spray Painting) at the subject site. Shortly after the lodging of the development application the use of the site for the blasting activities commenced. A location plan of the subject site is included in Attachment 1.

The application has been under assessment for an extended period of time due to the response timeframes by the applicant to numerous requests for additional information from Administration to clarify the nature of the proposal, and to provide an acoustic report and dust management plan. Administration endeavoured to give the applicant an opportunity to provide the required level of information to support their proposal to enable the City to make an informed determination.

Compliance History

On 4 May 2018, whilst the application was being assessed by Administration, the City received a complaint regarding dust coming from the subject site onto the adjoining property at Lot 164 (62) Buckingham Drive, Wangara. Administration undertook an investigation which included extended monitoring of the site to which the matter was resolved to the City’s satisfaction regarding sand/dust drift. The Department of Water and Environmental Regulation was also involved in this matter and is continuing to monitor the site for sand/dust drift.

Detail

The site consists of an existing Warehouse/Office and four sheds. The applicant is seeking development approval to undertake sand blasting, dustless blasting and spray painting of a cars, boats, trailers, industrial machinery, trucks, car & truck parts and motorbikes. This element of the proposal has already commenced. In addition, approval is also sought for the following works (not yet commenced):

·          Extension to Shed 4 with the overall shed measuring 115.35m2 in area; and

·          Extension to Shed 3 with overall shed measuring 156.32m2 in area.

Plans of the proposal are included in Attachment 2.

Consultation

The proposed land use is an “A” use which means the use is not permitted unless Council has exercised its discretion and granted development approval after given notice in accordance with Clause 64 of the Deemed Provisions.

The application was advertised for a period of 21 days from 1 February to 18 February 2018 by way of writing to the affected and adjoining landowners/occupiers. Administration received 9 submissions, all objecting to the proposal. A summary of submissions and Administration’s responses are included in Attachment 3.

The main issues raised in the submissions relate to an increase in:

·        Noise;

·        Traffic in the area; and

·        Pollution, dust and odours.

Comment

Key Issues Resulting from Public Consultation

Noise:-

The submissions received raised concerns regarding an increase in noise, which would be attributed to the blasting activities.

The application was referred to the City’s Health Services for assessment who advised that the applicant should engage a suitably qualified and recognised consultant to determine if the noise caused by the proposed development during use can comply with the Environmental Protection (Noise) Regulations 1997. The consultant could also provide accurate information regarding the actual noise emissions from the site and whether they are within acceptable range.

Administration requested the applicant to provide an acoustic report to determine if the noise emissions were within an acceptable range. The applicant did not provide a report and instead advised that noise levels at the facility would be within an acceptable range and measures, such as the cladding of the walls and floors, would be undertaken.

The City’s Health Services confirmed that the maximum level of noise considered appropriate within an Industrial zone is 90 decibels. In the absence of an acoustic report, Administration has been unable to assess whether the noise generated by the development falls within acceptable levels.

Administration considers the proposal does, and is likely to continue to generate noise and the information provided by the applicant in response to a request for an acoustic report is insufficient to address the concerns raised. In the absence of an Acoustic Report, Administration is unable to assess this aspect of the proposal to determine whether the operator has suitable mitigation measures in place to ensure the noise generated will not be detrimental to the area. Such measures should be fully assessed before any approval to continue the use is granted, failure to do this is likely to result in ongoing compliance action and impacts to neighbouring properties.

Increased Traffic:-

The applicant has provided limited information on vehicle movements and advises the traffic movements relate to clients delivering or picking up items subject to minor blasting and spray painting, vehicles undertaking bin collection and servicing of machinery. The applicant has advised that the majority of blasting activities will be performed offsite, as they are a mobile based service. In addition they claim deliveries are limited; however they did not provide any specific details on the number of vehicle movements.

In light of the limited information provided by the applicant, Administration is unable to verify whether the Change of Use proposal will generate a significant increase in traffic than would be ordinarily expected within this area.

Increased Pollution, Dust & Odours:-

Concerns relating to pollution, dust and odour were also raised through the submissions. The source of the original compliance investigation was a result of a complaint regarding dust emitting from the site. A site visit by the City’s Compliance Team identified significant dust issues on the site. As part of this application, Administration requested the application provide a Dust Management Plan. The applicant did not provide a Dust Management Plan as requested but did respond that pollution, dust and odour will be contained appropriately within the site and that internal walls will have pre-filters fitted as protection to eliminate sound and dust pollution.

One of the objections received during consultation related to paint odours. The applicant has advised that spray painting is done within a contained booth. Administration has not received any specifications for the booth and is unable to verify whether it meets Australian/New Zealand 4114.1:2003 Spay Painting Booths, Designated spray painting areas and paint mixing rooms.

Administration agrees the proposal does, and is likely to continue to generate dust and the information provided by the applicant is insufficient to address the concerns raised. In the absence of a Dust Management Plan, Administration is unable to assess this aspect of the proposal to determine whether the operator has suitable mitigation measures in place. Such measures should be fully assessed before any approval to continue the use is granted, failure to do this is likely to result in ongoing compliance action and impacts to neighbouring properties. The dust emissions generated by this proposal are considered to detrimentally affect the amenity of the surrounding area which is contrary to the objectives of the Service Industrial zone.

Conclusion

The applicant has been given several opportunities to provide sufficient information to demonstrate the change of use will not be detrimental to the amenity of the area namely due to dust and noise. In the absence of this information Administration considers the development is contrary to the objectives of the Service Industrial zone which is intended to accommodate a range of light activities which would not detrimentally affect the amenity of the surrounding area.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s District Planning Scheme No. 2.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “3     Environment (Built)

3.4    Activated Places

3.4.3  Enhance distinctive built form and spaces based on identity of areas

Risk Management Considerations

Risk Title

Risk Rating

CO-O01 Relationship Management

Moderate

Accountability

Action Planning Option

Director Corporate Strategy & Performance

Manage

 

Risk Title

Risk Rating

CO-O22 Environmental Management

High

Accountability

Action Planning Option

Director Planning & Sustainability

Manage

 

Risk Title

Risk Rating

CO-O23 Safety of Community

Moderate

Accountability

Action Planning Option

Director Community and Place

Manage

The above risks relating to the issues contained within this report have been identified and considered within the City’s Strategic and Corporate risk registers. Concerns in regards to traffic have been addressed in detail within the body of this report.

Policy Implications

The application has been assessed against the relevant provisions the City of Wanneroo District Planning Scheme No. 2.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.         Pursuant to Clause 68(2)(c) of the Deemed Provisions of the District Planning Scheme No. 2 REFUSES the development application for a Change of Use to Industry – General at Lot 163 (64) Buckingham Drive, Wangara, as shown in Attachment 3, for the following reason:

            The proposal is likely to generate noise and dust emissions which will adversely impact on the amenity of the area, contrary to the objectives of the Service Industrial zone in the City of Wanneroo District Planning Scheme No. 2 and Clause 67(n) of the  Planning and Development (Local Planning Scheme ) Regulations 2015;

2.         ENDORSES Administration’s responses to the submissions as provided in Attachment 2; and

3.         ADVISES the submitters of its decision.

 

Attachments:

1.

DA2017/722 - Attachement 1 - Aerial Overview

18/491760

 

2.

DA2017/722 - Attachment 2 - Plans

17/436616

Minuted

3.

DA2017/722 - Attachment 3 - Schedule of Submissions

AD222701

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                                                         163

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                      166

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                                                         170

 

CITY OF WANNEROO

DA2017/722 CHANGE OF USE TO INDUSTRY – GENERAL (MINERAL BLASTING & SPRAY PAINTING)

   SCHEDULE OF SUBMISSIONS FOLLOWING ADVERTISING

 

(Advertising Closed 22 February 2018)

 

 

No.

Summary of Submission

Administration Comment

Recommendation

1.

Submitters 1-8

Unit 1-8, 73 Buckingham Drive, Wangara (OBJECT)

1.1

Strongly oppose the change of use to Industry – General on the grounds of pollution, dust and smell of paint.

Agreed. Administration considers the applicant has not provided sufficient information in relation to dust, specifically a Dust Management Plan, to demonstrate the proposal will not be detrimental to the amenity of the areas and has recommended refusal accordingly.

No modification required.

1.2

Strongly oppose the change of use to Industry – General on the grounds of an increase in heavy traffic.

Noted. Administration does not consider the use will generate more traffic than ordinarily expected in this area.

No modification required.

1.3

Strongly oppose the change of use to Industry – General on the grounds of an increase in level of noise.

Agreed. Administration considers the applicant has not provided sufficient information in relation to noise, specifically an Acoustic Report, to demonstrate the proposal will not be detrimental to the amenity of the areas and has recommended refusal accordingly.

No modification required.

2.

Paul Cunningham of Rowe Group (on behalf of the landowner)

79 Buckingham Drive, Wangara (OBJECT)

2.1

The proposal fails to adequately address a number of matters in Sch. 2 Cl. 67 of the Regulations incl. the objectives of the ‘Service Industrial’ Zone (outlined in DPS 2), the compatibility of the proposed use within its setting, the impact of amenity of the locality and adjacent properties/adequacy of access/egress to the subject site and the likely vehicle types and movements proposed.

Noted. Proposed use is an “A” use within the Service Industrial zone and as such is capable of consideration within the zone after assessment and advertisement.

 

Administration considers the applicant has not provided sufficient information to demonstrate the proposal will not be detrimental to the amenity of the areas and has recommended refusal accordingly.

 

No modification required.

2.2

Service delivery vehicles will be required to access the site. Inadequate information has been provided in this regard and impact that large vehicles may have on the locality cannot be properly assessed.

 

Insufficient information made available regarding vehicle types, movement of goods, off-site impacts and any associated management plans.

Noted – See comment 1.2.

No modification required.

2.3

The proposal is not consistent with State Planning Policy 4.1 – State Industrial Buffer. SPP 4.1 states land uses within a Service Industrial zone should retain all emissions on site.

 

The proposal is not consistent with Draft State Planning Policy 4.1 Industrial Interface. Draft SPP 4.1 classifies the proposed use as ‘non-regulated’ industry with emissions best located in a General Industrial zone.

Noted. SPP 4.1 states that light and service industry parks should retain all emissions on site or at least within the zone or park area.

 

See comment 1.1 and 2.1

 

 

 

No modification required.

2.4

The land use of ‘Industry – General is an ‘A’ land use within the ‘Service Industrial’, meaning the use is not permitted unless the Council exercises its discretion in granting planning approval. The definition of ‘Industry – General’ states such a land use is inappropriate in zones other than the General Industrial Zone. Given that the land use is a discretionary use within the ‘Service Industrial’ Zone, consideration needs to be given to the appropriateness of the development in the context of its locality.

 

Proposed land is inconsistent with CoW Economic Development Strategy and Action Plan in the context of the longer term vision for the Wangara Industrial Area. The proposed land use might compromise this vision.

Agreed – see comment 2.1.

No modification required.

2.5

The proposed land use is incompatible within its setting in a service industrial area adjacent to a commercial zone.

 

The proposal is more appropriate in the ‘General Industrial’ Zone given the potential for off-site emissions to be produced (i.e. noise, vibration, odour and dust).

Noted – See comment 1.3 and 2.1 above.

No modification required.

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                         173

PS09-02/19       Endorsement of City Submission – Draft State Planning Policy 2.4: Basic Raw Materials and Draft Basic Raw Materials Guidelines

File Ref:                                              11221 – 18/533394

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       2         

Issue

To endorse a draft submission Administration has already prepared and provided to the Department of Planning, Lands and Heritage (DPLH) on Draft State Planning Policy 2.4: Basic Raw Materials (BRM) and Draft BRM Guidelines.

Background

BRM in the City of Wanneroo

For the purpose of Draft SPP 2.4, BRM (BRM) includes sand, clay, hard rock, limestone, agricultural lime, gravel and gypsum. Of these materials, limestone and sand are the most commonly available for extraction within the City of Wanneroo.

Activities involving the extraction of BRM are defined as ‘extractive industry’ under the City’s District Planning Scheme No. 2 (DPS 2). Under DPS 2, the ‘extractive industry’ land use is a discretionary (‘D’) land use in the General Industrial, General Rural and Rural Resource Zones – and not permitted (‘X’) in all other zones. However, the locations that BRM extraction could occur within these zones also depend on resource availability.

The extraction of BRM requires the Western Australian Planning Commission’s (WAPC) approval on private land that is reserved under the Metropolitan Region Scheme (MRS) and by the Department of Mines, Industry Regulation and Safety (DMIRS) on Crown Land.

Administration considers noise, dust and traffic as the issues that most commonly arise when it assesses proposals relating to the extraction of BRM.

The DMIRS has prepared web-based BRM Resources Mapping, operating in association with, but outside, Draft SPP 2.4. Administration has converted the BRM Resources Mapping as it affects the City of Wanneroo into a map included in Attachment 1. The BRM Resources Mapping shows high-priority areas for extraction (Significant Geological Supplies) and areas where the extraction of BRM is considered unfavourable for environmental or other planning reasons (Exclusion Areas). The mapping also shows sites where BRM extraction has been approved (Extraction Sites) – however as discussed in this Report, this detail is not accurate.

