key issues · 2016. 5. 11. · 3.4 adoption of the dayton local structure plan 2b (sp17-21) - 30...
TRANSCRIPT
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Ordinary Meeting of Council
04 July 2012
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3.4 ADOPTION OF THE DAYTON LOCAL STRUCTURE PLAN 2B (SP17-21) - 30
VARIOUS LOTS IN DAYTON
Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)
Disclosure of Interest: Nil.
Authorised Officer: (Executive Manager Planning and Development)
KEY ISSUES
• The purpose of this Report is to consider Council's 23 May 2012 resolution on the Dayton Local Structure Plan 2B (LSP2B) following consultation with:
o Department of Indigenous Affairs (DIA) on its acceptance of the appended Cultural Heritage Plan, and;
o Coast Road landowners regarding the proposed modification to LSP2B to temporarily use Coast Road as an interim route for urban traffic until
Henley Brook Avenue and Marshall Road are constructed.
• DIA advised that if all parties operating in the Structure Plan area implement the Management Commitments in 6.3 of the Cultural Heritage Plan they should
meet all obligations under the Aboriginal Heritage Act.
• Another 4 submissions were received from affected landowners, with 1 objecting to the temporary use of Coast Road, citing that it will create unsafe
traffic conditions and the noise will affect their amenity.
• Concerns with the temporary traffic conditions on Coast Road need to be balanced against the opposition to the alternative proposal to acquire and
construct Marshall Road through to West Swan Road. With upgrades City staff
are satisfied that Coast Road provide a sound and safe interim access solution
should Marshall Road and Henley Brook Avenue be unavailable at the 1,200 lot
development trigger.
• The proponent requested a modification to the Structure Plan Map to keep the existing Cranleigh Street reservation between Arthur Street and Sam Rosa
Place as a road reserve and use it for drainage. Officers support this minor
change since it offers an expeditious solution for a subdivider to propose
drainage at/close to source on accessible land.
It is recommended that the Council delegate to the Principal Planner authority to grant
final approval to the Dayton Local Structure Plan 2B document, subject to the issues
and modifications listed in the recommendations being satisfactorily addressed and
forward LSP1 to the WAPC for endorsement
AUTHORITY/DISCRETION
The area subject of the proposal is zoned "Special Use" under Local Planning Scheme
No.17 (LPS17) and Clause 5A.1.4.1 requires the approval of a Local Structure Plan prior
to subdivision or development in that zone.
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3.4 Adoption Of The Dayton Local Structure Plan 2B (SP17-21) - 30 Various
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Council's consideration is required since at its 23 May 2012 meeting, Council did not
delegate to the Principal Planner the right to approve the Dayton Local Structure Plan 2B
if an objection was received from a consulted landowner. One objection was received so
Council's resolution is required for the approval of this structure plan.
BACKGROUND
Applicant: Burgess Design Group
Owner: 9 lots are owned by St Leonards Estate Pty Ltd
formerly West Swan Estate Pty Ltd (Directors Paul
Basso-Brusa, Terence Budge, Robert Stewart, Robert
Ryan, Gavin Hawkins, Reginald Gillard) and Agram
Properties formerly Sagecorp Properties Pty Ltd
(Directors Reginald Gillard, Gavin Hawkins, Diniz
Cardoso), which are part of the Aspen Limited group of
companies (Directors Seng Fai Chan, Terence Budge,
Gavin Hawkins, Reginald Gillard, Frank Zipfinger).
The balance of the site (approx. half the LSP2B area) is
owned by various individual landowners. The City of
Swan owns land on parts of Diagram 47414 and Plan
2235, which is an existing drain north of Marshall
Road.
