ordinary meeting of council · 2016. 5. 10. · 17 - rezoning of lot 8456 astroloma place,...

CITY of SWAN

M I N U T E S

ORDINARY MEETING OF COUNCIL

01 MAY 2013

ATTENTION

These minutes are subject to confirmation.

Prior to acting on any resolution of the Council contained in these minutes, a check should be made of the minutes of the following Ordinary Meeting of Council to ensure

that there has not been a correction made to the resolution.

MINUTES AVAILABLE ON THE WEBSITE

www.swan.wa.gov.au

Ordinary Meeting of Council 01 May 2013

TABLE OF CONTENTS

PART A - OPENING PROCEDURES 6

1. OPENING AND ANNOUNCEMENT OF VISITORS 6

2. DISCLAIMER (READ ALOUD BY PRESIDING MEMBER) 6

3. ATTENDANCE AND APOLOGIES 6

4. ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE 7

5. DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS AFFECTING IMPARTIALITY 8

6. PUBLIC QUESTION TIME 8

7. PUBLIC STATEMENT TIME 10

8. LEAVE OF ABSENCE 10

9. PETITIONS, PRESENTATIONS AND DEPUTATIONS 11

10. CONFIRMATION OF MINUTES 12

11. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION 12

12. DECLARATIONS BY MEMBERS WHETHER THEY HAVE GIVEN DUE CONSIDERATION TO ALL MATTERS CONTAINED IN THE MINUTES PRESENTLY BEFORE THE MEETING 12

13. MEMBERS' QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION 12

14. MEMBERS' QUESTIONS OF WHICH NOTICE HAS NOT BEEN GIVEN WITHOUT DISCUSSION 13

15. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING 13

15.1 PROPOSED MULTIPLE DWELLINGS (16 UNITS) LOT 7 (NO.8) WILLIAM STREET, MIDLAND 13

15.2 PROPOSED GROUPED DWELLING ARRANGEMENT (120 SQM) - LOT 147 (NO.742) LORD STREET HENLEY BROOK 18

PART B - REPORTS 20

1. CORPORATE PLANNING AND POLICY 20

2. COMMUNITY PLANNING AND DEVELOPMENT 20

3. STATUTORY PLANNING 20

3.1 SCHEME AMENDMENT NO.91 TO LOCAL PLANNING SCHEME NO.17 TO UP-CODE LOT 450 LORD STREET, CAVERSHAM FROM 'RESIDENTIAL' (R20) TO 'RESIDENTIAL' (R30) 20

3.2 FINAL ADOPTION OF AMENDMENT NO. 97 TO LOCAL PLANNING SCHEME NO. 17 - REZONING OF LOT 8456 ASTROLOMA PLACE, KOONGAMIA TO RESIDENTIAL R35 21

3.3 PROPOSED GROUPED DWELLING - LOT 28 (NO. 4) AQUAVIVA CIRCLE, VIVEASH 22

3.4 PROPOSED DEMOLITION OF HERITAGE LISTED DWELLING (LYNWOOD HOMESTEAD) - LOT 3 (NO.18) GREAT NORTHERN HIGHWAY, MIDDLE SWAN 25


3.5 PROPOSED SHED AND COMMERCIAL VEHICLE PARKING - LOT 95 (NO. 42) DALGETY ROAD, MIDDLE SWAN 28

3.6 AMENDMENT TO OUTLINE DEVELOPMENT PLAN 155 REZONING LAND FROM "RESIDENTIAL" TO "RESIDENTIAL 'PRECINCT 1' AND 'PRECINCT 2'" 33

3.7 PROPOSED STRUCTURE PLAN (DEVELOPMENT PLAN 3) LOT 9054 MILLHOUSE ROAD AND LOT 9033 TURKICH PARADE, AVELEY 35

4. OPERATIONAL MATTERS 39

4.1 PROPOSED CANCELLATION OF 'PUBLIC UTILITY' RESERVE 44908 LOT 12715 BETWEEN EWART STREET AND EDDIE BARRON DRIVE, MIDLAND 39

4.2 PETITION - SPEED LIMIT REDUCTION ON OAKOVER ROAD, MIDDLE SWAN 39

4.3 PETITION - PEDESTRIAN CROSSING ON THE CRESCENT, MIDLAND 40

4.4 PETITION - ACROD PARKING IN KEANE STREET, MIDLAND 40

5. FINANCIAL AND LEGAL MATTERS 41

5.1 BUDGET ADJUSTMENTS 2012/13 41

5.2 SPECIFIED AREA RATE - HAZELMERE INDUSTRIAL AREA INFRASTRUCTURE 42

5.3 FINANCIAL MANAGEMENT REPORT - MARCH 2013 42

6. GOVERNANCE 43

6.1 LOCAL GOVERNMENT ORDINARY ELECTIONS 2013 43

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER 43

8. MOTION TO ADOPT THOSE ITEMS NOT WITHDRAWN 43

9. URGENT BUSINESS 43

PART C - OTHER BUSINESS AND CLOSING PROCEDURES 45

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 45

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING 45

3. CONFIDENTIAL ITEMS 45

4. CLOSURE 45


CITY of SWAN

ORDINARY COUNCIL

MEETING

PART A

OPENING PROCEDURES

01 MAY 2013


MINUTES OF THE ORDINARY MEETING OF COUNCIL

HELD AT MIDLAND TOWN HALL

ON WEDNESDAY 1 MAY 2013 COMMENCING AT 5.30PM

PART A - OPENING PROCEDURES

1. OPENING AND ANNOUNCEMENT OF VISITORS

The Mayor welcomed those present and opened the meeting at 5.30pm.

2. DISCLAIMER (read aloud by Presiding Member)

The City of Swan disclaims any liability for any loss arising from any person or body relying on any statement, discussion, recommendation or decision made during this meeting.

Where an application for an approval, a licence, or the like is considered or determined during this meeting the City warns that neither the applicant nor any other person or body should rely upon that discussion or determination until written notice of either an approval and the conditions which relate to it or the refusal of the application has been issued by the City.

Conditions of Entry: No audio recording, video recording, or photography is permitted within the premises. A person who breaches this condition of entry will be required to immediately leave the premises pursuant to the provisions of Section 6.1 of Council's Standing Orders Local Law 2010.