Release of Draft Documents by the Western Australian Planning Commission

On 5 November 2018, the DPLH released the following draft documents for public comment on behalf of the Western Australian Planning Commission (WAPC):

·          Draft State Planning Policy 2.4: BRM (Draft SPP 2.4); and

·          Draft BRM Guidelines (Draft Guidelines).

In addition to the above, the associated BRM Resources Mapping as discussed above was also developed and made available for public comment.

As outlined by the WAPC, a key objective of SPP 2.4 is to enable the responsible extraction of BRM used in building and development while ensuring the protection of people and the environment.

Further detail on the documents released for public comment is provided for in the ‘Detail’ section below. Submissions on the draft documents closed on 25 January 2019, and Administration provided a draft submission to the DPLH prior to the closing date (refer to Attachment 2). The purpose of this Report is for Council to endorse the draft submission already lodged with DPLH.

Detail

Administration has uploaded both the Draft SPP 2.4 and the Draft Guidelines onto the Hub for Elected Members viewing. Both documents are available for public viewing on the DPLH website.

Key features of Draft SPP 2.4 are as follows:

·          A prescription of the Policy Intent, which is as follows:

“Enable the responsible extraction of BRM, while ensuring the protection of people and the environment. Ensuring broad compatibility between land uses is essential to delivering this outcome.”

·          Information and background on the availability and extraction of BRM in Western Australia;

·          Detail on the application of the policy, which is summarised below:

a)      The policy is to apply across Western Australia in the preparation of various forms of planning documents, processing of development applications for extractive industries and dealing with planning matters relating to the extraction of BRM on Crown Land;

b)      Policy exemptions, such as mining on Crown Land (with the exception of extracting BRM); and

c)      The form of planning proposal that the policy can be applied in respect to planning decision-making.

·          Policy objectives, which are to:

a)      provide guidance to facilitate the planning of basic raw material (BRM) extraction from sites, where such extraction is considered appropriate on planning and environmental grounds;

b)      protect BRM in Significant Geological Supply areas by avoiding encroachment from incompatible land uses and associated conflicts until the resources have been extracted;

c)      ensure considerations relating to the extraction of BRM and the regional importance of the materials are taken into account in the early stages of the planning process including scheme amendments, planning strategies and structure plans;

d)      support the efficient and sustainable use of BRM by ensuring land use planning and zoning decisions are cognisant of likely requirements for BRM in site preparation and construction recognising that BRM are finite resources;

e)      prioritise the extraction and availability of BRM through the identification of sequential use sites and planned extraction and remediation as appropriate for the final intended land use;

f)       ensure that the use and development of land for extraction of BRM, during or after extraction, avoids, minimises and mitigates detrimental impacts on the community and environment, including water resources and biodiversity values, while allowing for future use, consistent with long term planning.

·          Policy measures relating to the following:

a)      Measures that planning decisions that incorporate BRM (or are impacted by or impact upon BRM operations) need to comply with;

b)      Detail on what planning strategies and schemes should entail;

c)      Protection of BRM resource through buffers; and

d)      Provisions relating to the subdivision and development of sites with BRM resource.

·          Definition of terms as applied throughout the Policy.

Draft SPP 2.4 when gazetted will replace the current version of Statement of Planning Policy No. 2.4: BRM, gazetted in July 2000.

The Draft Guidelines have been prepared to accompany Draft SPP 2.4. The Draft Guidelines are prepared in two parts, as outlined below:

·          PART 1 - Information for proponents to gain a general understanding of the land use planning system and requirements associated with BRM proposals.

·          PART 2 - Guidance for planning authorities when determining BRM proposals.

 

The Draft Guidelines are intended to supersede the existing “Fact Sheet BRM” previously prepared and adopted by the WAPC.

Consultation

The DPLH is coordinating the consultation of Draft SPP 2.4 and the Draft Guidelines. The DPLH has met with relevant peak bodies to discuss the release of draft documents for advertising; and as such, Administration does not consider a need for the City to undertake additional consultation with external stakeholders.

Elected Members were advised in a Memorandum from Administration dated 5 December 2018 that the WAPC was seeking comment on Draft SPP 2.4 and the Draft Guidelines. In that Memorandum, Elected Members were invited to provide Administration with comment and feedback on the released draft documents, to be incorporated into the submission that Administration was preparing on behalf of the City. Elected Members were also advised of the 25 January 2019 submission closing date, and how Administration intended to provide DPLH with a draft submission which would then be later endorsed by Council.

Administration presented its draft submission (as included in Attachment 2) to Elected Members by way of a further Memorandum dated 16 January 2019. Elected Members were given an opportunity to review and provide feedback on the draft submission before Administration forwarded it to the DPLH prior to the submission closing date.

Comment

Administration recognises that there has been continued demand over many years for affordable and easily accessible BRM (BRM). Administration understands the importance of ensuring that the extraction of BRM is planned appropriately, and should not have an unacceptable detrimental impact on the surroundings. From a planning and legislative perspective, extraction of basic raw material presents unique challenges and circumstances such as outlined below:

·          BRM extraction is an activity that contributes toward the provision of materials for the building and construction industry. If not planned properly, BRM extraction would have significant repercussions on the State economy;

·          Amenity impacts from BRM extraction can often be significant – at least from the perspective of a local community. Proper planning processes need to be in place to assist in mitigating those impacts as much as possible;

·          The authority responsible for approving BRM extraction varies depending on the zoning and ownership of the land. As a general observation, BRM extraction on Freehold land requires development approval from a local government and/or the WAPC, whilst ‘mining’ BRM on Crown Land is subject to approval from DMIRS; and

·          Extraction of BRM from land zoned ‘Rural’ under the Metropolitan Region Scheme (MRS) is affected by a Clause 32 Resolution. This means that a BRM extraction proposal on Rural land requires development approval from both a local government (under a local planning scheme) and the WAPC (under the MRS).

 

In Administration’s opinion, the challenges and circumstances (such as what is listed above) warrant the need for a State Planning Policy relating to the extraction of BRM.

 

The submission on Draft SPP 2.4 and the Draft Guidelines is provided in Attachment 1. Administration’s comment on particular provisions contained in Draft SPP 2.4 is provided in Appendix 1 of the submission. Appendix 2 of the submission then contains the City’s comment on particular provisions contained within the Draft Guidelines.

 

Key observations that Administration has made in respect to Draft SPP 2.4 and the Draft Guidelines are provided below.

 

Mining of BRM on Crown Land

 

Extraction of BRM (‘mining’) on Crown Land (such as in State Forest) is regulated by DMIRS under the Mining Act 1978.

 

In Administration’s opinion and experience, the process undertaken by the DMIRS does not adequately involve the City – or local residents that may be affected by a mining proposal. Often, residents are unaware of proposed mining activities until after such time a proposal is approved by the DMIRS. This would simply not occur if the ‘mining’ proposal was situated on private, freehold land in the City of Wanneroo – as such proposals would likely be subject to an extensive advertising process by Administration.

 

Draft SPP 2.4 advocates that planning advice for ‘mining’ proposals is ‘commonly sought’ from the WAPC. However, the policy should be strongly encouraging that planning advice and discussion also be made with an affected local government. The submission recommends that DPLH recognise the issues that many local governments (and their residents) are facing in respect to not being adequately consulted on mining proposals assessed by the DMIRS. The submission strongly recommends that SPP 2.4 when gazetted address this issue.

 

Consultation Requirements

 

Extractive industry proposals often attract the interest and attention of the local community.

 

Administration does not consider that either Draft SPP 2.4 or the Draft Guidelines provide adequate guidance on how development applications for extractive industry are to be advertised. How development applications are advertised is already prescribed in Clause 64 of the DPS 2 Deemed Provisions; however, Administration considers that specific guidance is needed in Draft SPP 2.4 and Draft Guidelines in respect to advertising extractive industry development applications. Administration in its draft submission noted that other State Planning Policies – such as State Planning Policy 3.1: Residential Design Codes and State Planning Policy 5.2: Telecommunications Infrastructure – provide specific guidance on advertising development applications in respect to residential development and telecommunications infrastructure respectively.

 

Amenity of the Local Road Network

 

Traffic generated from BRM extraction can have detrimental impacts on local residents on a haulage route. In some cases, these residents may not even be situated in proximity to the BRM extraction site, yet can still be detrimentally impacted by truck movements. Consideration of a Traffic Impact Assessment (TIA) lodged with a BRM extraction proposal should allow an approving authority to explore whether:

 

·          The number and type of heavy vehicle movements that would be using local roads to access a BRM extraction site is appropriate and justifiable;

·          A proposed haulage route is appropriate, and its impact on the amenity of landowners and occupiers of land along the haulage route; and

·          There are alternative haulage routes that could be utilised by heavy vehicles for the purpose of minimising detrimental amenity impacts on others.

 

Section 7.7 of the Draft Guidelines recognises that BRM extraction can have significant impacts on roads, other road users, community amenity and safety, and the environment. The Draft Guidelines highlight the need for a proponent to prepare a TIA to respond to those circumstances. The Draft Guidelines encourage a TIA to consider matters such as truck movements, road suitability and noise impacts – as well as considering road amenity issues such as route selection, impacts on sensitive land uses (e.g. residences), safety and road crossing.

 

Administration welcomes the guidance provided in Section 7.7 of the Draft Guidelines. Administration considers that the submission of a TIA prepared in accordance with the Draft Guidelines provides a sound basis to consider the impact of truck movements on the amenity of the surrounding and impacted local community.

 

Post-Extraction Land Use and Rehabilitation

 

Administration acknowledges that Draft SPP 2.4 recognises the need for sequential land use planning and rehabilitation of sites post-BRM extraction. Currently however, sequential land use planning and rehabilitation is planned for by proponents of each respective extraction site.

 

Administration agrees that Draft SPP 2.4 should require sequential land use and rehabilitation planning by proponents (and assessed by the City) prior to the granting of a development approval (or in the case of BRM extraction on Crown Land, an approval by the DMIRS). An agreed sequential land use plan would guide the extraction of BRM in a way that ensures the landform maximises the potential for an appropriate sequential use post-extraction. Appropriate sequential use planning could enhance the prospect of BRM extraction sites continuing to provide landowners and the wider community with economic benefits post-extraction.

 

The City has extensive BRM extraction areas, particularly on private land in Carabooda and Nowergup. These BRM extraction sites often adjoin each other – or sites used for other purposes such as for agriculture and horticulture. Administration considers that Draft SPP 2.4 emphasise a need for a holistic and complementary approach to dealing with sequential land use planning and rehabilitation across a wider area, rather than individually for each site. State planning guidance on this matter incorporated into Draft SPP 2.4 would assist the City in preparing its Local Planning Strategy and Scheme review.

 

Maintenance Implications of Heavy Vehicles on Local Roads

 

Material extracted from a site is usually hauled on local roads by heavy vehicles. This heavy vehicle haulage has the potential to deteriorate a local road at a more rapid rate, which in turn would require increased maintenance of that road. Increased maintenance comes at an increased cost for a local government.

 

A local government could, under the Road Traffic (Administration) Act 2008, potentially recover road maintenance expenses (through a court), where it can be proved that such expenses has been incurred because of damage caused by heavy traffic. The increased loading as a result of hauling of BRM on local government roads must be deemed to be of such a volume that it is likely to cause damage resulting in “extraordinary expenses” (as in the Act), which is damage that is well beyond what would normally be anticipated for the category of road(s) concerned.

 

The local government is not, however, able to collect ‘royalties’ for road use under this legislation either as a lump sum payment or on an ongoing basis (e.g. based on each tonne and/or distance extracted material is hauled in heavy vehicles on local roads). In its submission, Administration has recommended that the DPLH consider how Draft SPP 2.4 (or changes to legislation) could allow a local government to recover royalties from BRM extraction site operators, if a local government considers that haulage volumes of extracted BRM would result in more frequent and costly maintenance of local roads.

 

Administration also recommends in its draft submission that BRM extraction site operators make contact with the local government early in the process with regard to the potential impact of the increased haulage volumes on local roads – and to negotiate an agreement to address any resultant increase in maintenance and road rehabilitation requirements.

 

Water Supply and Availability

 

In respect to BRM extraction, Section 7.5 of the Draft Guidelines acknowledges that water is needed for cleaning machinery and trucks, domestic use and processing BRM. Although not specifically listed in Section 7.5, water can also be used for dust suppression.

 

As outlined above, much of the City’s BRM extraction areas (such as Nowergup and Carabooda) are often situated in proximity to agricultural and horticultural uses, which also require significant volumes of groundwater for irrigation and commercial food production. As expressed through its draft submission, Administration considers that there is scope for more stringent and innovative use of groundwater for BRM extraction (which could be encouraged through Draft SPP 2.4), for the purpose of ensuring water supply is maintained for food production from agricultural and horticultural sites which are often located nearby.

 

Basic Raw Material Use

 

The term ‘basic raw material’ – as referred to in the draft documents and in DMIRS publications – relates to product used in the building and construction industry, as well as for agriculture. Draft SPP 2.4 definition of ‘BRM’ lists examples of specific materials, such as sand and limestone.