Zoning: LPS 17 - Special Use Zone 11 - West Swan
MRS - Urban
(Note that remnant portions of Lot 26 on P18486, Lot
127 on P18486, Lot 28 on P18486 and Lot 29 on
P18486 that are east of the Dampier to Bunbury
pipeline easement are zoned LPS17 'General Rural' and
MRS 'Rural')
Strategy/Policy: Swan Urban Growth Corridor Sub-Regional Structure
Plan (WAPC)
Swan District Water Management Plan (DoW)
State Planning Policy 3.6 Development Contributions
for Infrastructure (WAPC)
City of Swan POL-TP-138 Infrastructure Strategy for
Development Contributions
Development Scheme: Development Contribution Plan for DCA 2 - Dayton
West Swan East District Structure Plan (ODP-159)
Existing Land Use: Predominately Rural Residential Living with approx.
4.5ha cleared and filled for subdivision works approved
under early release.
Lot Area: 53.76 ha
Use Class: Proposed Residential (R5, R20, R30 & R40), 2 Public
Open Space / Drainage Reserves, Public Purpose -
Primary School and Public Utility reserve.
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3.4 Adoption Of The Dayton Local Structure Plan 2B (SP17-21) - 30 Various
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DETAILS OF THE PROPOSAL
The proposal relates to the development of a 53.76 hectare area of Dayton, east of
Arthur St and north of Western Power's 330KV power-line easement and proposes:
• Approximately 485 residential lots at densities ranging from R5 to R40;
• Two (2) areas of public open space (one of these areas incorporates an existing 'Resource Enhancement' category wetland);
• A 5.6ha primary school site;
• An integrated transport and servicing network, and;
• The landscaping and vesting of the 330KV powerline easement south of the Marshall Road reservation, to facilitate an east-west pedestrian and cyclist link to
the broader region.
LSP2B is consistent with the approved West Swan East District Structure Plan.
The applicant has submitted the following documents in support of the proposal:
• Engineering Servicing Report (Appendix 1 of the Application report).
• Traffic Impact Assessment Report (Appendix 2 of the Application report).
• Landscape Management Plan (Appendix 3 of the Application report).
• Cultural Heritage Management Plan (Appendix 4 of the Application report).
• Wetland Management Plan (Appendix 5 of the Application report).
• Addendum to the West Swan East Local Water Management Strategy (Appendix 6 of the Application report).
• Engineering Concept Plans for Marshall Road (Appendix 7 of the Application report).
DESCRIPTION OF SITE
The proposed Dayton Local Structure Plan 2B area comprises some 29 existing
landholdings amounting to 53.76 hectares of land, north of Coast Road, east of Arthur
Street, predominantly south of Cranleigh Street and extending easterly to the end of
Sam Rosa Place, in Dayton. The landholdings comprise mostly existing and former semi-
rural lots developed on a palusplain that has been predominantly cleared for such
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3.4 Adoption Of The Dayton Local Structure Plan 2B (SP17-21) - 30 Various
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purposes. The Structure Plan area contains a resource enhancement wetland in its south
western corner, Western Powers 330kV powerlines traverse the lower part of the area
(east-west axis) with the Dampier to Bunbury Natural Gas Pipeline and the Parmelia Gas
Pipeline running along a north-south axis at its easternmost extremity
SITE HISTORY/PREVIOUS APPROVALS
19 October 2009: The WAPC approved the applicant's early release subdivision (WAPC
Application No.141761) of portions of Lot 4 Cranleigh Street, Lots 21-23 Sam Rosa
Place, Lots 24-25 Coast Road and the City's drain on parts of Diagram 47414 and Plan
2235. This subdivision involves 44 single residential lots and 3,130sqm of approx. 5.1ha
of the wetland public open space within the LSP2B area.
This decision means that approximately 6 hectares of the local structure planning area
has already been approved for development. LSP2B is consistent with the approved early
release subdivision and has been submitted to allow the remaining area to be
subdivided.
OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL
7 April 2010: Council endorsed the West Swan East District Structure Plan, which was
subsequently endorsed by the WAPC on the 7th April 2012. The proposed Local Structure
Plan is considered to be consistent with the Council adopted District Structure Plan.
