metro east joint development assessment panel minutes... · 7.5 ms frances page-croft and mr justin...

Meeting No. 209

23 July 2019

Mr Ian Birch Presiding Member, Metro East JDAP

Metro East Joint Development Assessment Panel

Minutes Meeting Date and Time: 23 July 2019, 1:30pm Meeting Number: MEJDAP/209 Meeting Venue: Department of Planning, Lands and Heritage 140 William Street Perth Attendance

DAP Members Mr Ian Birch (Presiding Member) Ms Kym Petani (Deputy Presiding Member) Mr Peter McNab (Specialist Member) Cr Julie Brown (Local Government Member, City of Gosnells) Cr Ron Mitchell (Local Government Member, City of Gosnells) Officers in attendance Ms Manisha Wallace (City of Gosnells) Ms Donna Shaw (City of Gosnells) Ms Frances Page-Croft (Western Australia Planning Commission) Mr Justin Breeze (Western Australia Planning Commission) Ms Katherine McKelvie (Governance Officer, DAP Secretariat) Mr Ernest Samec (Department of Planning, Lands and Heritage) Minute Secretary Ms Michelle Tan (DAP Secretariat) Applicants and Submitters Mr Kris Kennedy (Aigle Royal Properties) Mr Matthew Bounds (Coles Property) Mr Murray Casselton (element) Mr Malcolm Jones (Meyer Shircore Architects) Mr Joseph Rooney (Coles Property) Members of the Public / Media There was one member of the public in attendance. 1. Declaration of Opening

The Presiding Member declared the meeting open at 1:32pm on 23 July 2019 and acknowledged the traditional owners and paid respects to Elders past and present of the land on which the meeting was being held.

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23 July 2019


The Presiding Member announced the meeting would be run in accordance with the DAP Standing Orders 2017 under the Planning and Development (Development Assessment Panels) Regulations 2011. The Presiding Member advised that in accordance with Section 5.16 of the DAP Standing Orders 2017 which states 'A person must not use any electronic, visual or audio recording device or instrument to record the proceedings of the DAP meeting unless the Presiding Member has given permission to do so.', the meeting would not be recorded.

2. Apologies

Nil

3. Members on Leave of Absence

Nil

4. Noting of Minutes

DAP members noted that signed minutes of previous meetings are available on the DAP website.

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of Interests

DAP Member, Ms Kym Petani, declared an impartiality interest in item 8.1. Ms Petani is an employee of GHD, who has been engaged by the City of Gosnells to undertake contract administration for the refurbishment of the Station Street bridge abutment. In accordance with section 6.2 and 6.3 of the DAP Standing Orders 2017, the Presiding Member determined that the member listed above, who had disclosed an impartiality interest, was permitted to participate in the discussion and voting on the item.

7. Deputations and Presentations

7.1 Mr Kris Kennedy (Aigle Royal Properties) addressed the DAP in support of

the application at Item 8.1 and responded to questions from the panel. 7.2 Mr Matthew Bounds (Coles Property) addressed the DAP in support of the

application at Item 8.1 and responded to questions from the panel. 7.3 Mr Murray Casselton (element) addressed the DAP in support of the

application at Item 8.1 and responded to questions from the panel. 7.4 Ms Donna Shaw (City of Gosnells) addressed the DAP in relation to the

application at Item 8.1 and responded to questions from the panel.

https://www.dplh.wa.gov.au/about/development-assessment-panels/daps-agendas-and-minutes

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23 July 2019


7.5 Ms Frances Page-Croft and Mr Justin Breeze (Western Australian Planning Commission) addressed the DAP in relation to the application at Item 8.1 and responded to questions from the panel.

PROCEDURAL MOTION Moved by: Mr Peter McNab Seconded by: Mr Ian Birch That the Metro East JDAP receive legal advice from representatives of the Department of Planning, Lands and Heritage and that such advice is received behind closed doors, in accordance with section 5.10.2g of the DAP Standing Orders 2017. The Procedural Motion was put and CARRIED UNANIMOUSLY. REASON: To discuss the validity of Condition 1 of the City of Gosnells’ Alternate Recommendation. The meeting was closed to the public at 2.40pm. The meeting was reopened to the public at 3.20pm.