 

Although BRM can be used in the building, construction and agriculture, they are also often used for other purposes such as for landscaping, fill and fertiliser production. The City’s draft submission highlights the need for the DPLH to consider and acknowledge that ‘BRM’ in the context of the released documents can also in fact be used for a variety of purposes other than for building, construction and agriculture.

 

Location of BRM Extraction Areas and Mapping

 

The inclusion of a Landscape Enhancement Zone into DPS 2 was approved in May 2016. The Landscape Enhancement Zone is intended to accommodate agricultural and horticultural land uses and small-scale tourism activities, and is located in Nowergup and Carabooda. Extraction of BRM is an activity that is not permitted (or ‘X’) in the Landscape Enhancement Zone. Administration has reviewed the mapping, and can confirm that no sites zoned Landscape Enhancement have been identified on DMIRS mapping as having a high-priority resource for extraction.

 

The existing boundaries of the Landscape Enhancement Zone were set, in part, to provide a 300 metre offset between the boundary of the zone and areas identified in the current SPP 2.4 as ‘Priority Resource Locations’. The areas that have been identified on the new DMIRS mapping as having a high-priority resource for extraction are generally located further away from the Landscape Enhancement Zone. This could potentially allow the City to investigate extending the Landscape Enhancement Zone through an amendment to the City’s DPS 2. Administration will consider this matter and provide further advice to Council on a proposed approach.

 

Administration has identified that the mapping prepared by the DMIRS does not show all the approved extraction sites that the City has approved. As reflected in its draft submission, Administration considers that:

·          The DMIRS should collect information with relevant local governments (and other relevant agencies) prior to the gazettal of Draft SPP 2.4, for the purpose of ensuring that all existing extraction sites are shown on their mapping; and

·          The Draft Guidelines needs to include a requirement whereby a local government must inform the DMIRS of an approved extractive industry, for the purpose of the DMIRS maintaining their mapping as accurately as possible.

 

Previous and Next Steps

 

In preparing and lodging a submission, Administration had undertaken the following:

 

·          Administration prepared a Memorandum for Elected Members dated 5 December 2018. This Memorandum advised that Draft SPP 2.4 and the Draft Guidelines had been received, and invited Elected Members comment and feedback on the content of the draft documents released for public comment;

·          Administration had prepared a draft submission in response to the advertised draft documents on behalf of the City. Administration invited Elected Members to comment and review the draft submission by way of a Memorandum dated 16 January 2019; and

·          Administration forwarded the draft submission to the WAPC before the 25 January 2019 submission closing date, advising the WAPC that the submission is still in draft as it has not (at that point in time) been endorsed by Council.

 

Officers at the DPLH have advised Administration that they are supportive of the approach Administration has undertaken as set out above. The DPLH are now awaiting confirmation that Council has endorsed the City of Wanneroo submission on Draft SPP 2.4 and the Draft Guidelines.

Statutory Compliance

Consultation of Draft SPP 2.4 has been undertaken pursuant to Section 28 of the Planning and Development Act 2005 (the Act). Sub-section 28(5) of the Act requires the Western Australian Planning Commission to consider such submissions.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “4     Civic Leadership

4.2    Good Governance

4.2.2  Provide responsible resource and planning management which recognises our significant future growth


 

Risk Management Considerations

Risk Title

Risk Rating

ST-S23 – Stakeholder Relationships

Moderate

Accountability

Action Planning Option

Chief Executive Officer

Manage

The above risk relating to the issue contained within this report has been identified and considered within the City’s Strategic Risk Register. Action plans have been developed to manage this risk to improve the existing management systems.

Policy Implications

Local government could prepare local planning policies to supplement or elaborate on measures associated with the implementation of Draft SPP 2.4.

Administration is in the process of preparing a draft Local Planning Policy for extractive industry to amplify and clarify the City’s position on such proposals. Administration intends to draft a Local Planning Policy for extractive industry following the adoption of Draft SPP 2.4, to ensure that the Policy is complementary to with State Planning Policy, but provides the City’s local content.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.         ENDORSES the submission in Attachment 2 as prepared by Administration and already submitted to the Department of Planning, Lands and Heritage in respect to Draft State Planning Policy 2.4: BRM, Draft Basic Raw Materials Guidelines and associated mapping;

2.         ADVISES the Department of Planning, Lands and Heritage of its endorsement of the submission referred to in 1. above; and

3.         REQUESTS that Administration, following the gazettal of Draft State Planning Policy 2.4: Basic Raw Materials, investigate whether the area zoned Landscape Enhancement under the City’s District Planning Scheme No. 2 should be expanded.

 

 

Attachments:

1.

Attachment 1 for Council Report - Draft SPP 2.4 Mapping

19/11489

 

2.

Attachment 2 - Signed Submission with Appendices on Draft State Planning Policy 2.4: Basic Raw Materials and Draft Basic Raw Materials Guidelines

19/27106

Minuted

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                      180

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                         199

PS10-02/19       Consideration of Development Application (DA2018/1614) - Public Works Temporary Site Facilities on Lot 132 (1351) Wanneroo Road, Wanneroo

File Ref:                                              DA2018/1614 – 18/551481

Responsible Officer:                           Director Planning and Sustainability

Disclosure of Interest:                         Nil

Attachments:                                       3         

Issue

To consider a development application (DA2018/1614) for Public Works Temporary Site Facilities at Lot 132 (1351) Wanneroo Road, Wanneroo (subject site).

 

Applicant

CPB Contractors

Owner

Lakewide Pty Ltd

Location

Lot 132 (1351) Wanneroo Road, Wanneroo

Site Area

3.4086ha

DPS 2 Zoning

Business, Special Control Area

ASP 80 Zoning

Business

Background

On 23 November 2018, the City received a development application for approval under the Metropolitan Region Scheme (MRS) for Public Works Temporary Site Facilities at the subject site. The site is bounded by Wanneroo Road to the east, abutting a Business zoned lot to the north and a Special Residential zoned lot to the south, and Yellagonga Regional Park (also known as Lake Joondalup) to the west. A location plan of the subject site is included in Attachment 1.

The proposed works will support the construction of the Wanneroo Road/Joondalup Drive interchange project, and fall within the definition of ‘Public Works’ defined in the Public Works Act 1902. Public Works are exempt from requiring development approval under the City’s District Planning Scheme No. 2 (DPS 2). However, development approval is still required under the MRS on zoned land, and the Western Australian Planning Commission (WAPC) is the determining authority. The City does not have any decision making ability, however, is required to provide a recommendation to the WAPC. Administration received an Elected Member request for the matter to be referred to Council to provide the recommendation to the WAPC.

Administration undertook a site inspection on 11 December 2018, following a query in relation to works on the site, and confirmed works had commenced in the absence of development approval.

Detail

The development application proposes Temporary Site Facilities, including:

·          An 150mm high compacted asphalt laid directly on top of the existing ground levels on site, acting as a parking lot consisting of 62 bays;

·          Three lunch rooms with an area of 36m2 each;

·          An Main Roads Western Australia (MRWA) office with an area of 108m2;

·          An CPB Contractors office with an area of 216m2;

·          A water tank;

·          A bund to ensure stormwater is contained on site;

·          A 400m2 dam (shown as Turkey’s Nest on the plan in Attachment 2) that will be used for construction purposes;

·          A maximum of 50 employees will be accommodated on site at any one time; and

·          A crossover onto Wanneroo Road located on the adjoining property identified as Lot 1 (1369) Wanneroo Road, Wanneroo.

The above works will provide temporary amenities for the employees of MRWA and CPB Contractors for the upgrading of the Wanneroo Road and Joondalup Drive interchange. The proposed public works are intended to be temporary in nature, and is required for approximately 18 months.

The development plans under consideration are included as Attachment 2.

Whilst the proposed public works are exempt from requiring development approval under DPS 2, the relevant public authority is still required are to have regard to the following:

·          The purpose and intent of DPS 2;

·          The principles of proper and orderly planning and the amenity of the area; and

·          Consult with the City when a proposal is being formulated for public works.

The proposed public works has been considered with regards to the relevant planning requirements within DPS 2, and is discussed in the Comment section below.

Consultation

Advertising of the proposal was undertaken by the City in writing to the affected landowners adjoining the north and south which are identified as Lot 1 (1369) Wanneroo Road, Wanneroo, and Lot 10 (1327) Wanneroo Road, Wanneroo, respectively. Advertising was undertaken for a period of 21 days commencing 30 November 2018 and closing on 21 December 2018. A submission was received from the landowner of the Lot 10 (1327) Wanneroo Road, Wanneroo.

The landowner raised concerns relating to organic material used for infill for a portion of the property previously, and the impacts it would have to Lake Joondalup. However, no comments were raised relating to the proposed public works. As such, the comments are not considered to relate to the current application.

Comment

DPS 2 Considerations

The proposed public works is generally consistent with Part 4 of DPS 2 which includes provisions for non-rural and non-residential development, with exception to the following discussed below.

Landscaping

DPS 2 requires the portion of the lot within 3m of the street alignment to consist of landscaping and access only, and a minimum of 8% of the site to be set aside for landscaping.

Landscaping has not been provided as part of this application. Given the temporary nature of the proposed works, landscaping is not considered necessary on this occasion. However, a condition has been recommended to the WAPC to time limit the development to two years, at which time all structures are to be removed and land reinstated to its condition prior to commencement of works.


 

Car Parking

DPS 2 does not prescribe car parking standards for unlisted uses. Where car parking standards are not specified in DPS 2, the City shall determine the parking standards. A total of 62 car bays are proposed on the plans, with the applicant advising that there would be an average of 50 employees accommodated on site at any one time. Additionally, there are areas on site that could accommodate for overflow parking if necessary. Administration considers that the proposed parking can sufficiently accommodate the expected number of vehicles using the site.

Schedule 17 of DPS 2 – Special Control Area 1

The subject site is also identified to fall within Special Control Area 1 (SCA 1), and therefore is to have regard to the requirements of Schedule 17 of DPS 2. The site specific requirements relating to development standards such as building façade and landscaping, are not considered appropriate to apply to this application given the works are of a temporary nature, and would need to be removed from site once road works have been completed. A minor portion of the subject site includes a wetland buffer area imposed within SCA 1, however, the proposed public works are not located within the wetland buffer area.

A detailed assessment against all relevant SCA 1 provisions is included in Attachment 3. However, the requirements relating to the provision of a midge management plan, urban water management plan and fill materials are discussed below in detail.

Midge Management Plan

Schedule 17 of DPS 2 requires a midge management plan to be provided with the application as the subject site is adjacent to Lake Joondalup. Given the temporary nature of the proposed works, Administration has confirmed that a midge management plan is not required providing the following items can be adhered to:

1.         All wastewater is to be appropriately contained onsite in suitably sized receptacles and not discharged into the environment;

2.         Water storage facilities are to be adequately sealed to prevent onsite midge and mosquito breeding; and

3.         Unless necessary for night works or safety and security reasons, any light sources at the development site must be switched off overnight to prevent midge attraction.

To ensure midges are managed, a condition is recommended to the WAPC that the proposal satisfies the above requirements.

Urban Water Management Plan

A stormwater plan has been provided as part of this application. As the site slopes downwards from east to west, the stormwater is proposed to be retained on site by a bund which wraps around the western portion of the development area. The stormwater plan is designed to accommodate a 1 in 100 year storm event. Administration has reviewed the stormwater plans and confirms they are satisfactory.

Notwithstanding the above, the subject site falls within the High Groundwater Area designated within SCA 1. Clause 1.5.1 and Clause 1.5.2 of SCA 1 states that the City shall not approve development on land that is shown as a ‘High Groundwater Area’ subject to a range of conditions which are to be demonstrated through an urban water management plan. One provision specifically requires the floor levels to be greater than 1.2 metres above the historical maximum groundwater level and 0.5 metres above the 100 year average recurrence interval (ARI) top water level in flood storage areas. The required floor levels to range from Reduced Level (RL) 20.77 to RL 21.2. The proposed floor levels for the development range between RL 20.1 to RL 21, and therefore does not meet the above provision. Accordingly, a condition has been recommended to increase the floor levels to a minimum of 1.2 metres above the historic maximum ground water levels and a minimum of 0.5 metres above the 100 year ARI top water level in flood storage areas.

Fill Materials

Clause 1.5.1(e) of SCA 1 requires all fill introduced to the site to be clean of phytophthora dieback, weeds and is accredited (verified clean fill). The applicant has confirmed that no bulk fill was imported on site and the asphalt was laid directly on the existing ground levels. This was verified by the City’s Compliance Officers in their inspection on 11 December 2018. Having regard to the requirement for floor levels to be higher than the historical maximum groundwater levels and ARI levels, the City is recommending a condition that floor levels are at the appropriate level to meet these requirements. This may result in fill being required to accommodate for these floor levels. As such, Administration recommends a condition to the WAPC that all fill used on site must be clean to minimise environmental impacts to Lake Joondalup.