25 May 2011: Council adopted the Dayton Development Contribution Plan (DCP) and its
related Scheme Amendment (No.58), subject to modifications. These were completed in
the June 2011 amended documentation and forwarded to the WAPC with a request that
the Hon. Minister for Planning grant final approval. Department of Planning officers
cannot provide a definitive response as to when Amendment No.58 would be gazetted.
7 September 2011: Council resolved to advertise the draft Dayton Structure Plan 2B for
a period of 42 days subject to modifications. The modifications were completed to the
satisfaction of the CEO in a submission received on the 7th December 2011 and
advertising commenced on the 11th of January 2012.
23 May 2012: Council resolved to:
1) To readvertise for a period of 14 days the November 2011 Dayton Local
Structure Plan 2B (and all seven appendices) stamp dated received 7
December 2011, to landowners along Coast Road between Arthur Street and
West Swan Road in order to ascertain their comment on the proposed
utilisation of this road as the Council's preferred interim access arrangement
pending the construction of Henley Brook Avenue between Marshall Road and
Reid Highway.
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3.4 Adoption Of The Dayton Local Structure Plan 2B (SP17-21) - 30 Various
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2) To refer the Cultural Heritage Plan contained within the Structure Plan report
documentation to the Department of Indigenous Affairs (DIA) for advice and
comment in accordance with Local Planning Scheme 17 requirements.
3) Delegate to the Principal Planner authority to grant final approval to the
Dayton Local Structure Plan 2B document, subject to no objections from the
consulted Coast Road landowners and acceptance of the Cultural Heritage
Plan by the DIA and the following requirements:
1. Approval of the Wetland Management Plan by the Department of
Environment and Conservation.
2. The Structure Plan documentation, including the Plan at Figure 9 being
amended as follows:
(i) The R5 coding on the Plan be changed to an R30 coding.
(ii) Section 5.2.3 "Future Lot Yield" of the report document,
including Table 3 be modified to reflect the dwelling yield
implications of the coding change.
(iii) Item 12 in the DCP works table on the Plan and Table 6 in the
report document to read "Upgrade to Coast Road between
Arthur Street and West Swan Road (localised widening and
enhanced street lighting)"; and "Intersection of Coast Road
and West Swan Road (construct priority controlled
intersection)".
(iv) The "Residential Transition Zone" designation is to be
removed from the Plan at Figure 9 including the associated
legend.
(v) Those portions of existing Lots 26, 28 and 29 Sam Rosa Place
and Lot 549 Malvern Street subject of the Dampier Bunbury
Gas Pipeline Easement are to be depicted as "Balance Lot" on
the Plan.
(vi) The second, third and fourth paragraphs of section 5.9.2
"Principles and Uses" in the report document are to be deleted
with new text inserted reflective of the "Balance Lot"
arrangement and outlining the requirements subject of the
new Note 13.
(vii) The delineation of portions of existing Lots 26, 28 and 29 Sam
Rosa Place and Lot 549 Malvern Street as "D.A.P.s Required"
is to be deleted from the Plan and the associated legend.
(viii) The second paragraph of section 5.2.6 "Detailed Area Plans"
in the report document is to be deleted.
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(ix) Note 8 on the Plan is to delete reference to the gas pipeline
easements.
(x) The present wording of Note 13 on the Plan is to be deleted
and replaced to say: "Prior to subdivision of Lots 26 or 29
Sam Rosa Place or Lot 549 Malvern Street, a Risk
Management Plan must be prepared in accordance with the
requirements of the WAPC's Planning Bulletin 87. Such Risk
Management Plan is to be approved by the Parmelia Gas
Pipeline operator and implemented to the satisfaction of the
Western Australian Planning Commission."
(xi) Table 4 - "Public Open Space Summary" is to be recalculated
consistent with Liveable Neighbourhoods requirements to the
satisfaction of the Principal Planner.