8. Form 1 – Responsible Authority Reports – DAP Application

8.1a Property Location: Lot 11 Southern River Road, Southern River Development Description: Development of Shopping Centre Applicant: Aigle Royal Properties Owner: Arp No.2 Pty Ltd Responsible Authority: City of Gosnells DAP File No: DAP/19/01597

REPORT RECOMMENDATION Moved by: Nil Seconded by: Nil That the Metro East JDAP resolves to: 1. Refuse DAP Application reference DAP/19/01597 and accompanying plans in

accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Gosnells Town Planning Scheme No. 6, for the following reason:

Reason: 1. The proposal does not adequately address the activity centre planning

requirements of State Planning Policy 4.2 – Activity Centres for Perth and Peel (SPP 4.2) and Liveable Neighbourhoods, insofar as it lacks consideration toward the urban structure and pedestrian networks for the centre as a whole.

The Report Recommendation LAPSED for want of a mover and a seconder.

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23 July 2019


ALTERNATE MOTION Moved by: Mr Peter McNab Seconded by: Ms Kym Petani That the Metro East JDAP resolves to: 1. Approve DAP Application reference DAP/19/01597 and accompanying plans in

accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Gosnells Town Planning Scheme No. 6, subject to the following conditions:

Conditions 1. Prior to occupation, arrangements being made to the satisfaction of the City of

Gosnells, for the landowner/applicant to contribute towards the cost of development infrastructure, as established through Amendment No. 110 (when gazetted) to the City of Gosnells Local Planning Scheme No. 6.

2. Prior to applying for a Building Permit, amended plans are to be provided to the

satisfaction of the City of Gosnells as follows:

(i) A covered pedestrian link being provided from the “new driveway” between Building 2 – Medical and Building 2 – Retail;

(ii) A path and access points (i.e. stairs or ramps) being provided from the on-

street car parking bays on the “new driveway” to the covered walkway adjacent Building 2 – Retail;

(iii) A path from Building 3 – Child Care along the south eastern boundary of the

site to the future road reserve on Lot 1001 Holmes Street, Southern River; and

(iv) The continuation of the dual use path network along Southern River Road to

Precinct 3E (across the Balannup Lake Drain); and (v) Alignment of the pedestrian crossing from Building 5 – Fast Food to the

pedestrian refuge.

3. Prior to the lodgement of a Building Permit, a geotechnical report is to be submitted, detailing the site conditions with respect to soil, groundwater and stormwater disposal, to the satisfaction of the City of Gosnells.

4. Prior to applying for a Building Permit, the Bushfire Management Plan and

Emergency Evacuation Plan, prepared by Emerge Associates (dated July 2019) is to be jointly endorsed by the City of Gosnells and the Department of Fire and Emergency Services. In the event of endorsement, the development must be designed, constructed and maintained to BAL 12.5 where required by the Bushfire Management Plan and as specified in Australian Standard AS3959:2018: Construction of Buildings in Bushfire Prone Areas (AS3959).

Prior to issuing a Building Permit, amended plans must be submitted to the City of

Gosnells demonstrating the building has been designed to the required BAL as

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23 July 2019


specified in AS3959. The buildings must be maintained in accordance with the specified requirements of the BAL for the duration of the development.

5. Prior to any works commencing, engineering drawings and specifications are to

be submitted to and approved by the City of Gosnells for the construction of upgrades to Southern River Road, including the proposed deceleration lanes but excluding the roundabout at the intersection of Southern River Road, the “new driveway” and future access into Lot 9081. The landowner/applicant is responsible for all costs associated with any land acquisition, design, drainage and construction of the road upgrade works. This includes signage, road markings, relocation of services, street lighting, design checks and inspections.

6. Prior to any works commencing, the applicant demonstrating to the satisfaction of the City of Gosnells that appropriate land assembly, design, drainage and construction arrangements are in place for the construction of the roundabout at the intersection of Southern River Road, the “new driveway” and future access into Lot 9081 in accordance with the Southern River 2 Phase 1 Structure Place. This includes signage, road markings, relocation of services, street lighting, design checks and inspections. Associated engineering drawings and specifications are to be submitted to and approved by the City of Gosnells.

Prior to the occupation of the development, the roundabout is to be constructed in accordance with the approved engineering drawings to the satisfaction of the City of Gosnells.

7. Prior to applying for a Building Permit, a Road Safety Audit of the engineering design(s) is to be prepared and submitted with any recommended corrective actions to be implemented to the satisfaction of the City of Gosnells. The Road Safety Audit is to determine whether the proposed development will compromise the safety of road users, and if so, make recommendations for corrective actions. The Road Safety Audit is to be undertaken by a suitably qualified, independent person who is an IPWEA/Main Roads WA Accredited Senior Road Safety Auditor.