Access onto Wanneroo Road

The site is currently accessed through an existing crossover on the subject site, however, the applicant intends to construct  a new access point to provide access to the temporary site facilities via a crossover located on the adjoining property to the north, which is identified as Lot 1 (1369) Wanneroo Road, Wanneroo. The crossover is proposed to face Clarkson Avenue which would become a four way intersection, and is consistent with access that is designated within the Drovers Place Agreed Structure Plan No. 80 (ASP 80). The submitted plans also identified an additional left-in left-out access point onto Wanneroo Road, which is not a designated access within ASP 80. Attachment 1 indicates all the crossovers mentioned above.

Administration has reviewed the proposed four way intersection crossover and raised concerns as it would result in the removal of the existing pedestrian crossing. However, they would be supportive of the crossover subject to a condition that engineering drawings for the crossover to be provided to the City that indicate pedestrian crossing facilities.

The City has also referred this application to MRWA for comment, who does not object to the four way intersection crossover, which faces Clarkson Avenue. However, they do not support the left in left out crossover for the following reasons:

·          The proposed access conflicts with ASP 80; and

·          The proposed access is inconsistent with section 3.3.1 of the Development Control Policy 5.1 – Regional Roads (Vehicular Access) which seeks to minimise the creation of new access onto regional roads where there are existing access arrangements.

Given that the proposed four way intersection crossover location is consistent with ASP 80, Administration is of the view that this crossover can be supported subject to a condition for engineering drawings for the crossover and pedestrian crossing facilities to be submitted for the City’s approval. The applicant has confirmed they are no longer seeking to construct the proposed left-in left-out crossover given the concerns of MRWA. Accordingly, a condition is also recommended to remove the left-in left-out crossover from the plans.

Compliance Matters

Administration has investigated the site and confirmed that unauthorised works have commenced. In accordance with Clause 1.1 of Local Planning Policy 4.14 Compliance (LPP 4.14), the compliance issue falls outside of the jurisdiction of the City as the City is not the determining authority, and therefore has been referred to the WAPC for action.

Conclusion

In light of the above, Administration considers that the proposed public works has regard to the relevant intent and provisions within DPS 2, and principles of proper and orderly planning and the amenity of the area, subject to conditions. It is therefore recommended that Council supports the proposed development application subject to conditions.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s DPS 2 and Drovers Place Precinct Agreed Structure Plan No. 80.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “3     Environment (Built)

3.5    Connected and Accessible City

3.5.1  Deliver local transport infrastructure including roads, footpaths and cycle ways to improve accessibility

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

This proposal has been assessed against the relevant provisions of DPS 2 and Drovers Place Precinct Agreed Structure Plan No. 80.

Financial Implications

Nil

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.         Pursuant to Clause 29(3) of the Metropolitan Region Scheme (MRS), ADVISES the WAPC that Council RECOMMENDS SUPPORT to the development application for Public Works Temporary Site Accommodation at Lot 132 (1351) Wanneroo Road, Wanneroo, as contained in Attachment 2, subject to compliance with the following conditions:

a)      This approval only relates to the proposed Unlisted Use (Temporary Site Accommodation and Associated Crossover and Parking Areas) as indicated on the approved plans. It does not relate to any other development on the lot.

b)      Stormwater and any other water run-off from buildings or paved areas shall be collected and retained on site. All stormwater up to and including the 1 Year ARI critical duration event shall be infiltrated at source and not conveyed through the drainage network to infiltration areas in open space or drainage reserves.

c)      Fill introduced to the site shall be clean of Phytophthora dieback, weeds and accredited.

d)      The parking area and associated access indicated on the approved plans shall not be used for the purposes of storage or obstructed in any way at any time, without the prior approval of the City of Wanneroo.

e)      The applicant shall undertake adequate measures to minimise any impacts of dust and sand drift from the site to the satisfaction of the City of Wanneroo.

f)       The points of ingress and egress shall be designed and constructed in accordance with the Australian Standard for Offstreet Carparking (AS2890), and shall be drained, sealed and marked.

g)      The first 10 metres of the driveway from the street boundary is to be compacted and sealed to the satisfaction of the City of Wanneroo.

h)      Parking areas shall be constructed with suitable materials appropriate to the location, to the satisfaction of the City of Wanneroo.

i)       This planning approval is time limited and shall expire within two (2) years from the date of the approval, unless a further approval is issued. If a new approval has not been issued, all structures and works (including the asphalt base) relating to this approval shall be removed.

j)       All wastewater shall be appropriately contained onsite in suitably sized receptacles and not discharged into the environment.

k)      Water storage facilities shall be adequately sealed to prevent onsite midge and mosquito breeding.

l)       Light sources at the development site shall be switched off overnight to prevent midge attraction, with the exception of light required for night works or safety and security reasons.

m)     Engineering drawings and specifications shall be submitted to and approved by the City’s Land Development Service Unit, and works undertaken in accordance with the approved drawings and specifications for:

i.        The modification of the side entry pit located on Wanneroo Road.

ii.       The proposed crossover on Wanneroo Road including pedestrian crossing facilities.

n)      The proposed left in left out access onto Wanneroo Road does not form part of this approval.

o)      The site levels within the development area shall be a minimum of 1.2 metres above the historical maximum groundwater levels and a minimum of 0.5 metres above the 100 year average recurrence interval top water level in flood storage area; and

2.         ADVISES the submitters of Council’s recommendation and the decision of the Western Australian Planning Commission.

 

 

Attachments:

1.

Attachment 1 - Location Plan - Lot 132 (1351) Wanneroo Road, Wanneroo

19/21050

 

2.

Attachment 2 - Development Plans - Temporary Site Accommodation - Lot 132 (1351) Wanneroo Road, Wanneroo

19/16939

Minuted

3.

Attachment 3 - Assessment against Schedule 17 of DPS 2 - 1351 Wanneroo Road, Wanneroo

19/6938

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                      205

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                                                         212

Assessment against Schedule 17 of DPS 2 – Special Control Area 1

General Provisions

Requirement

Administration Comments

Clause 1.4.1

Areas designated as a wetland buffer in the Plan included in this Schedule shall preclude development, however will allow low impact uses including:

a)   Water sensitive urban design best management practices;

b)   Passive recreational facilities as deemed appropriate by local government;

c)   Amenity landscaping utilizing locally native species; and

d)   Other low impact uses as deemed appropriate by the local government in consideration of advice form relevant government agencies.

A portion of the lot falls within the Compatible Use Wetland Buffer (see below in blue with yellow/green hatch):

 

However, no works are proposed within this wetland buffer, and therefore this provision is not applicable.

Clause 1.4.2

Any application for development affecting or adjacent to Lake Joondalup or the Wetland Buffer shall be supported by a Wetland Management Plan that incorporates the following to the satisfaction of the Local Government:

Concept plan showing location of wetland compatible uses to be included within buffer area and those areas to be rehabilitated;

No works are proposed within the wetland buffer area, and therefore the concept plan is not required.

A re-vegetation plan to provide for planting of native vegetation within the wetland buffer;

No works are proposed within the wetland buffer area, and no native vegetation will be removed within the buffer area. Therefore a re-vegetation plan is not required.

Midge management plan;

Given the temporary nature of the proposed works, the City’s Health Services have confirmed that a midge management plan is not required. This is discussed in further detail in the report.

Fertilizer and irrigation management  plan;

The application is proposing temporary site accommodation which will be removed after completion of the road works. As such, no landscaping is required as part of this application, and therefore a fertilizer and irrigation management plan is not required.

Urban water management plan demonstrating:

I.    Onsite retention and treatment of all stormwater up to the one year critical duration rainfall event;

II.   Attenuation of peak flows to pre-clearing levels; and

III.  The use of appropriate water sensitive urban design structural controls to achieved above design criteria;

A stormwater plan has been provided as part of this application. The stormwater plan has been reviewed by the City’s Land Development Services who have confirmed it is sufficient. This is discussed in further detail in the report.

Bushfire management; and

The subject site is identified as a bushfire prone area, and a bushfire attack level assessment (BAL) was provided with the application. In accordance with State Planning Policy 3.7 Planning in Bushfire Prone Areas (SPP 3.7), a bushfire management plan (BMP) is only required in instances where the proposed works are considered ‘High Risk’ or ‘Vulnerable’ land uses, or where management measures is required to reduce the BAL rating to under BAL-29. The proposed public works are of a temporary nature and is not classified as a high risk or vulnerable land use, and achieves a BAL rating of 12.5. As such, the BAL assessment is considered satisfactory.

Dieback management.

The City’s Environmental Planner has advised that a dieback management plan is not required as the proposed works does not impact the wetland buffer, and is typically required by Department of Biodiversity, Conservation and Attractions (DBCA) if works encroach into the wetland buffer. The City has referred this application to DCBA who does not object to the proposed works as it is located outside the wetland buffer. As such, a dieback management plan is not required.

Clause 1.5.1

The local government shall not approve development on land that is shown as a ‘High Groundwater Area’ on the Plan included in this Schedule, unless it can be demonstrated that:

a)   Finished floor levels, without the use of a controlled groundwater level, can be achieved that have 1.2 metre separation from historical maximum groundwater levels and 0.5 metre separation from 100 Year Average Recurrence Interval (ARI) Top Water Level in flood storage areas

The subject site falls within the High Ground Water Areas indicated on the Plan within Schedule 17 of DPS 2.

 

The site currently slopes down from east (21 AHD) to west (18 AHD) within the development area. The historic maximum groundwater levels also slope down from east (20 AHD) to west (19 AHD). To achieve a 1.2m separation, a floor level of 20.2 AHD to 21.2 AHD is required.

 

In addition, stormwater is retained on site through a bund located up to 20.30 AHD. To contain the 1:100 yr stormwater event, the top water level would reach 20.27 AHD within the stormwater storage area. This would require the floor levels to be 20.77 AHD.

 

The plans propose levels within the development area ranging from 20.1 AHD to 21 AHD. 

 

The proposed works do not fully comply with the above. In the event that a major storm occurs, a large portion of the development area could be inundated.  Accordingly, a condition has been recommended to increase the floor levels to a minimum of 1.2 metres above the historic maximum ground water levels and a minimum of 0.5 metres above the 100 year ARI top water level in flood storage areas.

b)   The introduction of fill to achieve (a) will not present any interruption to flood water flows in the 100 Year ARI flood event;

The proposed levels do not meet the (a) provision. Notwithstanding, stormwater plans have been provided that demonstrate the site could retain a 1:100 yr storm event, and therefore the proposal is considered to meet this requirement.

c)   The introduction of fill to achieve (a) will coordinate with natural levels at the common boundary with Yellagonga Regional Park;

The proposed works are not located up to the common boundary with Yellagonga Regional Park. In addition, the application is proposing temporary site accommodation which will be required to be removed as part of a recommended condition. Therefore the proposed levels are considered acceptable.

d)   Batters arising from introduced fill shall result in no retaining walls greater than 1m required, and that batters can be revegetated to prevent future erosion;

The batter on site and indicated on plans is existing and therefore this provision is not applicable.

e)   Fill introduced to the site shall be clean of Phytophthora dieback, weeds and accredited as such;

150mm high compacted asphalt is proposed on the development area. To ensure fill is acceptable and meets this requirement, a condition will be imposed.

f)    All stormwater up to and including the 1 Year ARI critical duration event shall be infiltrated at source and not conveyed through the drainage network to infiltration areas in open space or drainage reserves; and

A stormwater plan has been provided as part of this application which demonstrates stormwater being retained on site and not draining into open space or drainage reserves. This is considered to adequately address this requirement; however a condition will be imposed to ensure that stormwater is contained on site.

g)   Stormwater leaving the development site shall not exceed pre-development flow rates. All post development stormwater shall be attenuated on the development site and off-line from overland flow paths.

A stormwater plan has been provided as part of this application which demonstrates stormwater being retained on site. This is considered to adequately address this requirement; however a condition will be imposed to ensure that stormwater is contained on site.

Clause 1.5.2

The conditions above shall be demonstrated to the local government in the form of Urban Water Management Plans that incorporate an indicative earthworking plan, indicative design levels and modelling of 100 year flood levels for Lake Joondalup; in addition to any requirement or guidance issued by the local government and/or relevant government agencies.

As discussed above, a condition has been recommended to increase the floor levels to a minimum of 1.2 metres above the historic maximum ground water levels and a minimum of 0.5 metres above the 100 year ARI top water level in flood storage areas.

Clause 1.5.3

Urban Water Management Plans shall be finalised by the applicant and endorsed by the local government through a condition of subdivision or development, issued prior to commencement of any site works.

As discussed above, a condition has been recommended to increase the floor levels to a minimum of 1.2 metres above the historic maximum ground water levels and a minimum of 0.5 metres above the 100 year ARI top water level in flood storage areas.

Special Control Area 1(b)

Requirement

Administration Comments

Clause 3.3.1

Development adjacent to Yellagonga Regional Park shall coordinate with natural levels at the common boundary with Yellagonga Regional Park to minimise the visual impact of site levels, retaining walls and fencing. Retaining walls above 1m in height shall be discouraged.

The proposed works are not located up to the common boundary with Yellagonga Regional Park. In addition, the application is proposing temporary site accommodation which will be required to be removed as part of a recommended condition. Therefore the proposed levels are considered acceptable.

Clause 3.3.2

The location and design of buildings, access ways and footpaths shall provide for view corridors to the Yellagonga Regional park.