(xii) The Plan delete the delineation of the 330kV Powerline
Easement as Public Utility Reserve and remove this
designation from the associated legend.
(xiii) Amend sections 5.6.1 "Context" and 5.6.2 "Principles and
Uses" of the report document to remove reference to the
easement being a public utility reserve.
4) Subject to fulfilment of 1), 2) and 3) above, refer the Local Structure Plan 2B
to the Western Australian Planning Commission with a request for its
endorsement.
5) Subject to fulfilment of 1), 2) and 3) above advise all those parties who have
made a submission of Council's decision.
One objection was received from an affected Coast Road landowner and this is the
subject of this report.
CONSULTATION
In accordance with Council's 23 May 2012 resolution, the proposal was re-advertised to
affected landowners on Coast Road, with a covering letter seeking their comment on
Council's preferred option to use Coast Road as an interim access arrangement until
Henley Brook Avenue was constructed between Marshall Road and Reid Highway.
5 submissions were received, of which 3 offered no objection, 1 objecting to Council's
position and 1 submission from the Department of Indigenous Affairs (DIA). Full details
of submissions are outlined in the Schedule of Submissions contain in the attachments.
The objection and key issues will be discussed further in the report.
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CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
The City sought the Department of Indigenous Affairs (DIA) advice and comment on the
Cultural Heritage Plan within the Structure Plan report documentation. DIA advised that
if all parties operating in the Structure Plan area implement the Management
Commitments suggested in 6.3 of the Cultural Heritage Management Plan they should
meet all obligations under the Aboriginal Heritage Act.
DETAILS
Connection to Regional Road Network - proposed interim arrangements
The following extract of the 23 May 2012 report explains Council's rationale to amend
the proposed structure plan to have an upgraded Coast Road utilised for interim access if
Marshall Road and Henley Brook Avenue were not acquired and constructed at the
development of 1,200 lots:
"The proposed structure plan is reflective of the Dayton District Structure Plan in
indicating that Marshall Road will provide a connection to the future Henley Brook
Avenue extension. The LSP2B traffic reports have indicated that such a
connection and the construction of Henley Brook Avenue to a single carriageway
standard southward to Reid Highway would be required once 1200 dwelling units
have been created within the Dayton development cell. Given the likelihood that
the land acquisition for this portion of Henley Brook Avenue may not be
completed by the time the 1200 dwelling unit trigger is reached, the structure
plan proposes an interim arrangement that would extend Marshall Road through
to West Swan Road.
The Department of Transport (DoT) has objected to the Structure Plan because,
in its view, a proper analysis of traffic impact on the regional road network has
not been undertaken and that a proper access strategy should first be prepared in
consultation with Main Roads WA and Department of Planning before the
structure plan can be approved. In response to this comment, several points need
to be noted. Connections between the area subject of this local structure plan and
the surrounding regional road network were detailed in, considered and
determined as part of, the Dayton District Structure Plan and at a broader level
as part of the Swan Urban Growth Corridor Sub-Regional Structure Plan. Both the
former and later documents have been adopted by the Western Australian
Planning Commission, the former as a statutory document and the later as a
strategic document. The assessment and determination of these documents had
the input of the then Department of Planning Infrastructure (DPI) and Main Roads
WA. For the DoT to suggest that there has been inadequate strategic planning or
a lack of consideration of regional traffic issues plainly is a misinformed comment
made without a background understanding of prior work within the City's urban
growth corridor.