8. Prior to applying for a Building Permit, the applicant is to provide sufficient detail to assess the swept path analysis for each tenancy’s largest service vehicle. In the event that the analysis indicates insufficient movements, the applicant is required to make the necessary corrective actions.

9. The applicant shall submit, prior to the issue of a Building Permit, amended plans

to the City of Gosnells satisfaction, which include a minimum 2m high masonry wall along the boundary of the subject site and the abutting residential property and future residential development on Lots 1000 and 1001 Holmes Street, Southern River, excluding those portions designated for future road reserve.

10. Prior to applying for a Building Permit, a Landscape Plan for the development site

and the adjoining road verge(s) is to be submitted and approved to the satisfaction of the City of Gosnells. The following details are to be included:

(i) Existing street trees and vegetation to be retained on the site; (ii) Landscape treatments such as lawn, mulch areas, paving and bin collection

areas;

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(iii) The location, species, quantity and pot size of proposed trees and shrubs; (iv) Areas to be irrigated.

11. Prior to applying for a Building Permit, a Waste Management Plan must be

prepared and include the following details to the satisfaction of the City of Gosnells:

(i) The location of bin storage and bin collection areas; (ii) The number, volume and type of bins, and the type of waste to be placed in

those bins; (iii) The management of the bins and the bin storage areas, including cleaning,

rotation and moving bins to and from the bin collection areas; and (iv) The frequency of bin collection.

All works must be carried out in accordance with the Waste Management Plan and maintained at all times, for the duration of the development.

12. Prior to the commencement of development works, an urban water management

plan is to be prepared, and approved in consultation with the Department of Water, consistent with the approved Local Water Management Strategy for Southern River Precinct 3A (South) Structure Plan. The approved Urban Water Management Plan is to be implemented to the satisfaction of the City of Gosnells.

13. Prior to the occupation of the development, the applicant is to make

arrangements with the City of Gosnells, for the granting of any drainage easements and/or reserves as may be required by the City of Gosnells for drainage infrastructure, with such easement and/or reserves being granted free of cost, and vested in City of Gosnells under Sections 152 and 167 of the Planning and Development Act 2005.

14. Prior to the commencement of use, satisfactory arrangements being made with

the City of Gosnells for all proposed road reserves (including the “new driveway”), Local Open Space and the widening of the Balannup Lake Drain to be ceded free of cost to the Crown, without any payment of compensation by the Crown, except where provided for under the draft Southern River Precinct 3 Local Structure Plan – Development Contribution Plan.

15. The applicant is to make arrangements to ensure the identification and protection

of any vegetation on the site worthy of retention is not impacted by development works, prior to the commencement of development.

16. Prior to the commencement of development, arrangements being made to the

satisfaction of the City of Gosnells for the proposed Local Open Space to be developed by the landowner/applicant to a minimum standard and maintained for two summers through the implementation of an approved landscape plan providing for the development and maintenance of the proposed public open space in accordance with the requirements of Liveable Neighbourhoods, the specifications of the City of Gosnells, and the approved Urban Water Management Plan.

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17. Prior to the occupation of the development, the landscaping and irrigation of the development site and the adjoining verges is to be installed in accordance with the approved landscape plan and thereafter maintained to the satisfaction of the City of Gosnells.

18. Prior to the commencement of development, a temporary fence restricting

pedestrian access from the Local Open Space to the Balannup Lake Drain is to be installed. The temporary fencing will be removed by the City of Gosnells once the required works to upgrade the Balannup Lake Drain have taken place.

19. Prior to the occupation or use of the development, vehicle parking, manoeuvring

and circulation areas shall be designed, constructed, sealed, drained, line-marked and kerbed in accordance with:

(i) Australian Standards AS2890.01:2004, Parking Facilities, Part 1: Off-street

car parking (for user class 3A); (ii) Australian Standards AS2890.6:2009, Parking Facilities, Part 6: Off-street

parking for people with disabilities; and (iii) Council’s engineering requirements and design guidelines.

The car parking is to be maintained to the satisfaction of the City of Gosnells for

the duration of the development. 20. The proposed intersections and deceleration lanes are to be designed as per the

Austroads Guide to Road Design and Main Roads WA’s standard drawings. 21. Prior to the commencement of the development, the applicant is to make

arrangements to the satisfaction of the City of Gosnells for the construction of sealed crossovers between the public roads and the private driveways.

22. The development must be designed and all works must be carried out in

accordance with the Transport Impact Assessment, prepared by Shawmac (dated 8 July 2019), to the satisfaction of the City of Gosnells for the duration of the development.