The proposed works are temporary and will be required to be removed as part of a recommended condition. As such, the building design is not applicable in this application. Footpaths are to be provided in future development where development is permanent.

 

The access way is proposed to be located where a four way intersection will be constructed, facing Clarkson Avenue. Main Roads have reviewed this and has no objections to the location of the crossover.

Clause 3.3.3

The bulk and scale of any future development shall have regard for preserving the views, significance and character of and visual relationship to Yellagonga Regional Park.

Proposed works are temporary works and will be required to be removed as part of a recommended condition. This requirement will be considered at future development applications on the subject site.

Clause 3.3.4

Provision of a Right-of-Carriageway Easement from Wanneroo Road to the existing Pump Station site and works required to interface the Pump Station installation with the proposed adjacent subdivision or development.

The Pump Station site is not within the subject site, and therefore is irrelevant to this application.

Clause 3.3.5

Service areas shall be integrated within the development and designed to minimise any negative visual impacts along the interface with the Yellagonga Regional Park and Wanneroo Road. All service areas shall be appropriately screened from the public realm.

Proposed works are temporary works and will be required to be removed as part of a recommended condition. This requirement will be considered at future development applications on the subject site.

Clause 3.3.6

Hardscape shall provide for reduction of impervious area to facilitate water sensitive design.

Proposed works are temporary works and will be required to be removed as part of a recommended condition. This requirement will be considered at future development applications on the subject site.

Clause 3.3.7

Building façades shall be of a high architectural standard utilising brick, masonry, concrete and glazing and include colour schemes sympathetic to the natural environment.

Proposed works are temporary works and will be required to be removed as part of a recommended condition. This requirement will be considered at future development applications on the subject site.

Clause 3.3.8

Buildings are to be designed to suit local climatic conditions, be energy efficient and designed to help reduce the risk and fear of crime.

Proposed works are temporary works and will be required to be removed as part of a recommended condition. This requirement will be considered at future development applications on the subject site.

Clause 3.3.9

New buildings are to be of a quality of architectural design that is consistent with the role, setting and natural character of the Special Control Area.

Proposed works are temporary works and will be required to be removed as part of a recommended condition. This requirement will be considered at future development applications on the subject site.

Clause 3.3.10

Buildings are to provide opportunities for passive surveillance and be sited to enable and encourage pedestrian access to Yellagonga Regional Park. This may include glazing and seating or alfresco areas to integrate development with the Yellagonga Regional Park.

Proposed works are temporary works and will be required to be removed as part of a recommended condition. This requirement will be considered at future development applications on the subject site.

Clause 3.3.11

A minimum of eight percent of a site shall be provided as landscaping in addition to the Wetland Buffer defined in the Plan included in this Schedule.

The application is proposing temporary site accommodation which will be removed after completion of the road works. As such, no landscaping is required as part of this application. However, this requirement will be considered at future development applications on the subject site.

 

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                         217

 

Assets

Strategic Asset Management

AS01-02/19       Classification Review of Ocean Reef Road and Gnangara Road (East of Sydney Road) as a State Administered Road

File Ref:                                              3120V03 – 18/549608

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       1  

Previous Items:                                   AS03-02/18 - Main Roads WA Amendments to the Road Classification Process - Ordinary Council - 06 Feb 2018 7.00pm

                                                            AS01-12/16 - Reclassification of Marmion Avenue and Ocean Reef Road/ Gnangara Road as State Roads - Ordinary Council - 06 Dec 2016 6.00pm      

Issue

To update Council on the proposed reclassification of Ocean Reef Road Gnangara Road (east of Sydney Road) as State Roads under the control of Main Roads WA (MRWA).

Background

Council, at its meeting in August 2010, endorsed the preparation of a joint submission to MRWA with the Cities of Swan and Joondalup, seeking the reclassification of Ocean Reef Road/Gnangara Road to a State Road (Item No IN02-08/10 refers).

In 2011, a joint application was submitted to MRWA for an Administration Classification Assessment, the determination as to whether a road should come under the care and control of the State or Local Government, for the route consisting Ocean Reef Road, Gnangara Road and part of West Swan Road between Marmion Avenue and Great Northern Highway.

At the time, MRWA’s Classification Assessment did not consider that this route met the criteria to become a State Road due to several factors including Ellenbrook not yet being a secondary centre and the limited capacity of Gnangara Road.

Council considered Item No AS01-12/16 refers - Reclassification of Marmion Avenue and Ocean Reef Road/Gnangara Road as State Roads and resolved in part as following:

“That Council:-

1.         RECOGNISES the importance of Yanchep as a Strategic Metropolitan Centre and SEEKS the reclassification of Marmion Avenue, Ocean Reef Road and Gnangara Road as Primary Distributor Roads by the State Government…”

In December 2017, MRWA, through the Western Australian Local Government Association, sought comments on the proposed changes to the criteria being used to determine road classification under the Future State Administered Roads Project. The City supported the changes to the criteria, Item No AS03-02/18 - Main Roads WA Amendments to the Road Classification Process, and provided additional comments.

MRWA recently completed an Administration Classification Assessment which explored three options for Ocean Reef Road and Gnangara Road:

Option 1:    Ocean Reef Road, Gnangara Road and part of West Swan Road to Great Northern Highway - the full route (approximately 27.5 km);

Option 2:    Ocean Reef Road and Gnangara Road to the future Tonkin Highway only (approximately 17.6 km); and,

Option 3:    Ocean Reef Road and Gnangara Road to the Lord Street/Pinaster Parade intersection in Ellenbrook - the extent of the current dual carriageway (approximately 21 km)

The Administration Classification Assessment considered that all three options passed the minimum assessment threshold for a Primary Distributor, i.e. State Road. The Classification Assessment report recommended that Option 2 be progressed and proclaimed as a State Road with a further recommendation that a review of the remainder of the route to Great Northern Highway is undertaken in 2021/2022, following the completion of the new Lord Street and Tonkin Highway extensions.

Detail

In August 2018, MRWA representatives met with Administration to discuss the potential transfer of Ocean Reef Road and Gnangara Road (from City of Joondalup boundary to City of Swan Boundary) to a State administered road. MRWA has also met with the Cities of Joondalup and Swan and indicated that they were supportive of Option 2.

On 31 October 2018, the City received a letter from MRWA, refer Attachment 1, formally requesting an in‑principle agreement from the City of Wanneroo for the transfer of the section of Ocean Reef Road/Gnangara Road, as shown in the map below, during the 2019/2020 financial year. MRWA indicated that it is prepared to accept responsibility for this section of road subject to the following conditions:

·          The road being in a condition acceptable to MRWA Metropolitan Region; and

·          The City of Wanneroo giving consent to the transfer to MRWA, of its 6.0km section of Ocean Reef Road between the City of Joondalup boundary and Gnangara Road; and a 2.0km section of Gnangara Road between Ocean Reef Road and the City of Swan boundary (refer to map below).

The transfer will also be subject to funds being available as outlined in s13 of the Main Roads Act. MRWA has submitted a 10 year Asset Management Plan to Treasury late in 2018, with the transfer of this road subject to Treasury approval.

Once the City’s in-principle agreement has been received and the additional funding provided in the 2019/2020 State Budget, MRWA will have further communications with the City to determine a formal handover date. Proclamation drawings will then be prepared and forwarded to the City seeking formal approval of the transfer.

MRWA has also sought similar formal approvals from the Cities of Joondalup and Swan for their corresponding sections of the road as all road sections will need to be transferred to State Administration at the same time. It is noted that the City of Swan Council at its December 2018 meeting resolved to provide an in principle support to this proposal. The City of Joondalup Council is expected to consider this proposal at its meeting in February 2019.

Consultation

Consultation with both Cities of Joondalup and Swan has indicated their support for the re-classification of the road sections within their respective boundaries.

Comment

Administration supports the proposed transfer of Ocean Reef Road/Gnangara Road route and will be working closely with MRWA to affect the transfer. It is recommended that the City provides MRWA with the in-principle agreement sought by MRWA for the transfer of the section of Ocean Reef Road/Gnangara Road.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “3     Environment (Built)

3.5    Connected and Accessible City

3.5.1  Deliver local transport infrastructure including roads, footpaths and cycle ways to improve accessibility

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Nil

Financial Implications

The City undertook financial modelling as part of Item No AS01-12/16 to estimate the total expenditure associated with Marmion Avenue and Ocean Reef Road/Gnangara Road over the next 20 years. For Ocean Reef Road/Gnangara Road shows an estimated operating expenditure of $7.1M and a capital expenditure of $10.6M, giving a total expenditure of $17.7M. The proposed transfer of Ocean Reef Road and Gnangara Road will be advantageous to the City as the ongoing costs associated with the capital upgrades and operating expenditures will become the responsibility of MRWA.

The transfer of the Ocean Reef Road/Gnangara Road infrastructure to MRWA as State Roads will have the effect of a corresponding reduction in Financial Assistance and Direct Grants. It is considered that the reduction in these Grants will not have a significant impact on the City’s budget.

Voting Requirements

Simple Majority

 


 

Recommendation

That Council AGREES IN-PRINCIPLE to the transfer to Main Roads WA, of its section of Ocean Reef Road between the City of Joondalup boundary and Gnangara Road; and the section of Gnangara Road between Ocean Reef Road and the City of Swan boundary.

 

 

Attachments:

1.

Future State Roads - Classification Review - Ocean Reef Road and Gnangara Road

18/471569

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                      220

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                         222

AS02-02/19       Proclamation of Control of Access - Wanneroo Road from Joondalup Drive to Hester Avenue

File Ref:                                              6237 – 18/549754

Responsible Officer:                           Director Assets

Disclosure of Interest:                         Nil

Attachments:                                       2         

Issue

Main Roads WA (MRWA) is seeking to declare Control of Access over a section of Wanneroo Road from Joondalup Drive to Hester Avenue and the City of Wanneroo’s agreement to the proclamation.

Background

MRWA is responsible for the care and management of Wanneroo Road. The dual carriageway upgrade of Wanneroo Road between Joondalup Drive and Hester Avenue has and is being completed by MRWA over past years. The section between Hester Avenue and Hall Road was completed in 2001. The section from Hall Road to Flynn Drive was completed in 2017 in conjunction with the Mitchell Freeway extension to Hester Avenue and Neerabup Road extension to Wanneroo Road. The road duplication and upgrade works along Wanneroo Road between Joondalup Drive and Hester Avenue are now in an advanced stage and nearing completion. The major interchange works at the Joondalup Drive/Wanneroo Road intersection have just commenced.

MRWA is now seeking to formalise the responsibility of the section of Wanneroo Road as a Primary Regional Road (PRR). The formal proclamation to declare Control of Access over the section of Wanneroo Road from Joondalup Drive to Hester Avenue has yet to take place.

Detail

In accordance with section 28A of the Main Roads Act 1930, the Governor, on the recommendations of the Commissioner of Main Roads, may, by proclamation declare, Control of Access over a road. The purpose of these controls is to ‘control’ access from developments abutting PRR to ensure safety to both existing traffic flows along the PRR and access between abutting developments and the PRR. The objective is to maintain and maximise a safe and efficient environment for road users.

On 16 October 2018, the City received a letter from MRWA, refer Attachment 1, seeking to declare Control of Access over the section of Wanneroo Road from Joondalup Drive to Hester Avenue. The road reserve extent along Wanneroo Road impacted by the proclamation is as shown on the Drawing Nos. 1760-256, 1760-257, 1760-258 and 1760-259 attached to MRWA’s letter. The proclamation extends over the now under construction Wanneroo Road/Joondalup Drive intersection interchange. The total road length in Flynn Drive and Joondalup Drive at intersections with Wanneroo Road to be transferred over to MRWA is equivalent to approximately 1.2 linear km.

It should be noted that as part of the proclamation, the City will be taking on the responsibility for the service roads off Wanneroo Road which has resulted from the road duplication works. These are shown as ‘Local Access Road’ on Drawing Nos. 1760-257, 1760-258 and 1760-259. The length of these service roads is approximately 1.4 linear km.

The areas of road reserve affected by the transfer of responsibilities between the City of Wanneroo and MRWA are as shown in Attachment 2.

Prior to making the recommendation to the Minister, the Commissioner of Main Roads requires endorsement by Council of the proclamation drawings (Attachment 1 refers).

Consultation

MRWA is consulting with the City in accordance with section 28A of the Main Roads Act 1930 with respect to the proclamation.

Comment

The road upgrades have been undertaken by MRWA to provide traffic and safety improvements along Wanneroo Road. As a result of the road upgrades to Wanneroo Road, direct property access to this road has been restricted. Old sections of Wanneroo Road that provide access to City of Wanneroo properties on the eastern side have now been converted to service roads with access points provided onto the main road at controlled locations.

The proclamation of Wanneroo Road includes the excision of these service roads as State Roads, which are now deemed as local roads, with the care and control being transferred to the City of Wanneroo (Attachment 2 refers).

MRWA has been working closely with Administration to ensure that these service roads are transferred to the City in a state and condition that is of an acceptable standard. Once transferred, the City will be responsible for the ongoing maintenance and management of these service roads.