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3.4 Adoption Of The Dayton Local Structure Plan 2B (SP17-21) - 30 Various
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The proposed interim option of connecting Marshall Road through to West Swan
Road until Henley Brook Avenue southwards onto Reid Highway is constructed is
not supported by the Infrastructure Planning and Co-ordination (IPaC) section of
the Department of Planning. Peculiarly the IPaC has stated that the reason for
opposition to such connection is that existing traffic reports have noted that West
Swan Road is already overburdened by traffic. The comments then go on to say
that Coast Road should be sufficient for access to West Swan if needed. A
preference for one option over another based on traffic impact onto Western Road
makes no sense when both options are putting additional traffic, at least for an
interim period, onto West Swan Road. Again it appears that the comments
provided are based on a misunderstanding that the arrangement would be an
interim temporary access solution only.
From the City's perspective, use of Coast Road as an interim arrangement has the
benefit of being an existing through connection which, in comparison with the
Marshall Road option, does not require the acquisition of land, save potentially for
widening around the intersection at West Swan Road. City engineering staff are
satisfied that the road carriageway width of 7 metres can accommodate the
anticipated traffic volumes, however localised upgrades would be required to
achieve a uniform width throughout.
By comparison the extension of Marshall Road through to West Swan Road would
require land acquisition from no fewer than 7 property owners, one of which has
expressed opposition to the proposed structure plan. Given this, it would seem
doubtful that this option could be facilitated in the expeditious manner necessary
to provide a sound interim access solution.
Whilst utilising an upgraded Coast Road is a more expeditious interim access
solution, it was not presented as part of the advertising of the proposed structure
plan. Given an interim access arrangement will see a period of increased traffic
along an existing rural road, it is appropriate for landowners, including the
Caversham Primary School, to consider and make comment upon any impact this
may have to their amenity.
To this end should Council resolve to amend the proposed structure plan to have
an upgraded Coast Road utilised for interim access, then it is appropriate to refer
this arrangement back to those affected landowners along Coast Road for
comment prior to consideration of final adoption. It is recommended that this
occur."
One objection was received from rural landowner citing that the additional traffic on
Coast Road poses a safety risk to children attending the Caversham Primary School, will
encourage speeding and the noise will affect the rural amenity of the location. These
concerns are addressed under the following headings:
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Concerns with Speeding Drivers on Coast Road: Coast Road between Arthur
Street and West Swan Road has a rural speed limit of a 70kph (except for the
school-zone around the Caversham Primary School) and one objection was
concerned that the development will result in more speeding drivers. This concern
can be addressed by reducing the speed limit to an urban standard to encourage
motorist to drive more appropriately along this road. This is a separate
consultation process so should not delay Council's decision on this structure plan.
Safety Concerns with the Caversham Primary School: The objector was of the
opinion that the additional traffic on Coast Road poses a safety risk to children
attending the Caversham Primary School. Staff are satisfied that the combination
of existing traffic-calming islands on either side of the primary school and a
reduced speed limit mitigates this concern.
Concerns with Noise levels: Increased noise levels generated by traffic was
another concern raised by the objection. While noting their dissatisfaction, the
estimated traffic conditions for Coast Road (4,870vpd; assuming LSP1, LSP2B and
LSP2A areas are developed) is temporary and do not trigger the need for a noise
assessment under State Planning Policy 5.4 (SPP 5.4). Under SPP 5.4, an
assessment of noise is required for "urban roads carrying more than 20,000vpd"
or "other rural primary distributors carrying more than 5,000 vpd" unless the
situation to be exceptional circumstance. The City does not consider this to be an
"exceptional circumstance" due to the rural area's proximity to noisy activities,
such as the Caversham Primary School and one property is within the aircraft
noise contours for the Perth Airport.
Ultimately, Coast Road west of Henley Brook Ave will not have direct access onto
Henley Brook Avenue. This would effectively leave the rural section west of
Henley Brook Ave to local traffic. However, a noise assessment of Henley Brook
Avenue would be done in accordance with SPP prior to its construction.
These concerns with the temporary traffic conditions on Coast Road need to be balanced
against the opposition and impracticalities of the alternative proposal to acquire and
construct Marshall Road through to West Swan Road at the creation of 1,200 lots. This
alternative option was not supported by key state agencies involved in regional road
planning (DoT and IPaC) and would require land acquisition from no fewer than 7
property owners; one of which has expressed opposition to the proposed structure plan.