3. ATTENDANCE AND APOLOGIES

Councillors: Cr C Zannino Mayor, Swan Valley/Gidgegannup Ward (Presiding Member)

Cr M Wainwright Deputy Mayor, Altone Ward Cr D Färdig Altone Ward Cr D Lucas Altone Ward Cr M Congerton Ballajura Ward Cr M Haynes Ballajura Ward Cr J McNamara Ballajura Ward (entered at 5.35pm) Cr N Cheung Ellenbrook Ward Cr P Williams Ellenbrook Ward Cr T Williams Guildford Ward Cr M Elliott Midland Ward Cr S Gregorini Midland Ward Cr J Marino Midland Ward Cr K Bailey North Ward Cr D Trease Swan Valley/Gidgegannup Ward


Staff: Mr M Foley Chief Executive Officer Mr C Cameron Executive Manager Corporate Mr J Coten Executive Manager Operations

Mr S Tan Executive Manager Planning Mr M Bishop Executive Manager Place

Mr P Russell Manager Statutory Planning Mr R Sao Public Relations Coordinator Ms J Colli Planning Officer - Statutory Ms M Dwyer Governance Support Officer (Minute

Clerk)

Leave of Absence: Nil Apologies: Nil

Members of the Public: 40 (approximately)

Media: 2

4. ANSWERS TO QUESTIONS WHICH WERE TAKEN ON NOTICE

4.1 Mrs Janet Green submitted the following question:

Q1. Would the City of Swan consider giving all ratepayers 4 tip passes per year instead of doing kerbside pick-ups?

A1. A report on this subject will be prepared and submitted to a future Ordinary Council Meeting. Ms Janet Green has been informed via letter of this action.

4.2 Cr Marino

Q1. Cr Marino requested an update on the previously submitted petition regarding ACROD parking spaces on Keane Street and Great Eastern Highway outside the Swan Medical Centre, Midland.

A1. A report in response to this petition is included as an agenda item.

Q2. Cr Marino requested an update on the request to suitably mark the Police parking bays on the corner of Keane Street and Great Eastern Highway, Midland.

A2. Line marking for emergency vehicles was completed in December 2012 in accordance with approval from Main Roads WA.

4.3 Cr Congerton

Q1. Cr Congerton requested if the rotunda on Emu Lake, Ballajura could have appropriate security screening constructed as youths had been 'fishing for swans' from this location.

A1. The boardwalk fencing at Emu Lake has now been repaired.


5. DECLARATIONS OF FINANCIAL INTERESTS AND INTERESTS AFFECTING IMPARTIALITY

Cr Zannino disclosed an interest affecting impartiality in Item 3.4 of Part B - Proposed Demolition of Heritage Listed Dwelling (Lynwood Homestead) - Lot 3 (No.18) Great Northern Highway, Middle Swan by virtue of business relationship with two owners of the property.

6. PUBLIC QUESTION TIME

6.1 Questions relating to reports contained in the agenda

6.1.1 Questions of which due notice has been given in writing or previously taken on notice

Nil

6.1.2 Questions without notice

6.1.2.1 Mr Carl Aloi

Q1. Have Councillors been made aware that they can make a decision in regard to Item 3.4 without fear of legal consequence?

Q2. The CEO advised that he believed Councillors were aware of the legal consequences of making decisions but if not they are able to request information during debate on the item.

Cr John McNamara entered the Chamber at 5.35pm.

6.1.2.2 Ms Albana Nottle

Q1. In regard to Item 3.6 of the agenda, if and when will relevant representatives from the City of Swan and the developers (Stockland) meet with the owners of the adjacent properties, namely myself and Mr Asker on site to discuss proposed alterations to our properties?

A1. The CEO took the question on notice.

6.1.2.3 Mr Jeff Williams

Q1. In regard to Item 3.5 of the agenda, a submission was made some time ago and would like to know why I was not formally notified that this matter was to be considered at tonight's meeting?

A1. The Manager Statutory Planning advised that due to the ANZAC day public holiday there was an unavoidable delay in posting the letters. An officer attempted to contact all those who made a submission.


6.2 Other Questions

6.2.1 Questions of which due notice has been given in writing or previously taken on notice

Nil

6.2.2 Questions without notice

6.2.2.1 Mr Paul Noone asked the following questions in regard to the proposed sand extraction operation facility at Lot 5892 Maralla Road, Bullsbrook.

Q1. Can the City of Swan inform the residents affected by the proposed amendment to increase truck movements when they intend to begin consultation?

Q2. In connection with property values, I have been informed by the Western Australian Planning Commission they hold no consideration to the City of Swan decision. However, I am informed that the City has a duty to ensure no damage to property is caused through any decision made. I ask the City to conduct a structural survey on my property prior to any further truck movements taking place and monitor my property on an annual basis to ensure no damage has occurred through vibrations.

Q3. The noise levels created by excessive truck movements are in the opinion of the residents, a nuisance. I request the City undertake an acoustic study of the area along Warbrook Road route to ascertain the validity of our concerns and enable measures to be set in place to counter this nuisance.

Q4. Can residents and ratepayers have clarification as to who has the responsibility of funding the upgrades from Ellenbrook Road to Railway Parade as specified in the report contained in the agenda for the Ordinary Council Meeting on 3 February 2010.

A1-4. The CEO took all questions on notice.

6.2.2.2 Ms Anne Sibbel

Q1. If an applicant of a development proposal (or other) has a history of non compliance, do staff take this into account when assessing new applications. How does the City mitigate any further risk of non compliance?

A1. Manager Statutory Planning advised that staff are required to consider any application separate to any compliance issues. Compliance matters are treated on an individual basis.


6.2.2.3 Mr Robert Asker

Q1. In regard to Item 3.6 of the Agenda has consideration been given to upgrading Millhouse Road to West Swan Road including that intersection?

A2. The CEO advised that yes, as agreed to by the applicant, they were required to join sections and widen parts of Millhouse Road and construct access to The Vines. There is no work proposed at the roundabout.

6.2.2.4 Mr Bruce Watt

Q1. In regard to Item 3.1 of the Agenda, I am concerned about the volume of traffic on Lord Street. Has the City assessed traffic flow on Lord Street in the past 12 to 24 months and has this been considered as part of the amendment?

A2. The CEO took the question on notice.

7. PUBLIC STATEMENT TIME

7.1 Mr Ross Gundry, Swan Valley tour operator

Mr Gundry believes the Swan Valley is a precious, unique area with significant history and that while development will occur, public open space requires protection. He requested Councillors consider this when making decisions on public open space. Mr Gundry gave credit to the City of Swan for their involvement in tourism over the past eight to ten years.

7.2 Mr Jerry Horgan, owner of Bells Cottage, Belhus

Mr Horgan expressed concern that the proposal contained at Item 3.7 will destroy the 19th century ambience of the Cottage. The Cottage is a link with early colonial history and he advised that his main concern was that the proposal would create a visual intrusion on the area.

8. LEAVE OF ABSENCE

RESOLVED UNANIMOUSLY that the following Councillors be granted leave of absence for the period requested:

Cr T Williams 8 May 2013 and 15 May 2013 Guildford Ward

Cr McNamara 8 May 2013 to 9 May 2013 (inclusive) Ballajura Ward

Cr Bailey 30 May 2013 to 7 June 2013 (inclusive) North Ward 19 July 2013 to 22 July 2013 (inclusive) 10 August 2013 to 17 August 2013 (inclusive)

Cr Congerton 20 June 2013 to 20 July 2013 (inclusive) Ballajura Ward

(Cr Lucas - Cr P Williams)


9. PETITIONS, PRESENTATIONS AND DEPUTATIONS

9.1 Petitions

9.1.1 Petition containing 448 signatures objecting to the proposed increase in truck movements on Warbrook Road to Great Northern Highway by Urban Resources and requesting the City enforce Urban Resources utilise a direct route south through to Gnangara Road.