The street addresses of the properties alongside the Wanneroo Road Service Roads will not change and will remain as Wanneroo Road.

Statutory Compliance

This proclamation is occurring in accordance with the Main Roads Act 1930.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “3     Environment (Built)

3.5    Connected and Accessible City

3.5.3  Advocate for major integrated transport close to communities

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Nil

Financial Implications

The City receives State Grant funding allocations, i.e. Financial Assistance Grant and Direct Grants, based on its road network length, approximately 1600km, and has a responsibility for the maintenance and future renewal requirements of the associated infrastructure. The transfer of 1.2km of Joondalup Drive and Flynn Drive at the intersections with Wanneroo Road to MRWA and the transfer of 1.4km of service roads to the City are assessed to be equal in proportion and will therefore have an insignificant impact on the grant funding and on the City’s maintenance budget and future renewal requirements of the associated infrastructure.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.         AGREES to the proclamation of the Control of Access over the section of Wanneroo Road from Joondalup Drive to Hester Avenue within the City of Wanneroo as shown on Main Roads WA Drawing Nos 1760-256, 1760-257, 1760‑258 and 1760-259, refer Attachment 1; and

2.         AUTHORISES Administration to advise Main Roads WA of its decision.

 

Attachments:

1.

Proclamation of Control of Access - Wanneroo Road - Joondalup Drive to Hester Avenue

18/458520

Minuted

2.

Transfer of Road Responsibilities between City of Wanneroo and MRWA.

19/29555

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                      224

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                                                         226

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                                                         230

 

Proclamation of Control of Access – Wanneroo Road from Joondalup Drive to Hester Avenue

Transfer of road responsibility areas between Main Roads WA and City of Wanneroo

 

  

 

 

 

 

 

 

 


        

 

 

 

 

 

 

 

 


  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                         233

 

Community & Place

Community Facilities

CP01-02/19       PT01-12/18 Provision of Play Equipment at Carona Park, Madeley

File Ref:                                              13130 – 18/541136

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       1         

Issue

To consider petition PT01-12/18 which was presented to Council at its meeting held on 11 December 2018 seeking the provision of equipment at Carona Park, Madeley.

Background

Carona Park (Attachment 1) is located at 16 Eastcliff Street, Madeley. The park is approximately 0.45 hectares and is classified as a Pocket Park for the purpose of public recreation. The park currently has no infrastructure on site. Petition PT01-12/18 requests that the City consider providing the provision of a swing set and park bench at Carona Park, Madeley.

Existing public open spaces within a walkable catchment of the park (400m - 800m) include:

Park

Location

Provision

Amstel Park

12 Winston Way, Madeley

Pyramid - Small

Double Rocker

Swing Combination: Senior & Junior

Combination Unit - Medium

Exercise Station X4

Nature Play - Medium

Nature Play - Small

Winston Park

20 Cooper Street, Madeley

Barbeque

Picnic Table

Drinking Fountain

Combination Unit - Small

Goals

Detail

PT01-12/18 specifically seeks the following:

“… that the City of Wanneroo:

a)      Considers the provision of a swing set and park bench at Carona Park, Madeley.”

The petition contains 23 signatures, all of whom reside within the City of Wanneroo.

The New Playground Installation Program (PR-2568) installs new play equipment at two passive parks each year. As part of the program an assessment is undertaken every two years to identify and prioritise which parks will receive play equipment.

This assessment was last undertaken in August 2018 and is based on a matrix ranking system that considers a number of factors including park uses, surrounding land uses, site conditions, proximity to other playgrounds and community input.

As part of PR-2568, Carona Park has been assessed and scored 17 points, which places it along with 19 other parks of the same scoring. The score indicates that Carona Park will be considered for development in 2023/24 at the earliest.

Consultation

Consultation in regards to this matter will be undertaken in line with the City’s Community Engagement Policy at the appropriate time.

Comment

The next assessment of the New Playground Installation Program is due to be carried out by Administration in 2020. Pending the outcome of this assessment, Carona Park may be developed in 2023/24.

In consideration of the requested items, it should be noted that although Carona Park currently has no infrastructure, it is located approximately 400 metres walking distance to Amstel Park and 363 metres to Winston Park, both of which provide equipment of varying forms.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “1     Society

1.1    Healthy and Active People

1.1.1  Create opportunities that encourage community wellbeing and active and healthy lifestyles

Risk Management Considerations

Risk Title

Risk Rating

ST-S23 Stakeholder Relationships

Moderate

Accountability

Action Planning Option

Executive Leadership Team

Manage

The above risk relating to the issue contained within this report has been identified and considered within the City’s Strategic risk register.  Action plans have been developed to manage this risk to support existing management systems.

Policy Implications

The City's Local Planning Policy 4.3 Public Open Spaces is used to guide the level of development within the park.

Financial Implications

The provision of play equipment at Carona Park, estimated at $10,000, is listed as part of the New Playground Installation Program PR-2568, for delivery in 2023/24 at the earliest, noting this does not include the cost of sand soft-fall and appropriate edging that are dependent on topography, and could be in the vicinity of an additional $20,000.

Voting Requirements

Simple Majority

 

Recommendation

That Council:-

1.       NOTES the petition PT01-12/18 tabled at its Ordinary Council Meeting of 11 December 2018;

2.       NOTES that the following items will be considered at Carona Park as part of PR-2568 in 2023/24 in accordance with the Local Planning Policy 4.3:

a)      One x swing frame with one senior swing and one toddler swing (3m maximum height);

b)      Two x benches/seating; and

3.       AUTHORISES the Director Community and Place to advise the petition organisers of the outcomes of this report.

 

 

Attachments:

1.

Carona Park - Location Plan

19/11127

 

  


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                      234

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                         236

CP02-02/19       North Coast Cycling Facility Master Plan Implementation Working Group - Terms of Reference

File Ref:                                              30235 – 18/548563

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       1  

Previous Items:                                   CP06-10/18 - North Coast Cycling Facility Master Plan - Ordinary Council - 16 Oct 2018 7.00pm    

Issue

To consider the draft Terms of Reference for the North Coast Cycling Facility Master Plan Implementation Working Group. 

Background

The proposed North Coast Cycling Facility Master Plan Implementation Working Group (the Working Group) is being proposed as a result of Council’s consideration of report CP06-10/18 North Coast Cycling Facility Master Plan, where Council resolved, in part, the following:

“…4.  NOTES a further report will be tabled for Council’s consideration in early 2019 in regards to the establishment of a Working Group to progress the implementation of the Master Plan and its recommendations…”

Detail

The draft Terms of Reference have been included within (Attachment 1) and have been drafted in accordance with the City’s Management Procedure for Committees and Working Groups.

The purpose of the proposed Working Group has been identified as follows:

“To provide strategic advice and guidance with regard to the implementation of the North Coast Cycling Facility Master Plan.”

The Aims and Functions of the Working Group are proposed as follows:

2.1       Provide strategic guidance in respect to the implementation of the North Coast Cycling Facility Master Plan (the Master Plan) as it relates to the provision of a criterium track at the Alkimos Regional Open Space as the first preference;

2.2       Consider the development of a Criterium Track at the existing Wanneroo Raceway precinct, within the context of the development of the Wanneroo Raceway Master Plan; and

2.3       Investigate the potential use of the existing Wanneroo Raceway as an interim option for the Northern Beaches Cycling Club.

2.4       To investigate the potential of implementing training grade opportunities to be included in the design of any new active reserve within the City’s boundary with the aim to improve and assist the growth of cycling for both recreation and sport.

Membership of the Working Group has been proposed as follows:

·          The Mayor (or nominee), all North Coast Ward Councillors and up to one Councillor from the Central and South Wards appointed by Council;


 

·          Director Community and Place or nominee (non-voting member); 

·          Manager Community Facilities (non-voting member); and

·          Up to two representatives of the Northern Beaches Cycling Club and up to two representatives to deputise when required.

Consultation

Nil

Comment

One of the key focus areas of the Working Group will be in the advocacy for the delivery of the required land for the Alkimos Regional Open Space and funding for the development of the criterium track as a part of the overall Alkimos Regional Open Space project.

Statutory Compliance

Section 5.8 of the Local Government Act 1995 states –

“A local government may establish* committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees.

*Absolute majority required.”

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “1     Society

1.1    Healthy and Active People

1.1.1  Create opportunities that encourage community wellbeing and active and healthy lifestyles

Risk Management Considerations

Risk Title

Risk Rating

ST-G09 Long Term Financial Planning

Low

Accountability

Action Planning Option

Director Corporate Strategy & Performance

Manage

 

Risk Title

Risk Rating

ST-S23 Stakeholder relationships

Moderate

Accountability

Action Planning Option

Chief Executive Officer

Manage

The above risks relating to the issue contained within this report have been identified and considered within the City’s Corporate risk register.  Action plans have been developed to manage this risk to support existing management systems.

Policy Implications

Nil

Financial Implications

The financial implications of the development of the proposed criterium track will be considered and assessed within the City’s Long Term Financial Plan.

Voting Requirements

Absolute Majority

 

Recommendation

That Council:-

1.         APPROVES by ABSOLUTE MAJORITY the formation of the North Coast Cycling Facility Master Plan Implementation Working Group;

2.         APPOINTS the following Councillors to the  North Coast Cycling Facility Master Plan Implementation Working Group, in addition to the Mayor and all North Coast Ward Councillors:

a)      Cr ______________ (South Ward);

b)      Cr ______________ (Central Ward); and

3.         APPROVES the North Coast Cycling Facility Master Plan Implementation Working Group Terms of Reference as detailed within Attachment 1 of this report.

 

 

 

Attachments:

1.

North Coast Cycling Facility Master Plan Implementation Working Group - Terms of Reference

18/548558

 

 

 

 

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                      239

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CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                         241

CP03-02/19       Floodlighting Fitting Replacements - Wanneroo Showgrounds and Anthony Waring Reserve

File Ref:                                              1753 – 19/11615

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       2  

Previous Items:                                   CP05-09/18 - Anthony Waring Floodlighting Upgrade - Ordinary Council - 18 Sep 2018 7.00pm      

Issue

To consider a request for additional funding to undertake floodlighting fitting replacements at the Wanneroo Showgrounds and Anthony Waring Reserve.

Background

Wanneroo Showgrounds

The Wanneroo Showgrounds is situated on Crown Land, Lot 501, 21K Ariti Avenue, Wanneroo, Reserve 12990 (Attachment 1) with the purpose of the Reserve being for Recreation.

The Wanneroo Showgrounds is frequently used by seasonal sporting clubs and for one off events annually, as outlined below:

Club

Use

Wanneroo Amateur Football Club

AFL Senior Football

Wanneroo Junior Football Club

AFL Junior Football

Wanneroo Cricket Club

Junior & Senior Cricket

City of Wanneroo

Concerts

Wanneroo Agricultural Society

Wanneroo Show

Casual Hirers

Tennis Courts

Vietnamese Community in Australia WA Inc

TET Festival

Anthony Waring Reserve

Anthony Waring Reserve (the Reserve) is located at 40 Waring Green, Clarkson and includes a single active reserve with 50 lux floodlighting, sports amenities building, carpark, two playgrounds, BMX track and passive park furniture (Attachment 2).

The Reserve is used predominately by the Quinns District Junior Football Club (QDJFC) and the Quinns Rocks Cricket Club. The weekly use of the Reserve by the QDJFC during the 2018 winter season is as follows, with the Club accommodating 800 children between the ages of 5 and 17 years. The Club has 20 Auskick teams and 25 Junior and Youth teams:

Day

Booking Times

Monday

4.00-7.30pm

Tuesday

4.00-7.30pm

Wednesday

4.00-7.30pm

Thursday

4.00-7.30pm

Friday

4.00-7.30pm

Saturday

7.00am-3.00pm

Sunday

7.30am-6.00pm

The Club also use Addison Park, Ridgewood Reserve, Richard Aldersea Park and Belhaven Reserve to accommodate their season fixtures.

At its meeting held on 18 September 2018, Council considered report CP05 – 09/18 Anthony Waring Floodlighting Upgrade and resolved the following:

1.       NOTES the Quinns District Junior Football Club’s proposal to upgrade the existing floodlighting at Anthony Waring Reserve from Australian Standard 2560 large ball sports training (50 lux) to Australian Standard 2560 large ball sports matches (100 lux) at no cost to the City; and

2.       APPROVES BY ABSOLUTE MAJORITY the following budget amendment, pursuant to Section 6.8(1)(b) of the Local Government Act 1995 to address the Upgrade of Floodlighting at Anthony Waring Reserve, noting that a new Project Number will be created upon Council endorsement:

Project Number

From

To

Description

N/A

$45,000

 

Quinns Districts Junior Football Club Contribution

PR- TBA

 

$45,000

Upgrade of Floodlighting at Anthony Waring Reserve

In 2018, the Western Australian Football Commission (WAFC) advised that with the introduction of the Women’s Australian Football League, these games will be played on Friday evenings under lights.  As a consequence of this, the lighting at both the Wanneroo Showgrounds and Anthony Waring Reserve needs to be upgraded. 