Given the unwillingness of affected landowners to subdivide, it would seem doubtful that
the Marshall Road option could be facilitated in the expeditious manner necessary to
provide a sound interim access solution.
It is for these reasons that officers still support the interim use of Coast Road should
Henley Brook Avenue and Marshall Road still need to acquired and constructed at 1,200
lots and this outcome is reflected in the recommendations.
Marshall Road Drainage Capacity & basin on Lot 27 Coast Road
The Local Water Management Strategy (LWMS) appended to the District Structure Plan
was approved by the Dept. of Water (DoW) and City in June 2009 and provides an
appropriate level of detail to support individual Local Structure Plans for Dayton.
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However, the adopted LWMS did not contemplate the scenario of modification to the
existing drainage basin on Lot 27 and the implications for district/local level drainage.
As raised in the 23 May 2012 Council Report, staff have identified that the Marshall Road
reservation confirmed by Local Structure Plan 2B will require the existing drainage basin
at Lot 27 Coast Road to be re-designed by way of a pipe upgrade. Without such a
redesign, the existing drainage system does not have capacity to convey the full 100 yr
ARI pre-development flow and will flood rural land downstream.
The upgrading of the drainage network along Marshall Road still need to confirm through
revisions to the Marshall Road engineering drawings (Appendix 6 of the proposal) and an
updated LWMS, which the applicant is updating but they could not have the final
documents available before the Council meeting. Staff understand from the applicant's
consultant JDA that this will involve a proposal to replace the existing pipe drain section
between Marshall Road and the Swan River (typically 525mm diameter) with larger
diameter pipes (nominally 7500mm diameter) and reconfigure the existing basin on Lot
27 to approx. one thirds of its current size.
Staff see no reason to defer an item to Council provided the technical aspects of the
proposal are sound and are addressed to the satisfaction of the delegated authority prior
to forwarding LSP2B to the WAPC for final approval. This is reflected in the
recommendations and work will proceed such that the requisite adjustments to the Local
Water Management Strategy can be made and any drainage infrastructure upgrade
included as a Developer Contribution item in the Dayton Developer Contribution Plan.
Use of the Cranleigh St reservation between Arthur St and Sam Rosa Place
During re-advertising, the proponent request that the Cranleigh Street reservation
between Arthur Street and Sam Rosa Place be retained as a road reserve, instead of the
surplus land being incorporated into Aspen's Lot 3 Arthur Street, Lot 4 Cranleigh Street
and Lot 21 (no.12) Sam Rosa Place for future Residential R60.
The proposal is to still straighten the alignment of the Cranleigh Street carriageway but
Aspen now proposes to have the drainage swale on the Southern Side for stormwater
attenuation. In effect, this change would enable the release of Aspen's land in advance
of drainage infrastructure being available downstream (which is not in their ownership)
and but would reduce the R60 lot yield. From a design perspective, the submission
added that:
"there is no constraint to the overall development of this urban area by not
closing this section of surplus road reserve", and;
"it may be possible to construct additional parking bays within this greater
reserve to service the proposed Primary School abutting to the north, together
with the rear-laneway residential housing proposed to the south"
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Officers support these modifications as they do not change the proposed traffic network,
enables more opportunity for on-street car parking and offers an expeditious solution for
a subdivider to propose drainage at/close to source on accessible land. The impact on
the indicative lot yield is marginal and the R60 coding allows the landowner more
flexibility at the subdivision stage. Notwithstanding, the documentation will need to be
updated to reflect the decrease in lot yield resulting from this redesign.
OPTIONS AND IMPLICATIONS
Local Planning Scheme No.17 Clause 5A.1.9.1 provides the following options:
Option 1: Council adopt the draft Local Structure Plan and the Coast Road interim
access arrangement with modifications, as listed in the Recommendation.