RESOLVED UNANIMOUSLY that the above petition be dealt with as part of the report to be presented back to Council on the proposed increase in operation volumes of approved extractive industry at Lot 5892 Maralla Road, Bullsbrook.

(Cr Congerton - Cr T Williams)

9.2 Presentations

Cr Wainwright presented a vase gifted to the City by the Consulate General of the Socialist Republic of Vietnam at his recent meeting with the Mayor and CEO.

9.3 Deputations

9.3.1 Item 3.4 - Proposed Demolition of Heritage Listed Dwelling (Lynwood Homestead) - Lot 3 (No.18) Great Northern Highway, Middle Swan

Cr Zannino disclosed an interest affecting impartiality in Item 3.4 by virtue of a business relationship with two owners of the property.

Cr Zannino left the Chamber at 5.55pm and did not speak or otherwise participate in the decision making process.

In the absence of the presiding member, Cr Wainwright took the role of Presiding Member in accordance with the Standing Orders Local Law 2010.

(a) Mr Carl Aloi (applicant) speaking against the recommendation.

Cr Zannino entered the Chamber at 6.12pm and resumed the position of Presiding Member.

9.3.2 Item 3.5 - Proposed Shed and Commercial Vehicle Parking - Lot 95 (No. 42) Dalgety Road, Middle Swan

(a) Mr Barry Arthur speaking against the recommendation.

(b) Mr Bradley Raye speaking against the recommendation.

(c) Mr Clint Sorensen (adjoining landowner) speaking against the recommendation.

Cr Haynes left the Chamber at 6.28pm.

Cr Haynes entered the Chamber at 6.30pm.

(d) Ms Marissa Fulwood (applicant) speaking for the recommendation.


9.3.3 Item 3.7 - Proposed Structure Plan (Development Plan 3) Lot 9054 Millhouse Road and Lot 9033 Turkich Parade, Aveley

Cr Färdig left the Chamber at 6.36pm.

(a) Ms Susan Hall (on behalf of Belhus residents, landowners and agriculturists) speaking against the recommendation.

Cr Färdig entered the Chamber at 6.38pm.

(b) Mr Alfred Edgecombe speaking against the recommendation.

(c) Mr Damien Long, Stockland (landowner), speaking in regard to stormwater disposal into Lake Yakine.

(d) Ms Jane Bennett, Director, CLE Town Planning and Design (on behalf of the landowner) speaking for a major part of the recommendation (against part 1a).

10. CONFIRMATION OF MINUTES

10.1 Confirmation of Minutes of Ordinary Meeting of Council held on 10 April 2013.

RESOLVED UNANIMOUSLY that the Minutes of the Ordinary Meeting of Council held on 10 April 2013 be confirmed.

(Cr Congerton - Cr Bailey)

11. ANNOUNCEMENTS BY THE MAYOR WITHOUT DISCUSSION

Nil

12. DECLARATIONS BY MEMBERS WHETHER THEY HAVE GIVEN DUE CONSIDERATION TO ALL MATTERS CONTAINED IN THE MINUTES PRESENTLY BEFORE THE MEETING

All Councillors present declared that they had given due consideration to all matters contained in the agenda before the meeting.

13. MEMBERS' QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN WITHOUT DISCUSSION

Nil


14. MEMBERS' QUESTIONS OF WHICH NOTICE HAS NOT BEEN GIVEN WITHOUT DISCUSSION

Nil

15. ANY BUSINESS LEFT OVER FROM PREVIOUS MEETING

15.1 PROPOSED MULTIPLE DWELLINGS (16 UNITS) LOT 7 (NO.8) WILLIAM STREET, MIDLAND

Ward: (Midland Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning)

RECOMMENDATION

That the Council resolve to:

1) Refuse the application for 16 multiple dwellings at Lot 7 (No.8) William Street, Midland for the following reason:

(i) The proposal, by way of no provision for integrated vehicular access with adjoining land, prejudices options for integrated access and shared parking which forms part of the intent for a structure plan for the zone;

2) Advise those who lodged submissions of the Council's decision accordingly.

MOTION that the Council resolve to:

1) Approve the application for 16 multiple dwellings at Lot 7 (No.8) William Street, Midland, inclusive of the variations to the Acceptable Development provisions of Parts 7.1.4 and 7.4.1 of the Residential Design Codes of Western Australia, subject to the following conditions:

1. This approval is for sixteen “Multiple Dwellings", as defined in the City’s Local

Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. Provision of permanent vertical screening to the northern sides of the balconies of proposed units 14 and 15, to a height of 1.6 metres above the finished floor levels of those balconies.

3. A Notification under Section 70A of the Transfer of Land Act 1893 must be registered over the certificate of title to the land the subject of the proposed development prior to the lodgement of an application for a building permit to notify owners and prospective purchasers of the land that the land is located above the 20 ANEF Contour as identified by Figure


1 of Western Australian Planning Commission Statement of Planning Policy 5.1 and may be affected by aircraft noise.

The Section 70A Notification can be prepared by the City’s solicitors (currently McLeods, 220-222 Stirling Highway, Claremont - Ph 9383 3133) to the satisfaction of the City of Swan or it can be prepared and lodged at Landgate with the assistance of the City and all costs of and incidental to the preparation of and registration of the Section 70A Notification including the City’s solicitors’ costs (if applicable) shall be met by the applicant or the owner of the land.

4. The parapet wall and footings shall be constructed inside the allotment.

5. The surface of the parapet wall shall be finished to a professional standard (i.e. have raked/rolled joints or an even render finish), to complement the dwelling on the adjoining lot (green title), to the satisfaction of the Principal Planner.

6. Cadastral lot boundaries shall be established on the site prior to the lodgement of a Building Permit application.

7. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

8. The development must be connected to the Water Corporation’s sewer.

9. All pavement on the site must be capable of accepting anticipated loadings (including accessways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.

10. Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

11. All stormwater produced from this property including subsoil drainage is to be collected and disposed into the City’s drainage system in accordance with the City’s requirements. Invert level at point of connection is 10.00 (A.H.D.) - Builder to confirm.

12. No fluid, other than uncontaminated stormwater is to enter any stormwater drain without prior approval from the City and the Environmental Protection Authority.

13. As the development is within the Midland District Drainage Area, a drainage contribution of $9,422.58 is required. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment shall be made prior to the clearance of subdivision conditions or prior to the lodgement of a Building Permit application and prior to any work commencing on the site.

14. All crossovers must be built and maintained in accordance with City's specifications.

15. All construction works within the road reserve including crossovers, drainage infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be built and maintained in accordance with the City's


specifications. Failure to do so may result in these works being removed and reinstated by the City at the applicant's expense.