23. The development must be designed and all works must be carried out in

accordance with the Acoustic Assessment, prepared by Herring Storer Acoustics (dated October 2018, and addendum dated 13 June 2019), to the satisfaction of the City of Gosnells for the duration of the development.

24. Prior to the occupation of the development, a notification under section 70A of the

Transfer of Land Act 1893 or section 6(1) of the Strata Titles Act 1985 must be registered over the Certificate of Tile of the subject lot to notify owners and prospective purchasers of the land of the factor affecting the user of the land.

The notification is to be prepared and executed at the applicant’s cost to the

satisfaction of the City of Gosnells and is to state as follows: “The land is within a bushfire prone area as designed by an Order made by the

Fire and Emergency Services Commissioner and is subject to a Bushfire Management Plan. Additional planning and building requirements may apply to the development of this land.”

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25. Prior to the occupation of the development, public bin facilities must be provided

adjacent to the shop frontages so as to be convenient to pedestrians, but positioned so as not to obstruct pedestrian movements, to the satisfaction of the City of Gosnells. Public rubbish bin facilities must be emptied daily, continuously maintained in good condition and the surrounding area kept free of litter thereafter for the duration of the development.

26. Prior to the commencement of development, in accordance with the requirements

of Local Planning Policy 6.0 – Public Art Policy, the applicant/landowner is to make a contribution to public art to the value of one percent (1%) of the estimated cost of development, but not exceeding $250,000, by way of: (i) Providing public art on the development site, unless otherwise approved by

the City of Gosnells; or (ii) Making a cash contribution towards public art, in-lieu of (i) above.

Details of the proposed public art shall be provided to the City of Gosnells for

approval in accordance with the Information Requirements of Local Planning Policy 6.0 – Public Art Policy, thereafter installed prior to the commencement of use and/or occupancy of the development site and maintained by the landowners for the life of the development to the satisfaction of the City of Gosnells.

27. Engineering drawings and specifications are to be submitted, approved, and

works undertaken in accordance with the approved engineering drawings and specifications, for the provision of the dual use path network along Southern River Road to Precinct 3E to the satisfaction of the City of Gosnells.

Advice Notes: 1. You are advised of the need to apply for a Building Permit from the City of

Gosnells Building Services Branch prior to the commencement of work. In this regard, your attention is drawn to the requirements of the Building Code of Australia and the Building Act 2011.

2. An Occupancy Permit is to be applied for and issued by the Local Authority

(Permit Authority) prior to occupation of the building or part thereof. For a new building, a Certificate of Construction Compliance (BA17) is to be provided with the application for it to be valid. For an existing building, a Certificate of Building Compliance (BA18) is to be provided with the application for it to be valid.

3. Due to the nature of foundation materials, footing and slab details and a site

report from a structural engineer are required to be submitted with the Building Permit application.

4. Your attention is drawn to the requirements for access to buildings for people with

disabilities in accordance with the Building Code of Australia and AS1428.1. Detailed drawings are to be submitted with the Building Permit application identifying means of access from car parking areas to the entrance of the building and throughout the building, as required by AS1428.1.

5. Your attention is drawn to the following requirements in respect to food

preparation:

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(i) Detailed plans and specifications of all food preparation and storage

(including refuse) areas are to be submitted and approval obtained before construction or fit out is commenced.

(ii) Refuse storage areas are to comply with the City of Gosnells Health Local

Law 1999 (Suitable Enclosure (39). (iii) To comply in all respects with the Food Act 2008, Food Regulations 2009

and Australia New Zealand Food Standards Code. 6. Your attention is drawn to the following to minimise the impact of development

works:

(i) All development works must be carried out in accordance with Control of Noise Practices set out in section 6 of AS2436-1981. For further details please contact the Department of Environment Regulation.

(ii) Development work shall only be permitted between 0700 hours and 1900

hours on any day which is not a Sunday or public holiday, without the written approval of the City.

(iii) Development work shall comply in all respects with the Environmental

Protection (Noise) Regulations 1997. 7. The applicant is advised that this planning approval does not constitute approval

for any works within the road reserve abutting the subject land. The Local Government Act requires prior approval to be obtained from the City of Gosnells before any works carried out within in the road reserve. It is the responsibility of the applicant to obtain the appropriate permits, with all applications to be made to the City of Gosnells.

8. The development must comply with the Health (Public Building) Regulations

1992. Please liaise with the City's Health Services in this regard. 9. The operation/development is to comply with the Environmental Protection

(Noise) Regulations 1997. 10. With the exception of the Signage associated with the Fast Food Outlet, this

approval does not relate to any other signage. A separate development application for signage relating to the remaining tenancies is to be lodged and approved by the City of Gosnells.