This is the recommended option.
Implications: The applicant would be required to make modifications to address
outstanding issues to the satisfaction of the Principal Planner prior to
forwarding the Local Structure Plan to the WAPC for endorsement. The
modifications are minor in nature and would provide the applicant with
some surety as to Council's concerns with the draft Structure Plan. This is
the recommended option.
Option 2: Council defer determination until additional information is provided by the
applicant to provide the precise detail on how the drainage network along
Marshall Road to the Swan River is to be re-designed, as a result of
development in Dayton.
Implications: The applicant would be required to make modifications to address
outstanding issues before the matter was referred back to Council for
formal consideration. Given the technical nature of the minor modifications
requested, this option will unnecessarily delay development and can be
addressed under delegated authority.
CONCLUSION
The Dayton Local Structure Plan 2B was readvertised by resolution of Council at its OCM
of 13 June to allow public feedback on the proposed use of Coast Road as an interim
access arrangement pending the construction of Henley Brook Avenue from Marshall
Road to Reid Highway. Confirmation from Department of Indigenous Affairs as to the
adequacy of the Cultural Heritage Management Plan was also sought.
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A total of 6 submissions were received through advertising, with one landowner opposed
to the use of Coast Road for interim access on the grounds of safety and amenity (noise)
concerns. City staff are satisfied that the road upgrade, coupled with existing traffic
calming devices and a potential lower signed speed limit will ensure the road is
functional and safe. On this basis, City staff reiterate the merits of utilising Coast road as
the interim access arrangement as opposed to the extension of Marshall Road.
In addition to those modifications detailed in the report to the OCM of 13 June 2012 and
the resolution made subsequently by Council, a further modification has been added
which proposes the retention of the existing Cranleigh Street road reserve between
Arthur Street and Sam Rosa Place, instead of the surplus land being incorporated into
Aspen's Lot 3 Arthur Street, Lot 4 Cranleigh Street and Lot 21 (no.12) Sam Rosa Place
for future Residential R60. Given the benefits of this arrangement and the very marginal
reduction in lot yield, the modification is supported by staff. Accordingly the Structure
Plan map will need to be modified and references to the dwelling yield and net residential
area updated.
It is recommended that Council delegate to the Principal Planner authority to approve
the Dayton Local Structure Plan 2B, subject to the issues and modifications listed in the
recommendations being addressed.
ATTACHMENTS
• Locality Plan.
• Draft November 2011 Dayton Local Structure Plan 2B (map only).
• Schedule of Submissions.
STRATEGIC IMPLICATIONS
The draft West Swan East Local Structure Plan 2B is in a priority area for urban
development and is consistent with the objectives of the State’s endorsed Urban Growth
Corridor Sub-Regional Structure Plan and approved District Structure Plan for West Swan
East. Therefore its endorsement will not conflict with planning policies.
STATUTORY IMPLICATIONS
Local Planning Scheme No. 17 (specifically Part 5A and Schedule 4).
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FINANCIAL IMPLICATIONS
There is a Development Contribution Plan for Dayton (DCP), which establishes which
roads, POS, community facilities and selected gas infrastructure which are part of the
cost-sharing arrangements. Council approved this DCP and Scheme Amendment 58 at its
25 May 2011 Ordinary Meeting but this is with the WAPC and Minister for final approval.
The District Structure Plan & LWMS (which informed the DCP's inputs) did not
contemplate the implications for district/local level drainage if the existing basin on Lot
27 was re-designed by way of a pipe upgrade downstream. Consequently, these
drainage upgrades are not part of the cost-sharing arrangements in the DCP. City staff
however are presently taking steps to ensure these items are installed within the DCP.
VOTING REQUIREMENTS
Simple majority.