At occupancy, the owner is responsible for the maintenance of the crossover, landscaping and reticulation in the verge.

16. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

17. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

18. In order to comply with the City of Swan Provision of Public Art Policy PO-LP-1.10, the owner(s) or applicant on behalf of the owner(s) shall within 28 days of the grant of this approval elect either;

i) To pay to the City the sum of ($28,300) which equates to 1% of the Construction Cost of the development, in lieu of providing on-site Public Art (Option 1); or

ii) Seek approval from the City for an artist to provide Public Art on the development site to a minimum value of ($28,300) (Option 2)

If the election is Option 1, the cash-in-lieu amount must be paid to the City on the earlier of the date specified in an invoice issued by the City, or when an application is made for a building licence for the development the subject of the approval.

If the election is Option 2:

i) the owner(s) or applicant on behalf of the owner(s) within a further 28 days following the election (or such longer period agreed by the City) must seek approval from the City for a specific Public Art work including the artist proposed to undertake the work. The City may apply further conditions regarding the proposed Public Art;

ii) no part of the development may be occupied or used unless the Public Art has been installed in accordance with an approval granted by the City;

iii) the Public Art approved must be maintained during the continuation of the development; and

iv) prior to the grant of a building licence a Notification pursuant to section 70A of the Transfer of Land Act must be lodged against the certificate of title to the land on which the development is to be carried out, to make the proprietors and prospective purchasers aware of the preceding condition.

2) Note the reason for changing the staff recommendation was that the item was deferred at the Ordinary Council Meeting on 27 February 2013 to request the applicant modify the proposed development in order to make provision for four (4) visitor car parking bays within the site. That request has been fulfilled and therefore Council should grant approval to the proposal.

(Cr Marino - Cr Trease)


RESOLVED UNANIMOUSLY TO:

1) Approve the application for 16 multiple dwellings at Lot 7 (No.8) William Street, Midland, inclusive of the variations to the Acceptable Development provisions of Parts 7.1.4 and 7.4.1 of the Residential Design Codes of Western Australia, subject to the following conditions:

1. This approval is for sixteen “Multiple Dwellings", as defined in the City’s Local

Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. Provision of permanent vertical screening to the northern sides of the balconies of proposed units 14 and 15, to a height of 1.6 metres above the finished floor levels of those balconies.

3. A Notification under Section 70A of the Transfer of Land Act 1893 must be registered over the certificate of title to the land the subject of the proposed development prior to the lodgement of an application for a building permit to notify owners and prospective purchasers of the land that the land is located above the 20 ANEF Contour as identified by Figure 1 of Western Australian Planning Commission Statement of Planning Policy 5.1 and may be affected by aircraft noise.



5. The surface of the parapet wall shall be finished to a professional standard (i.e. have raked/rolled joints or an even render finish), to complement the dwelling on the adjoining lot (green title), to the satisfaction of the Principal Planner.

6. Cadastral lot boundaries shall be established on the site prior to the lodgement of a Building Permit application.


8. The development must be connected to the Water Corporation’s sewer.

9. All pavement on the site must be capable of accepting anticipated loadings (including accessways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.

10. Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

11. All stormwater produced from this property including subsoil drainage is to be collected and disposed into the City’s drainage system in accordance with the


City’s requirements. Invert level at point of connection is 10.00 (A.H.D.) - Builder to confirm.

12. No fluid, other than uncontaminated stormwater is to enter any stormwater drain without prior approval from the City and the Environmental Protection Authority.

13. As the development is within the Midland District Drainage Area, a drainage contribution of $9,422.58 is required. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment shall be made prior to the clearance of subdivision conditions or prior to the lodgement of a Building Permit application and prior to any work commencing on the site.


15. All construction works within the road reserve including crossovers, drainage infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be built and maintained in accordance with the City's specifications. Failure to do so may result in these works being removed and reinstated by the City at the applicant's expense.

At occupancy, the owner is responsible for the maintenance of the crossover, landscaping and reticulation in the verge.



18. In order to comply with the City of Swan Provision of Public Art Policy PO-LP-1.10, the owner(s) or applicant on behalf of the owner(s) shall within 28 days of the grant of this approval elect either;

i) To pay to the City the sum of ($28,300) which equates to 1% of the Construction Cost of the development, in lieu of providing on-site Public Art (Option 1); or

ii) Seek approval from the City for an artist to provide Public Art on the development site to a minimum value of ($28,300) (Option 2)

If the election is Option 1, the cash-in-lieu amount must be paid to the City on the earlier of the date specified in an invoice issued by the City, or when an application is made for a building licence for the development the subject of the approval.

If the election is Option 2:

i) the owner(s) or applicant on behalf of the owner(s) within a further 28 days following the election (or such longer period agreed by the City) must seek approval from the City for a specific Public Art work


including the artist proposed to undertake the work. The City may apply further conditions regarding the proposed Public Art;

ii) no part of the development may be occupied or used unless the Public Art has been installed in accordance with an approval granted by the City;

iii) the Public Art approved must be maintained during the continuation of the development; and

iv) prior to the grant of a building licence a Notification pursuant to section 70A of the Transfer of Land Act must be lodged against the certificate of title to the land on which the development is to be carried out, to make the proprietors and prospective purchasers aware of the preceding condition.

2) Note the reason for changing the staff recommendation was that the item was deferred at the Ordinary Council Meeting on 27 February 2013 to request the applicant modify the proposed development in order to make provision for four (4) visitor car parking bays within the site. That request has been fulfilled and therefore Council should grant approval to the proposal.

15.2 PROPOSED GROUPED DWELLING ARRANGEMENT (120 SQM) - LOT 147 (NO.742) LORD STREET HENLEY BROOK

Council at its meeting held on 10 April 2013, resolved to defer this matter to the Ordinary Council Meeting to be held on 22 May 2013 to allow investigation by City staff and the applicant to determine whether an ancillary accommodation proposal is possible on the site.

RESOLVED UNANIMOUSLY that the information be noted in relation to item 15.2 above.

(Cr Elliott - Cr Cheung)


CITY of SWAN

ORDINARY COUNCIL

MEETING

PART B

REPORTS

01 MAY 2013


PART B - REPORTS

1. CORPORATE PLANNING AND POLICY

Nil

2. COMMUNITY PLANNING AND DEVELOPMENT

Nil

3. STATUTORY PLANNING

3.1 SCHEME AMENDMENT NO.91 TO LOCAL PLANNING SCHEME NO.17 TO UP-CODE LOT 450 LORD STREET, CAVERSHAM FROM 'RESIDENTIAL' (R20) TO 'RESIDENTIAL' (R30)

Ward: (Swan Valley/Gidgegannup) (Statutory Planning)



RECOMMENDATION


1) Grant final approval to Amendment No.91 to Local Planning Scheme No. 17 which proposes the re-coding of Lot 405 Lord Street, Caversham from 'Residential' 9R20) to 'Residential' (R30) without modification.