11. In relation to Condition 13, the applicant is advised that the easement in the Holmes Street road reserve will cease to exist upon ceding of the land for road widening purposes.

12. In relation to Conditions 1 and 14, the applicant is advised that any necessary

monetary adjustments will be made in accordance with the Southern River Precinct 3 Development Contribution Plan, once finalised.

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The Alternate Motion was put and CARRIED (4/1). For: Mr Ian Birch Ms Kym Petani Mr Peter McNab Cr Julie Brown Against: Cr Ron Mitchell REASON: The DAP considered that the City of Gosnells’ reason for refusal could be addressed appropriately with approval conditions and that the proposal is consistent with the planning framework. 8.1b Property Location: Lot 11 Southern River Road, Southern River Development Description: Shopping Centre Applicant: Aigle Royal Properties Owner: ARP No.2 Pty Ltd, Anthony Poli Responsible Authority: Western Australian Planning Commission DAP File No: DAP/19/01597

REPORT RECOMMENDATION Moved by: Mr Peter McNab Seconded by: Ms Kym Petani That the Metro East JDAP resolves to:

1. Approve DAP Application reference DAP/19/01597 and accompanying plans in

accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and pursuant to clause 24(1) and 26 of the Metropolitan Region Scheme subject to the following conditions:

Conditions

1. This decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two year period, the approval shall lapse and be of no further effect.

2. Prior to the commencement of development works an urban water management

plan is to be prepared in accordance with the approved Lots 9,11,1000 and 1001 Holmes Street Southern River - Local Water Management Strategy (Hyd2o 2014) and to the satisfaction of the Western Australian Planning Commission on advice from the Department of Water and Environmental Regulation.

3. An Acid Sulfate Soils Self-assessment form and if required as a result of the self-

assessment, an Acid Sulfate Soils Report and Acid Sulfate Soils Management Plan shall be submitted to and approved by the Department of Water and Environmental Regulation before any development works are commenced. Where an Acid Sulfate Soils Management Plan is required to be submitted, all development works shall be carried out in accordance with the approved management plan.

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Advice Notes 1. This property is on a site where records confirm there is a history of military

activities that have resulted in residual UXO. A possibility exists that dangerous items of UXO may still be found on this site. Contact police if a suspicious item that may be UXO is found. Visit www.defence.gov.au/uxo for further information.

2. The applicant/landowner is advised that prior to construction or excavation works

to contact ‘Dial Before You Dig’ (Ph1100) to determine the location of buried gas infrastructure.

The Report Recommendation was put and CARRIED (4/1). For: Mr Ian Birch Ms Kym Petani Mr Peter McNab Cr Julie Brown Against: Cr Ron Mitchell REASON: In accordance with details contained in the Responsible Authority Report. 9. Form 2 – Responsible Authority Reports – Amending or cancelling DAP

development approval

Nil 10. Appeals to the State Administrative Tribunal and Supreme Court

The Presiding Member noted the following State Administrative Tribunal Applications and Supreme Court Appeals -

Current SAT Applications

LG Name Property Location Application Description

City of Gosnells

Lot 10 (7) Kelvin Road and Lots 6 (1910) and 12 (1914) Albany Highway, Maddington

Motor Vehicle Sales and Motor Vehicle Repair

City of Kalamunda

Lot 42 (116) Union Road, Carmel

Demolition of Existing Dwelling and Ancillary Structures, Construction of (Tourism Development) including Short Term Accommodation Micro-distillery (Gin Brewery), Restaurant, Apiculture and Single Dwelling

City of Armadale

Lot 560 (10) Third Road, Armadale

New Armadale Courthouse and Police Complex

City of Armadale

Lot 44 (2888) Albany Highway, Kelmscott

Convenience Store and Two Fast Food Outlets

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23 July 2019


Current Supreme Court Appeals

LG Name Property Location Application Description

City of Swan

Lot 357 (227) Morrison Road, Midvale

Proposed Shopping Centre, Service Station, Consulting Rooms, Recreation – Private and Fast Food Outlet

Shire of Serpentine Jarrahdale

Lot 12 (1537) Thomas Road and Lot 50 Nicholson Road, Oakford

Service Station

11. General Business / Meeting Close

The Presiding Member announced that in accordance with Section 7.3 of the DAP Standing Orders 2017 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment. There being no further business, the Presiding Member declared the meeting closed at 3:57pm.

metro east joint development assessment panel minutes... · 7.5 ms frances page-croft and mr justin...

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