Detail

Wanneroo Showgrounds

As a result of the advice from the WAFC and concerns raised by the Wanneroo Amateur Football Club regarding the floodlighting, Administration undertook an illumination test on the existing floodlighting installation in September 2018. The testing found that the floodlighting is non-compliant with the recommended 50 and 100 lux levels required by Australian Standard 2560 Large Ball Sports Training and Matches.

Consequently, Administration undertook further investigations to determine the root cause of the non-compliant lux levels. An inspection of the floodlighting installation found that the cause of the non-compliant lux levels was due to the failure of the individual lamps and fittings. The resulting recommendation was to replace all of the existing lamps and fittings with an alternative metal halide lamp and associated fitting. In this instance the use of light-emitting diode (LED) floodlighting was not considered as it would require a redesign of the entire installation, which would increase cost and considerably extend the timeframe to complete the project.

The existing installation has a total of 20 lamps, comprising of five lamps per each of the four floodlighting towers. Twelve lamps provide necessary lighting for 50 lux training level lighting; the remaining 8 lamps provide additional lighting for 100 lux competition level lighting. The cost for the additional eight lamps was considered by Council in March 2005 (CD06-03/05), with regards to the full cost of the competition upgrade being met by the Club. 

The estimated total cost of the fitting replacement is $91,053, which is inclusive of purchase of the lamps, installation and project costs.

The timeframe for the proposed project is as follows:

Project Phase

Timeframe

Procurement

February 2019

Installation

February – March 2019

Practical Completion

End March 2019

The 2019 winter season commences 13 April 2019, therefore this should see the floodlighting completed two weeks prior to the onset of the winter season.

Anthony Waring Reserve

As noted above, Council considered report CP05 – 09/18 Anthony Waring Floodlighting Upgrade at its meeting held on 18 September 2018. This upgrade has been initiated by the QDJFC to enable them to accommodate the Friday night Women’s Australian Football League games at Anthony Waring.

The timeframe for the Anthony Waring Floodlighting project, outlined in the previous report was as follows:

Project Phase

Timeframe

Concept Design – Approved by Council

September 2018

Design and construction procurement

October - December 2018

Finalise Design

December 2018

Community Engagement

December 2018

Finalise Funding Agreement

December 2018

Construction and Practical Completion

January 2019 - March 2019

Defects Liability Period

March 2019 – March 2020

Project Closure

April 2020

 

As a part of the planning and design phase of the project it has been found that there is also an issue of non-compliance of the existing 12 lamps and fittings in respect to meeting the recommended 50 lux levels required by Australian Standard 2560 Large Ball Sports Training and Matches.

 

An inspection of the floodlighting installation found that the cause of the non-compliant lux levels was due to the failure of the individual lamps and fittings. The resulting recommendation has been to replace all of the existing lamps and fittings with an alternative metal halide lamp and associated fitting. In this instance the use of LED floodlighting was not considered as it would require a redesign of the entire installation, which would increase cost and considerably extend the timeframe to complete the project.

 

The existing installation has a total of 12 lamps, comprising of three lamps per each of the four floodlighting towers. This provides for 50 lux training level lighting. 

 

The estimated total cost of the lamp and fitting replacement and competition lighting upgrade, is $101,098, which is inclusive of purchase of the lamps, installation and project costs. Installation also includes works to the main switchboard and additional electrical works in the base of each tower. This will provide Anthony Waring Park with 20 lamps in total, similar to the provision at the Wanneroo Showgrounds, which will allow for competition level lighting for large ball sports up to 100 lux.

 

Taking the replacement of the existing lamps and fittings into consideration, the revised project schedule for the floodlighting upgrade project (to achieve 100 lux level lighting) is as follows:

 

Project Phase

Timeframe

Procurement

February 2019

Installation

February – March 2019

Practical Completion

End March 2019

 

The 2019 winter season commences 13 April 2019, therefore this should see the floodlighting completed two weeks prior to the onset of the winter season.

Consultation

Administration will liaise with the main users in respect to the lamp and fitting replacements at both reserves.

In respect to the Anthony Waring Reserve Floodlighting Upgrade, consultation will be undertaken in line with the City’s Community Engagement Policy. As Anthony Waring is an active reserve with existing floodlighting, the level of engagement will include consult with user groups and inform local residents within a 400m radius.

Wider community consultation is not required for Wanneroo Showgrounds Floodlighting as there is no change to the lighting lux level.  These works are to replace the existing lamps and fittings with compliant competition level lighting.

Comment

Nil

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “1     Society

1.1    Healthy and Active People

1.1.1  Create opportunities that encourage community wellbeing and active and healthy lifestyles

Risk Management Considerations

Risk Title

Risk Rating

ST-S23 Stakeholder relationships

Moderate

Accountability

Action Planning Option

Chief Executive Officer

Manage

 

Risk Title

Risk Rating

CO-O17 Financial Management

Moderate

Accountability

Action Planning Option

Director Corporate Strategy & Performance

Manage

 

Risk Title

Risk Rating

CO-O15  Project Management

Low

Accountability

Action Planning Option

Director Corporate Strategy and Performance

Manage

The above risks relating to the issues contained within this report have been identified and considered within the City’s Strategic and Corporate risk registers. Action plans have been developed to manage this risk to improve the existing management system.

Policy Implications

The Local Planning Policy 4.12 – Heritage Places has been considered throughout the planning of this project, as the Wanneroo Showgrounds is listed on the Local Heritage Survey (Part 3) as Place number 52. The Statement of Significance is as follows:

·          The place has historic value for its association with the early settlement of Wanneroo as an agricultural district.

·          The place has social value for the many members of the community who have regularly gathered at this site for social and sporting events since the early 20th century.

·          The place has value as a landmark in the community for its continuity of function since 1909.

Financial Implications

The estimated cost for the replacement of the existing floodlighting fittings at the Wanneroo Showgrounds and Anthony Waring Reserve is $91,053 and $101,098 respectively, inclusive of purchase of the lamps, installation and project costs.

The lighting at Wanneroo Showgrounds is intended to be at competition level however is not performing at this level.  There is no existing budget for the floodlighting fitting replacement and $91,053 is required to rectify these issues.

It should be noted that PR-4176 – Anthony Waring Reserve Floodlighting has an existing budget of up to $45,000 as a club contribution to provide competition lighting, however due to rectification works to be conducted by the City, the potential contribution by the Club may be reduced.

The project will require an additional $71,947 to rectify issues with the existing training level lighting at Anthony Waring Reserve.

This report will recommend that the required funding be sought from budget savings from the following existing projects:

PR

Project Description

Budget Saving

Purpose

PR – 4101

Edgar Griffiths Park – Oval Extension and Sports Floodlighting:

$88,000

Funds saved due to competitive tender received during project construction phase

PR – 1121

Quinns Mindarie Surf Club, New Community Centre and Car Parking

$75,000

Funds unspent due to competitive tender and cost saving on remedial works

Voting Requirements

Absolute Majority

 

Recommendation

That Council:-

1.         NOTES the requirement to undertake floodlighting fitting replacements at the  Wanneroo Showgrounds and Anthony Waring Reserve to meet the requirements of Australian Standard 2560 Large Ball Sports Training and Matches;

2.         NOTES the estimated cost for the replacement of the existing floodlighting fittings and lamps at the Wanneroo Showgrounds and Anthony Waring Reserve is $91,053.00 and $101,098.00 respectively, inclusive of purchase of the lamps, installation and project costs;

3.         NOTES that there is an existing budget of up to $45,000, club contribution for PR-4176 Anthony Waring Reserve Floodlighting; and

4.         APPROVES BY ABSOLUTE MAJORITY the following budget amendment, pursuant to Section 6.8(1)(b) of the Local Government Act 1995 to address the floodlighting fitting and lamp replacements at the  Wanneroo Showgrounds and Anthony Waring Reserve to meet the requirements of Australian Standard 2560 Large Ball Sports Training and Matches, noting that a new Project Number for the Wanneroo Showgrounds will be created upon Council endorsement:

Project Number

From

To

Description

PR-4101

$88,000

 

Edgar Griffiths Park - Oval Extension and Sports Floodlighting

PR-1121

$75,000

 

Quinns Mindarie Surf Club, New Community Centre and Car Parking

PR - 4176

 

$71,947

Anthony Waring Reserve Floodlighting

PR-TBA

 

$91,053

Wanneroo Showgrounds Floodlighting Lamp Replacement

5.                     

 

Attachments:

1.

Wanneroo Showgrounds - Location Plan

19/18025

 

2.

Anthony Waring Reserve - Site Plan

19/17896

 

 

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                      246

PDF Creator


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                                      247

PDF Creator

 


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                         249

 

Community Safety & Emergency Management Report

CP04-02/19       Provision of Change Rooms for Wanneroo Central Volunteer Bushfire Brigade

File Ref:                                              8110 – 19/14950

Responsible Officer:                           Director Community and Place

Disclosure of Interest:                         Nil

Attachments:                                       Nil       

Issue

To consider the provision of change room facilities for the Wanneroo Central Volunteer Bushfire Brigade (WCBFB) at the Ashby Operations Centre.

Background

The Wanneroo Central Bushfire Brigade is part of the City of Wanneroo’s volunteer bushfire service and is one of four brigades within the City. Wanneroo Central is the largest brigade with 71 volunteer members.

The Wanneroo Central Bushfire Brigade operates out of Building 1, Ashby Operations Centre. Internally the station has three offices, a communication room, communal space and an operations/ briefing room. The ablutions available to the brigade are shared with Waste Services, and consist of a male and female toilet block and a unisex disabled toilet and shower. Externally there are multiple parking bays directly outside the station. Within a closed fenced area there are semi-undercover parking bays for service vehicles, and a sea container, fitted with sinks and a washing machine, is provided as a Personal Protection Equipment (PPE) wash-down facility.

The current facilities are presenting issues due to the limited and shared ablutions, combined with the size of the brigade. The ablutions adequately provide for the needs of Waste Services, however do not suit the requirements of an active Bush Fire Brigade. There is a lack of male and female change rooms and showering facilities, with personnel changing in public view and not washing down properly. This potentially contaminates vehicles and other areas when leaving the station following an incident or event, and presents health and safety risks.

The brigade’s leadership have raised concerns with the suitability of the current fire station facilities, and their ability to meet future emergency service requirements from this location. A feasibility study is being undertaken to look at the medium to long term needs of the City in relation to firefighting facilities, however it is acknowledged the lack of change rooms and ablutions require a more urgent solution.

Detail

The Department of Fire and Emergency Services (DFES) provides a number of standard design options, or footprints, for volunteer and career emergency services facilities. In order to determine the number of showers, toilets and changing facilities that would be suitable for the WCBFB, the footprints for a ‘Standard Volunteer Fire Station’ and ‘Bush Fire Brigade 6 Appliance Bay’ have been considered.

Based on these guides, it is recommended that a facility with 2x male toilets and showers with change room area, and 2x female toilets and showers with change room area be provided for the WCBFB. The existing ablutions provide for a disabled access unisex toilet and shower.

A number of options are available to improve and/or enhance the ablutions available to the brigade in the existing location. Additionally, the option to continue using the existing ablutions is considered.

Option 1 – Do Nothing

To do nothing would mean continued use of the existing, shared ablutions. These consist of:

·          Male toilet block – two cubicles, a trough, and two hand basins with mirrors;

·          Female toilet block – three cubicles and three hand basins with mirrors; and

·          Unisex disabled toilet and shower, with hand basin and mirror.

The ablutions available to the brigade do not meet their needs, as they do not provide for sufficient male and female showers and change room areas. This is not the preferred option as it does not mitigate the current practice of changing in unsuitable locations, nor does it address the health and safety risks associated with brigade members not being able to shower after an incident. The only benefit would be financial, where no additional costs would be incurred to maintain the status quo.

Option 2 – Purchase Transportable Facility

The purchase of a transportable ablution facility providing 2x male toilets and showers with change room area, and 2x female toilets and showers with change room area is the preferred option for the WCBFB. This option will address the immediate health and safety concerns identified, by providing a suitable change room area and adequate showering facilities for the brigade before and after attending an incident.

The proposed location for the facility is the lawn area in front of the existing fire station, at Building 1 Ashby Operations Centre. This location is suitable and available. It will require development approval and minimal site works to connect plumbing and electrical services.

The purchase of a custom built ablution facility has been estimated at a cost of $55,750 plus $350 delivery (ex GST). DFES has advised that the purchase of a transportable facility for the WCBFB is eligible for Local Government Grant Scheme (LGGS) funding, and the City is eligible to apply. The funding, however, is not guaranteed and requires approval from the DFES Capital Grants Committee.

This is the preferred option as it has a relatively short turnaround time, where a supplier requires approximately 5-6 weeks for design and fabrication of a facility. The City has an opportunity to purchase a facility with municipal funds and potentially be reimbursed using LGGS funding.  The Capital Grants Committee will consider and advise on applications for LGGS funding in June/July 2019.

Implementation of this option will ensure the City is addressing the concerns for the current bushfire season.

There will be additional costs to the City in provision of this option, not covered by the LGGS. These costs include installation, set-up and utility connections, estimated at a one-time cost of $6,000. As well as the ongoing cost for cleaning the facility, estimated at $4,160 annually.