2) Forward the Amendment documents and the Schedule of Submissions to the Western Planning Commission with a request that the Minister for Planning grant final approval without modification.

3) Advise those who lodged a submission of Council's decision accordingly.

CARRIED


3.2 FINAL ADOPTION OF AMENDMENT NO. 97 TO LOCAL PLANNING SCHEME NO. 17 - REZONING OF LOT 8456 ASTROLOMA PLACE, KOONGAMIA TO RESIDENTIAL R35




RECOMMENDATION


1) Adopt Scheme Amendment No. 97 to Local Planning Scheme No. 17 to rezone Lot 8456 Astroloma Place, Koongamia from "Parks and Recreation" to "Residential R 35".

2) Amend the Scheme Maps accordingly.

3) Receive the comments outlined within the Schedule of Submissions.

4) Forward the amendment to the Western Australian Planning Commission with a request that the Hon. Minister for Planning grant final approval.

5) Advise the applicant and those who lodged a submission of Councils decision accordingly.

CARRIED


3.3 PROPOSED GROUPED DWELLING - LOT 28 (NO. 4) AQUAVIVA CIRCLE, VIVEASH




RECOMMENDATION


1) Approve the proposed two grouped dwellings on Lot 28 (No. 4) Aquaviva Circle, Viveash, subject to the following conditions:

1. This approval is for a “Grouped Dwelling” as defined in the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. A Notification under Section 70A of the Transfer of Land Act 1893 must be registered over the certificate of title to the land the subject of the proposed development prior to the lodgement of an application for a building permit to notify owners and prospective purchasers of the land that the land is located above the 20 ANEF Contour as identified by Figure 1 of Western Australian Planning Commission Statement of Planning Policy 5.1 and may be affected by aircraft noise.



4. The surface of the parapet walls shall be finished to a professional standard (i.e. have raked/rolled joints or an even render finish), to complement the dwelling on the adjoining lot (green title), to the satisfaction of the Principal Planner.


6. All stormwater produced from this property including subsoil drainage is to be collected and disposed into the City’s drainage system via a silt trap in accordance with the City’s requirements. The invert level at connection is 7.19 (AHD).

7. As the development is within the Midland District Drainage Area, a drainage contribution of $2652.65 is required. This fee is to contribute towards the


upgrade and supply of an adequate drainage service within the area. Payment shall be made prior to the clearance of subdivision conditions or prior to the lodgement of a Building Permit application and prior to any work commencing on the site.

8. Earthworks, footings and/or structures are not to extend over any lot boundaries.

9. The development must be connected to the Water Corporation’s sewer where available.




Advice Notes

a) This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building permit or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents, permits and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

b) Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

c) This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

d) Take notice that it is the responsibility of the applicant to advise the landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Permit until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).

e) The property is situated in the vicinity of Perth International Airport and is currently affected, or may in the future be affected, by aircraft noise. Noise exposure levels are likely to increase in the future as a result of increases in numbers of aircraft using the airport, changes in aircraft type or other operational changes. Further information about aircraft noise, including development


restrictions and noise insulation requirements for noise-affected property, is available on request from the relevant local government offices.

f) In accordance with the Building Act 2011 and Building Regulations 2012, a Building Permit application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

g) To enable your Building Permit application to be assessed promptly, please ensure a complete application is submitted to the City.

To assist in preparing a complete Building Permit application refer to the City of Swan Website (www.swan.wa.gov.au) and follow the links to Building Services - Applicant Checklists.

If you require assistance, please contact Customer Services on 9267 9267.

h) The proposed development is required to comply in all respects with the Building Code of Australia and Health (Public Buildings) Regulations 1992. Plans and specifications which reflect these requirements are required to be submitted with the Building Permit application.

The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.

No works shall commence prior to 7.00 am without the City’s approval.

i) The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.

j) The applicant is required to ensure the development enables the placement of the required number of refuse and recycling mobile garbage bins on the nominated collection day in a manner accessibly to the City’s Waste Services. The applicant should seek advice from the City’s Wastes Services as to its operational requirements.

k) The City of Swan is authorised and liable for the maintenance and repair of roads under its control within its boundary and pursuant to Section 84 of the Road Traffic Act. The City is authorised to recover costs from the applicant, for the repair and maintenance of these roads if any damage is caused as part of this development to the kerb, footpath, drainage pits, stormwater system, landscaping or signs located within the road reserve.

CARRIED


3.4 PROPOSED DEMOLITION OF HERITAGE LISTED DWELLING (LYNWOOD HOMESTEAD) - LOT 3 (NO.18) GREAT NORTHERN HIGHWAY, MIDDLE SWAN




Cr Zannino disclosed an interest affecting impartiality in Item 3.4 of Part B - Proposed Demolition of Heritage Listed Dwelling (Lynwood Homestead) - Lot 3 (No.18) Great Northern Highway, Middle Swan by virtue of business relationship with two owners of the property.

Cr Zannino left the Chamber at 7.00pm and did not speak or otherwise participate in the decision making process.

In the absence of the presiding member, Cr Wainwright took the role of Presiding Member in accordance with the Standing Orders Local Law 2010.

RECOMMENDATION


1) Refuse planning approval for the demolition of the dwelling known as ‘Lynwood Homestead’ located on Lot 3 (No. 18) Great Northern Highway, Middle Swan, for the following reasons:

a. The dwelling is a place of heritage significance, as identified by its inclusion on the City of Swan’s Heritage List and the State Register of Heritage Places;

b. The Heritage Council of Western Australia have advised that the proposed demolition is not supported, and the City of Swan has no reason to refute this advice as there are considered to be feasible and prudent alternatives to the proposed demolition; and

c. The applicant has provided insufficient justification to demonstrate that no feasible or prudent alternative to demolition is available.

2) Notify the applicant that the City of Swan is willing to consider any feasible option for retention and restoration of the homestead, including the potential subdivision and development of portions of the subject lot and the granting of any reasonable concessions that may be available to the landowners.

3) Notify the applicant and the Heritage Council of WA of Council’s decision accordingly.


MOTION that Council resolve to:

1) Approve the application for the demolition of 'Lynwood Homestead' at Lot 3 (No.18) Great Northern Highway, Middle Swan, for the following reasons:

a) The Council is of the view that the estimated cost to restore the dwelling, as provided in the quote (Building Workshop Pty. Ltd.) obtained by the applicant, is of such an extraordinary magnitude as to be prohibitive from a cost-effective point of view, thereby rendering such restoration not feasible; and

b) In the absence of restoration, retention of a dilapidated structure, that will continue to deteriorate and potentially present a safety issue to the community as well as a focus for anti-social activities, is not considered a prudent alternative.

2) Note that the decision to approve demolition is taken with great reluctance and in this instance as a last resort that acknowledges past failures, over a period of a decade, to negotiate support from the Heritage Council for a redevelopment concept that would retain 'Lynwood Homestead'.