RECOMMENDATION
That the Council resolve to:
1) Delegate to the Principal Planner authority to grant final approval to the Dayton
Local Structure Plan 2B document, subject to the following requirements:
1. Approval of the Wetland Management Plan by the Department of Environment
and Conservation.
2. The Structure Plan documentation, including the Plan at Figure 9 being
amended as follows:
i. The R5 coding on the Plan be changed to an R30 coding.
ii. Section 5.2.3 "Future Lot Yield" of the report document,
including Table 3 be modified to reflect the dwelling yield
implications of the coding changes.
iii. Item 12 in the DCP works table on the Plan and Table 6 in the
report document to read "Upgrade to Coast Road between
Arthur Street and West Swan Road (localised widening and
enhanced street lighting)"; and "Intersection of Coast Road
and West Swan Road (construct priority controlled
intersection)".
iv. The "Residential Transition Zone" designation is to be
removed from the Plan at Figure 9 including the associated
legend.
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v. Those portions of existing Lots 26, 28 and 29 Sam Rosa Place
and Lot 549 Malvern Street subject of the Dampier Bunbury
Gas Pipeline Easement are to be depicted as "Balance Lot" on
the Plan.
vi. The second, third and fourth paragraphs of section 5.9.2
"Principles and Uses" in the report document are to be deleted
with new text inserted reflective of the "Balance Lot"
arrangement and outlining the requirements subject of the
new Note 13.
vii. The delineation of portions of existing Lots 26, 28 and 29 Sam
Rosa Place and Lot 549 Malvern Street as "D.A.P.s Required"
is to be deleted from the Plan and the associated legend.
viii. The second paragraph of section 5.2.6 "Detailed Area Plans"
in the report document is to be deleted.
ix. Note 8 on the Plan is to delete reference to the gas pipeline
easements.
x. The present wording of Note 13 on the Plan is to be deleted
and replaced to say: "Prior to subdivision of Lots 26 or 29
Sam Rosa Place or Lot 549 Malvern Street, a Risk
Management Plan must be prepared in accordance with the
requirements of the WAPC's Planning Bulletin 87. Such Risk
Management Plan is to be approved by the Parmelia Gas
Pipeline operator and implemented to the satisfaction of the
Western Australian Planning Commission."
xi. Table 4 - "Public Open Space Summary" is to be recalculated
consistent with Liveable Neighbourhoods requirements to the
satisfaction of the Principal Planner.
xii. The Plan delete the delineation of the 330kV Powerline
Easement as Public Utility Reserve and remove this
designation from the associated legend.
xiii. Amend sections 5.6.1 "Context" and 5.6.2 "Principles and
Uses" of the report document to remove reference to the
easement being a public utility reserve.
xiv. Update the Dayton LSP2B traffic assessment (Appendix 2) to
reflect the changes proposed to the interim access
arrangements proposed in 'ii' above.
xv. Update the Marshall Road Engineering Concept Plans in
Appendix 7 to remove all references to an interim road
connection of Marshall Road west of Henley Brook Avenue to
West Swan Road and how local/district drainage is to connect
to the upgraded basin and pipe network downstream.
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Ordinary Meeting of Council
04 July 2012
15
3.4 Adoption Of The Dayton Local Structure Plan 2B (SP17-21) - 30 Various
Lots In Dayton
xvi. The R60 coding in the Cranleigh Street reservation between
Harrow Street and Sam Rosa Place be retained as road
reserve.
xvii. Table 2 Land Use Summary and the Land Use & Public Open
Space Schedule on the Map be modified to reflect the
implications of retaining the existing Cranleigh Street
reservation between Harrow Street and Sam Rosa Place as a
road reserve.
2) Subject to fulfilment of 1) and 2) above, refer the Local Structure Plan 2B to the
Western Australian Planning Commission with a request for its endorsement.
3) Subject to fulfilment of 1) and 2) above advise the applicant and all those parties
who have made a submission of Council's decision.
CARRIED
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b3-4b3-4 att