Option 3 – Hire Transportable Facility

The hire of a transportable ablution facility is not the preferred option as rental arrangements are ineligible for LGGS funding and the full cost of this option would be incurred by the City.

Hiring a facility will provide the same benefits as purchasing a facility, and can be placed in the same location. The hire is quoted at a cost of $1,711.67 per month (ex GST), with a minimum hire period of 36 months.

This option is not as cost effective as a purchase, as at the conclusion of the minimum hire period the total cost will exceed the cost of purchasing the same facility.

Option 4 – Retrofit Existing Ablutions

Carrying out modifications on the existing ablutions to include male and female showers and change rooms has not been explored in great detail. This is not considered a timely or cost effective solution and furthermore, it is not an accepted or approved practice for the LGGS to provide funding to modify existing facilities.  This option is therefore not preferred.

The refurbishment of the existing facility will be considered as an option in the feasibility study into the longer term needs of the City.

Consultation

DFES has been consulted as outlined in the body of this report.  The Chief Bushfire Control Officer has been consulted and the Wanneroo Central Bushfire Brigade has been consulted through the Chief Bush Fire Control Officer.

Comment

It is recommended that the City provide the WCBFB with a transportable ablution block with suitable showers, toilets and change room facilities as soon as practicable. This will ensure the brigade is provided with adequate facilities and is not subject to health and safety risks while carrying out their volunteer duties.

The recommended option is to purchase a transportable facility, for installation by March 2019, at a cost of $62,100.  The City will apply for LGGS funding in March 2019 to finance the purchase of the transportable facility.

Statutory Compliance

This proposal will require approvals under both the Building Act 2011 and the Planning and Development Act 2005

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2017 – 2027:

 “1     Society

1.2    Safe Communities

1.2.1  Enable community to be prepared and to recover from emergency situations

Risk Management Considerations

Risk Title

Risk Rating

CO-007 Purchasing

Moderate

Accountability

Action Planning Option

Director Community & Place

Manage

The above risk relating to the issue contained within this report has been identified and considered within the City’s Corporate Risk Register.  Action plans have been developed to manage this risk to support existing management systems.

Policy Implications

There are no policy implications for this project.

Financial Implications

This project is unfunded in the 2018/19 budget and is not included in the City’s Long Term Financial Plan.

To fund the project, it is recommended to remove an allocation of $60,000 from operating GL 717151.9399.227 (savings identified in consulting fees for the Office of the Chief Executive Officer) and allocate $62,100 to the purchase and installation of the transportable change rooms. The savings in the operational budget will cover the majority of cost of the project.

Ongoing cleaning costs estimated at $4,160 annually will be covered by existing budget.

The ESL funds Western Australia’s Fire and Emergency Services, and provides funding to Local Governments through the LGGS in the form of capital or operating grants. City of Wanneroo ratepayers currently contribute $24.9M to the State Government for ESL funding.

The City will make application under the LGGS to cover the cost of the purchase of the change room facility.  It is anticipated the outcome of this application will be known in June/July 2019 and if successful, the grant funds will be available in the 2019/20 financial year.

Voting Requirements

Absolute Majority

 

Recommendation

That Council:-

1.         ENDORSES the purchase of change room facilities for the Wanneroo Central Volunteer Bushfire Brigade for location at the Ashby Operations Centre; and

2.         APPROVES BY ABSOLUTE MAJORITY the following budget amendment, pursuant to Section 6.8(1)(b) of the Local Government Act 1995 to purchase change room facilities for the Wanneroo Central Volunteer Bushfire Brigade, noting that a new Project Number will be created upon Council endorsement: 

Project Number

From

To

Description

N/A

$60,000

 

Consulting fees GL 717151.9399.227

PR- TBA

 

$62,100

Purchase and installation of transportable change rooms for Wanneroo Central Volunteer Fire Brigade

       

Attachments: Nil   


CITY OF WANNEROO Agenda OF Ordinary Council Meeting 05 February, 2019                                         253

 

Corporate Strategy & Performance

Business & Finance

CS01-02/19       Financial Activity Statement for the Period Ended 30 November 2018

File Ref:                                              30723V06 – 18/521360

Responsible Officer:                           Director Corporate Strategy & Performance

Disclosure of Interest:                         Nil

Attachments:                                       6         

Issue

To consider the Financial Activity Statement for the period ended 30 November 2018.

Background

In accordance with Local Government Regulations, the Financial Activity Statement has been prepared in compliance with the following:

1.       “Regulation 34(1) of the Local Government (Financial Management) Regulations 1996, which requires a local government to prepare a statement of financial activity each month, presented according to nature and type, by program, or by business unit. For the 2018/19 financial year the statement of financial activity will be presented by nature and type.

2.       Regulation 34(5) of the Local Government (Financial Management) Regulations 1996, which requires a local government to adopt a percentage or value, calculated in accordance with Australian Accounting Standards, to be used in statements of financial activity for reporting material variances. For the 2018/19 financial year 10% and a value greater than $100,000 will be used for the reporting of variances.”

Detail

Summary

OVERALL SUMMARY OF CURRENT MONTH FINANCIAL FIGURES

Result from Operations


 

Capital Program

OVERALL COMMENTS ON YEAR-TO-DATE (YTD) FIGURES

Result from Operations

Capital Program Progress

Investment Portfolio Performance

DETAILED ANALYSIS OF STATEMENT OF COMPREHENSIVE INCOME (ATTACHMENT 1)

Comments relating to the Statement of Comprehensive Income are provided under the following two sections:

a)         Current month comparison of Actuals to Budgets, and

b)         Period to date and end of year comparison of Actuals to Budgets.

Total Comprehensive Income

Revenues

Note 1        The unfavourable variance is mainly due to interim Rates of $189k budgeted for November 2018 which were received in October 2018.

Note 2        The favourable variance relates to late receipt of $149k Department of Fire and Emergency Services Grant (DFES) which was budgeted in October 2018 and Financial Assistance Grant for second quarter was $95k higher than budgeted amount of $804k for the month.

Note 3        The unfavourable result is mainly due to user & entry fees ($81k) and Waste service fee ($73k) lower than expected for the month of November 2018.

Note 4        The unfavourable variance relates to interest on late payment of Rates ($130k) for the month of November 2018 did not eventuate due to $308k of interest recognised in month of October 2018. However this unfavourable variance for November 2018 is partially offset by favourable Interest Earnings, ($70k) from Reserve and Municipal funds against the Budget for the month.

 

 

Expenses

Note 5        Annual Leave and Long Service Leave movements in November 2018 resulted in a favourable variance ($212k) as staff started taking leave.

Note 6        The unfavourable variance ($700k) is mainly a result of increased requirements for maintenance works at City parks and more park materials used than budgeted for the month of November 2018.  With favourable weather conditions, the increased requirements were across street landscaping and mulching in preparation for the warmer weather.

 

 

 

 

 

Note 7        November 2018 resulted in a favourable variance through reductions across the Utility charges.  Electricity usage was favourable ($50k) due to more daylight during the month especially for street lightings in addition to reductions in Gas consumption ($10k) due to renovations of swimming pools at Aquamotion. Further reductions in telephone expenses ($5k) were experienced due to various initiatives relating to the digital phone system and mobile phones. However, there was an increase in Water consumption of $35k for the month of November 2018 more than anticipated.

Note 8        Interest expenses comprise the WA Treasury Corporation loan drawn in 2006/07 and the Commonwealth Bank loan drawn in 2016/17.

 

 

Note 9        The favourable result reflects improved claims.

Other Revenue & Expenses

Note 10      Non-Operating Grants, Subsidies & Contributions

Month - (Actual $338k, Revised Budget $601k)

The unfavourable variance relates to delay in the receipt of State Grants $186k that was expected in November 2018 relating to various capital projects and receipt of grants for Pipidinny Road and Sovrano Avenue works which was $63.5k lower than anticipated.

Year to Date – (Actual $3.9m, Revised Budget $5.6m)

The unfavourable variance relates to Mirrabooka Avenue Dual Carriageway Construction (PR-4046) & Rehabilitation of Mirrabooka Avenue - Girrawheen Beach Road to Marangaroo Drive (PR-2796) Grants.  These projects are nearing completion and the remaining $670k budgeted costs are no longer required and hence will not be claimed from the State Government.  This variance will be adjusted at Mid-Year Review (MYR). Further, State Government Grant of $537k budgeted for Alexander Heights Day Clubs (PR-4024) this year was received two years ago. This will also be adjusted at MYR.

 Note 11     Contributed Physical Assets

                   Month – (Actual $5.4m, Revised Budget $0.0m)

Majority of Asset contributions from Developers from July 2018 to November 2018 were recorded in November 2018. There was a lag of recording these assets in the City’s financial system as Financial Year 2018/19 was only opened in November 2018 after the statutory audit was completed. Actual recognition is recorded on an ad hoc basis (As and when assets are handed over to the City).

Year to Date – (Actual $5.4m, Revised Budget $10.0m)

The unfavourable variance relates to the recognition of contributed assets as the Budget was allocated quarterly and actual recognition is recorded on an ad hoc basis (As and when assets are handed over to the City).

 Note 12     Profit / Loss on Asset Disposals

Month - (Actual -$148k, Revised Budget $97k)

The unfavourable variance in November 2018 is due to reversal of an over accrual of profits in October 2018 on Tamala Park Regional Council (TPRC) Land sales.

Year to Date – (Actual $262k, Revised Budget $486k)

Overall Asset disposal activities to November 2018 are $208k lower than anticipated.

Note 13      Town Planning Scheme (TPS) Revenues

Month - (Actual $3.9m, Revised Budget $830k)

The favourable result is due to $1.8m TPS - East Wanneroo - Cell 5 contribution received in November 2018 that was not included in the 2018/19 Budget.

Year to Date – (Actual $6.4m, Revised Budget $3.8m)

The favourable result is due to $2.4m TPS - East Wanneroo - Cell 5 contribution received to November 2018 as explained above.

Note 14      Town Planning Scheme (TPS) Expenses

Month - (Actual $1.2m, Revised Budget $78k)

The unfavourable variance is due to the purchase of land related to Lot 336 Gnangara - Road Realignment. This acquisition was due to take place in 2017/18 and due to the delay it was not included in 2018/19 Budget.

Year to Date – (Actual $2.0m, Revised Budget $3.4m)

As a result of the delay in Acquisition of Public Open Space (POS) Lot 13 Kingsway relating to Cell 8, year to date actual expenses are lower than budgeted. 

STATEMENT OF FINANCIAL POSITION (Attachment 2)

Note 1 - Net Current Assets

When compared to the opening position Net Current Assets have increased by $110.2m which is predominately the impact of Rates and Waste Service Fees having been levied in July 2018.

Within the Current Assets, the Current Receivables of $66.1m are mainly comprised of collectable Rates and Waste Service Fees debtors of $60.2m. The majority of the remaining balance in Current Receivables relates to Emergency Services Levy outstanding debtors of $2.3m.

Note 2 - Non-Current Assets

Non-Current Assets in November 2018 have increased by $6.4m from June 2018 Actuals. The movement is the recognition of $17.5m in capital related works in progress being partially offset by a decrease of $11.3m accumulated depreciation.

Within the Non-Current Assets, Receivables largely relate to Deferred Pensioner Rebates of $3.0m being funds that cannot be collected until the Pensioner ceases to reside at the Rateable property.

Note 3 - Non-Current Liabilities

Non-Current Liabilities at November 2018 have increased by $58k attributed to changes in provision balances relating to long service leave. The existing loan with the Western Australia Treasury Corporation remains unchanged and when combined with the new loan makes up 98% of total Non-Current Liabilities.

FINANCIAL PERFORMANCE INDICATORS

The table below presents data on relevant financial ratios, comparing the minimum standard expected as per the Department of Local Government, Sport & Cultural Industries status at the beginning of the financial year, and year to date figures (where relevant). 

A green highlight is used where the minimum standard is met or exceeded. Highlighted in red are below the standard for financial year ended 30 June 2018.

 

Note 1 - Current Ratio

The Standard was not met primarily as a result of the internal restrictions of municipal funds. Most of the municipal funds are kept in special purpose cash backed Reserves.

Note 2 - Asset Sustainability Ratio

The Department of Local Government, Sport and Cultural Industries Asset Management Framework and Guidelines publication provides the following explanation in respect to the Asset Sustainability Ratio (ASR):

"If capital expenditure on renewing or replacing assets is at least equal to depreciation on average over time, then the local government is ensuring the value of its existing stock of physical assets is maintained. If capital expenditure on existing assets is less than depreciation then, unless a local government’s overall asset stock is relatively new, it is likely that it is underspending on renewal or replacement."

A large percentage of the City's assets are in new to very good condition with approximately 85% of the total asset base at or below condition 2 (a rating of ‘0’ represents a new asset and a ‘10’ represents an asset that has failed). Less than 1% of the asset base is at or above condition 8, which represents assets that require intervention.

With the City's current mix of old and new assets and continued high growth, a lower than average ASR is expected, and the current condition of assets and level of renewal expenditure confirms this position. As the stock ages and renewal expenditure incrementally increases the ratio should increase, however continued growth may keep it relatively lower than the industry standard.