(Cr Färdig - Cr Congerton)

FORESHADOWED MOTION

In the event of the motion being defeated, Cr T Williams foreshadowed that he would move:


1) Refuse planning approval for the demolition of the dwelling known as ‘Lynwood Homestead’ located on Lot 3 (No. 18) Great Northern Highway, Middle Swan, for the following reasons:

a) The dwelling is a place of heritage significance, as identified by its inclusion on the City of Swan’s Heritage List and the State Register of Heritage Places; and

b) The Heritage Council of Western Australia have advised that the proposed demolition is not supported.

2) Request that the Heritage Council of Western Australia exercise the powers conferred upon it under section 8(f) of the Heritage of Western Australia Act 1990 and acquire by agreement, or otherwise compulsorily, the place known as 'Lynwood Homestead' for the purposes of securing satisfactory arrangements for its conservation.

3) Notify the applicant and the Heritage Council of WA of Council's decision accordingly.


RESOLVED (11/3) TO:

1) Approve the application for the demolition of 'Lynwood Homestead' at Lot 3 (No.18) Great Northern Highway, Middle Swan, for the following reasons:

a) The Council is of the view that the estimated cost to restore the dwelling, as provided in the quote (Building Workshop Pty. Ltd.) obtained by the applicant, is of such an extraordinary magnitude as to be prohibitive from a cost-effective point of view, thereby rendering such restoration not feasible; and

b) In the absence of restoration, retention of a dilapidated structure, that will continue to deteriorate and potentially present a safety issue to the community as well as a focus for anti-social activities, is not considered a prudent alternative.

2) Note that the decision to approve demolition is taken with great reluctance and in this instance as a last resort that acknowledges past failures, over a period of a decade, to negotiate support from the Heritage Council for a redevelopment concept that would retain 'Lynwood Homestead'.

Cr T Williams requested names be recorded.

For: Crs Bailey, Cheung, Congerton, Fardig, Gregorini, Haynes, Lucas, McNamara, Marino, Trease, P Williams.

Against: Crs Elliott, Wainwright and T Williams.

Cr Zannino returned to the Chamber at 7.20pm and resumed the position of Presiding Member.


3.5 PROPOSED SHED AND COMMERCIAL VEHICLE PARKING - LOT 95 (NO. 42) DALGETY ROAD, MIDDLE SWAN

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)



RECOMMENDATION

That the Council resolves to:

1) Approve the application for the proposed shed and the parking of two trucks and one trailer on Lot 95 (No.42) Dalgety Road, Middle Swan subject to the following conditions:

a) This approval is only for the occupier of Lot 95 (No.42) Dalgety Road, Middle Swan who must also be:

(i) The owner of; or

(ii) The driver of; or

(iii) The proprietor of a business which owns or operates every commercial vehicle which is to be parked or garaged there.

b) This approval is for a shed and for the parking of "commercial vehicles", being two trucks and one trailer, as defined in the City's Local Planning Scheme No. 17 and the subject land may not be used for any other use without the prior approval of the City.

c) The shed is not to be used for human habitation.

d) The commercial vehicles shall be parked in a location to the middle of the property behind the shed and screened from view of the adjacent properties by planted vegetation or fencing in a treatment to be submitted to the Chief Executive Officer for prior approval.

e) Hours of operation of the commercial vehicles shall be restricted to between 6am and 6pm.

f) Maintenance of the commercial vehicles is limited to minor work which will not cause a significant impact on the adjoining properties and must not be undertaken prior to 7:00am.

g) Cadastral lot boundaries shall be established on the site prior to the lodgement of the Building Permit application.

h) A detailed Drainage Management Plan, certified by a suitably qualified engineer or hydraulic consultant is to be submitted to the City of Swan prior to the commencement of earthworks. All stormwater produced on the site shall be disposed of on the site to the satisfaction of the Chief


Executive Officer. All earthworks and/or associated drainage details shall be in accordance with plans and specifications approved by the Chief Executive Officer.

i) Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES

i. Any planning approval granted for the parking of commercial vehicle is not an approval for the vehicle to use the road network or for any other purpose. Applicants with Restricted Access Vehicles (RAVs) should seek a separate approval from the relevant authority (MRWA) for the operation of these vehicles within the road network. It is the responsibility of the owner to obtain the necessary permit which is separate from any Council approval under its Planning Scheme for the parking of a commercial vehicle.

ii. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.



iii. This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

iv. This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

v. The Application for Approval to Construct or Install an Apparatus for the Treatment of Sewage Form and the required fee is to accompany the Building Licence application.

vi. The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City's Principal Environmental Health Officer if it is considered that a nuisance exists.


vii. In accordance with the Building Act 2011 and Building Regulations 2012, a Building Permit application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

viii. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

ix. All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.

x. No works shall commence prior to 7.00 am without the City’s approval.

2) Advise all submitters of Council's decision accordingly.


1) To support the staff recommendation as presented but with the following amendments:

a. Amend Condition e) to read:

"e) Hours of operation of the commercial vehicles shall be restricted to between 6.30am and 6pm Monday to Friday."

b. Insert Condition g) as follows:

"g) No loading or unloading of the trucks in relation to the applicants' business to take place at the property"

c. Renumber all conditions after g).

2) Note the reason for changing the staff recommendation is to better reflect the community's concerns regarding the proposal.

(Cr Trease - Cr Cheung)

RESOLVED (11/4) TO:

1) Approve the application for the proposed shed and the parking of two trucks and one trailer on Lot 95 (No.42) Dalgety Road, Middle Swan subject to the following conditions:

a) This approval is only for the occupier of Lot 95 (No.42) Dalgety Road, Middle Swan who must also be:

(i) The owner of; or

(ii) The driver of; or

(iii) The proprietor of a business which owns or operates every commercial vehicle which is to be parked or garaged there.


b) This approval is for a shed and for the parking of "commercial vehicles", being two trucks and one trailer, as defined in the City's Local Planning Scheme No. 17 and the subject land may not be used for any other use without the prior approval of the City.

c) The shed is not to be used for human habitation.

d) The commercial vehicles shall be parked in a location to the middle of the property behind the shed and screened from view of the adjacent properties by planted vegetation or fencing in a treatment to be submitted to the Chief Executive Officer for prior approval.

e) Hours of operation of the commercial vehicles shall be restricted to between 6.30am and 6pm.

f) Maintenance of the commercial vehicles is limited to minor work which will not cause a significant impact on the adjoining properties and must not be undertaken prior to 7:00am.

g) No loading or unloading of the trucks in relation to the applicants' business to take place at the property

h) Cadastral lot boundaries shall be established on the site prior to the lodgement of the Building Permit application.

i) A detailed Drainage Management Plan, certified by a suitably qualified engineer or hydraulic consultant is to be submitted to the City of Swan prior to the commencement of earthworks. All stormwater produced on the site shall be disposed of on the site to the satisfaction of the Chief Executive Officer. All earthworks and/or associated drainage details shall be in accordance with plans and specifications approved by the Chief Executive Officer.

j) Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES

i. Any planning approval granted for the parking of commercial vehicle is not an approval for the vehicle to use the road network or for any other purpose. Applicants with Restricted Access Vehicles (RAVs) should seek a separate approval from the relevant authority (MRWA) for the operation of these vehicles within the road network. It is the responsibility of the owner to obtain the necessary permit which is separate from any Council approval under its Planning Scheme for the parking of a commercial vehicle.

ii. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.




iii. This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

iv. This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

v. The Application for Approval to Construct or Install an Apparatus for the Treatment of Sewage Form and the required fee is to accompany the Building Licence application.

vi. The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City's Principal Environmental Health Officer if it is considered that a nuisance exists.

vii. In accordance with the Building Act 2011 and Building Regulations 2012, a Building Permit application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

viii. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

ix. All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.

x. No works shall commence prior to 7.00 am without the City’s approval.

2) Advise all submitters of Council's decision accordingly.

3) Note the reason for changing the staff recommendation is to better reflect the community's concerns regarding the proposal.

Cr Trease requested names be recorded.

For: Crs Bailey, Cheung, Congerton, Elliott, Haynes, Lucas, Trease, Wainwright, P Willliams, T Williams and Zannino.

Against: Crs Färdig, Gregorini, McNamara and Marino.


3.6 AMENDMENT TO OUTLINE DEVELOPMENT PLAN 155 REZONING LAND FROM "RESIDENTIAL" TO "RESIDENTIAL 'PRECINCT 1' AND 'PRECINCT 2'"

Ward: (Ellenbrook Ward) (Statutory Planning)



RECOMMENDATION


1) Request the applicant to make the following modifications to Outline Development Plan 155 of December 2012 and associated documentation:

a) Amend setback requirements for garages in tables 6A and 6B as follows:

"Garages shall be set back a minimum of 4.5 metres from the primary street.

The garage setback may be reduced to a minimum of 4.0 metres from the primary street, where a footpath has not been installed within the verge at the front of the property boundary".

b) Amend the Structure Plan statutory text (Section 10) to insert the land uses of 'Display Home Centre' and 'Residential Sales Office' as ‘D’ uses in the Residential zone

c) Amend Statutory Plan S2 to remove 'Dwelling Single' as an 'AA' use within the Special - Use Neighbourhood Zone.

d) Amend the statutory plans to include a bushfire hazard assessment for the lots subject to this amendment and a plan detailing the Bushfire Attack Level (BALs) in accordance with Planning for Bushfire Protection Guidelines 2010.

e) Include the following text as a disclaimer on the statutory plans:

"Notwithstanding any statement to the contrary within AS3959-2009, (or relevant equivalent) any Class 1, 2, or 3 buildings or a Class 10a building or deck associated with a Class 1, 2, or 3 building to be erected on residential lots within Development Plan Two, that are either partly or wholly within 100 metres of the ‘extreme’ or ‘moderate’ Bush fire Risk areas as identified in ‘Figure 3 – Fire Management Risk’ or Appendix D, shall comply with the requirements of AS3959-2009, or equivalent Australian Standard".

f) Amend the Appendices for DP2 to include a new Fire Management Plan prepared in accordance with the Guidelines applicable to the amended portion of the ODP. The FMP is required to include maps providing the pre-subdivision fire hazard assessment and the post-subdivision fire hazard assessment.


g) Amend Statutory Figure S3 to include the following notation:

"The proponent is authorised by the City to fill those portions of Lots 767 and 766 Taittinger Grove subject of its drainage easement, to a level of +RL 29.00, to facilitate provision of a 1.8 metre retaining wall wholly within the boundaries of the proponents land, subject to the proponent installing, at their full cost, an alternative (piped) drainage arrangement to the satisfaction of the Chief Executive Officer".

2) Following satisfactory modifications, forward the Vale Development Plan 2 (ODP155), public submissions received during the public advertising and referral period to the WA Planning Commission and request adoption of the Plan by the WA Planning Commission in accordance with Schedule 4 “Special Use Zone 4 - Ellenbrook Estate”.


1) Defer the item until the Ordinary Council Meeting of 22 May.

2) Record the reason for changing the staff recommendation is to allow the owner of the subject area to discuss the proposal with adjoining landowners.

(Cr Marino - Cr Bailey)

RESOLVED UNANIMOUSLY TO:

1) Defer the item until the Ordinary Council Meeting of 22 May 2013.

2) Record the reason for changing the staff recommendation is to allow the owner of the subject area to discuss the proposal with adjoining landowners.


3.7 PROPOSED STRUCTURE PLAN (DEVELOPMENT PLAN 3) LOT 9054 MILLHOUSE ROAD AND LOT 9033 TURKICH PARADE, AVELEY

Ward: (Ellenbrook Ward) (Statutory Planning)



RECOMMENDATION


1) Request the applicant to make the following modifications to the draft Vale Development Plan 3 (DP3) of April 2013 and associated documentation:

a) Modify the proposed coding of the lots at the interface with the Ellen Brook from the proposed Residential R5 coding to a Residential R2.5/5 coding with a supplementary provision as follows: "Development of the interface area shall include a mix of lots in the range of 2000-4000m2 and ensuring an average lot size across this area of 3000m2".

b) Amend setback requirements for garages in tables 6A and 6B as follows: (i) Garages shall be set back a minimum of 4.5 metres from the primary

street.

(ii) The garage setback may be reduced to a minimum of 4.0 metres from the primary street, where a footpath has not been installed within the verge at the front of the property boundary.

c) Amend vale development Plan 3: Plan A to include designation of bushfire prone areas within the Plan area.

d) Insert as a supplementary Vale Development Plan 3: Plan B a Bushfire Attack Level (BAL) assessment in accordance with 'Planning for Bushfire Protection Guidelines (Ed.2)' with the inclusion of the following notation: "Notwithstanding any statement to the contrary within AS3959-2009, (or relevant equivalent) any Class 1, 2, or 3 buildings or a Class 10a building or deck associated with a Class 1, 2, or 3 building to be erected on residential lots within Development Plan Three, that are either partly or wholly within 100 metres of the ‘extreme’ or ‘moderate’ Bush fire Risk areas as identified in ‘Figure 3 – Fire Management Risk’ or Appendix D, shall comply with the requirements of AS3959-2009, or equivalent Australian Standard".

e) Modify the Fire Management Plan included in Part 3; Appendix 8 to detail: (i) A pre-subdivision fire hazard assessment; and


(ii) A post-subdivision fire hazard assessment, inclusive of details on the clearing and selected revegetation of proposed public open space areas.

f) The Local Water Management Strategy shall be amended as follows:+ (i) Amend Figure 15 of the LWMS so the outlet from Basin C4 goes

through the future Gnangara Road Deviation through Stockland's land instead of through a private property; and

(ii) The post development monitoring period in Table 9 shall be 5 years as

per the City's POL-C-104 - Environmental Planning Policy (Clause 2.3.2.25)

g) Section 3.4 of the Part Two of the explanatory report, and specifically the Liveable Neighbourhoods POS Calculation (Table 8), to be updated as follows: i) The LN public open space calculation (table 8) to be modified to

exclude MUC 4 as unrestricted public open space (and therefore receiving a credit) due to its primary function as a drainage area.

2) Following satisfactory modifications, forward the Vale Development Plan 3 (SP026), public submissions and agency advice received during the public advertising and referral period to the WA Planning Commission and request adoption of the Plan by the WA Planning Commission in accordance with Schedule 4 “Special Use Zone 4 – Ellenbrook Estate”.


1) To support the staff recommendation as presented but with the following amendments:

a) Insert part 1 as follows: "1) Request the applicant to investigate modifications to the Local Water

Management Strategy (LWMS) for Vale Development Plan 3 to facilitate the discharge of a quantity of stormwater from "Catchment C" via a piped arrangement into Lake Yakine within Lot 4 Gnangara Road, Henley Brook, subject to such arrangements achieving water quality targets to the satisfaction of the Department of Water."

b) Insert part 2 as follows:

"2) Subject to the drainage arrangement detailed at 1) above being

accepted by the Department of Water, incorporate such modifications to the LWMS."

c) Renumber parts accordingly.

d) Insert an additional modification to the draft Vale Development Plan 3 (DP3)

of April 2013 and associated documentation as follows:


"a) Modify the siting of the proposed two "Residential R5" areas either side of the Aviary Creek to achieve a further 100 metre setback from the boundaries of the subject lot."

e) Renumber modifications accordingly.

2) Following satisfactory recommendations, forward the Vale Development Plan 3

(SP026), public submissions and agency advice received during public advertising and referral to period to the WA Planning Commission and request adoption of the Plan by the WA Planning Commission in accordance with Schedule 4 "Special use Zone 4 - Ellenbrook Estate".

3) Note the reason for changing the recommendation is to provide an interface between the development area and the Swan Valley Planning Act area that will better mitigate visual impact and emissions from surrounding rural/agricultural activities.

(Cr Trease - Cr Cheung)

RESOLVED (8/7) TO:

1) Request the applicant to investigate modifications to the Local Water Management Strategy (LWMS) for Vale Development Plan 3 to facilitate the discharge of a quantity of stormwater from "Catchment C" via a piped arrangement into Lake Yakine within Lot 4 Gnangara Road, Henley Brook, subject to such arrangements achieving water quality targets to the satisfaction of the Department of Water.

2) Subject to the drainage arrangement detailed at 1. above being accepted by the Department of Water, incorporate such modifications to the LWMS.

3) Request the applicant to make the following modifications to the draft Vale Development Plan 3 (DP3) of April 2013 and associated documentation:

a) Modify the siting of the proposed two "Residential R5" areas either side of the Aviary Creek to achieve a further 100 metre setback from the boundaries of the subject lot.

b) Modify the proposed coding of the lots at the interface with the Ellen Brook

from the proposed Residential R5 coding to a Residential R2.5/5 coding with a supplementary provision as follows: "Development of the interface area shall include a mix of lots in the range of 2000-4000m2 and ensuring an average lot size across this area of 3000m2".

c) Amend setback requirements for garages in tables 6A and 6B as follows: (i) Garages shall be set back a minimum of 4.5 metres from the primary

street.

(ii) The garage setback may be reduced to a minimum of 4.0 metres from the primary street, where a footpath has not been installed within the verge at the front of the property boundary.

d) Amend vale development Plan 3: Plan A to include designation of bushfire prone areas within the Plan area.


e) Insert as a supplementary Vale Development Plan 3: Plan B a Bushfire

Attack Level (BAL) assessment in accordance with 'Planning for Bushfire Protection Guidelines (Ed.2)' with the inclusion of the following notation: "Notwithstanding any statement to the contrary within AS3959-2009, (or relevant equivalent) any Class 1, 2, or 3 buildings or a Class 10a building or deck associated with a Class 1, 2, or 3 building to be erected on residential lots within Development Plan Three, that are either partly or wholly within 100 metres of the ‘extreme’ or ‘moderate’ Bush fire Risk areas as identified in ‘Figure 3 – Fire Management Risk’ or Appendix D, shall comply with the requirements of AS3959-2009, or equivalent Australian Standard".

f) Modify the Fire Management Plan included in Part 3; Appendix 8 to detail: (i) A pre-subdivision fire hazard assessment; and

(ii) A post-subdivision fire hazard assessment, inclusive of details on the clearing and selected revegetation of proposed public open space areas.

g) The Local Water Management Strategy shall be amended as follows:+ (i) Amend Figure 15 of the LWMS so the outlet from Basin C4 goes

through the future Gnangara Road Deviation through Stockland's land instead of through a private property; and

(ii) The post development monitoring period in Table 9 shall be 5 years as

per the City's POL-C-104 - Environmental Planning Policy (Clause 2.3.2.25)

h) Section 3.4 of the Part Two of the explanatory report, and specifically the Liveable Neighbourhoods POS Calculation (Table 8), to be updated as follows: i) The LN public open space calculation (table 8) to be modified to

exclude MUC 4 as unrestricted public open space (and therefore receiving a credit) due to its primary function as a drainage area.

4) Following satisfactory modifications, forward the Vale Development Plan 3 (SP026), public submissions and agency advice received during the public advertising and referral period to the WA Planning Commission and request adoption of the Plan by the WA Planning Commission in accordance with Schedule 4 “Special Use Zone 4 – Ellenbrook Estate”.

Cr Fardig requested names be recorded.

For: Crs Cheung, Congerton, Gregorini, Haynes, Lucas, Trease, T Williams, P Williams.

Against: Crs Bailey, Elliott, Färdig, McNamara, Marino, Wainwright and Zannino.


4. OPERATIONAL MATTERS

4.1 PROPOSED CANCELLATION OF 'PUBLIC UTILITY' RESERVE 44908 LOT 12715 BETWEEN EWART STREET AND EDDIE BARRON DRIVE, MIDLAND

Ward: (Midland Ward) (Asset Management)


Authorised Officer: (Executive Manager Operations)

RECOMMENDATION


1) Support the cancellation and disposal of Reserve 44908 being Lot 12715 situated between Ewart Street and Eddie Barron Drive, Midland subject to the adjoining landowner of 115 Ewart Street paying all costs association with the disposal, registration of a Drainage Easement in favour of the City of Swan (incorporating conditions as stipulated by the CEO);

2) Seek Department of Regional Development and Lands - State Land Services to consider and grant the request for cancellation and disposal of Reserve 44908 for amalgamation into 115 Ewart Street for a nominal consideration of $400 plus GST and statutory fees; and

3) Note that once Lot 12715 is amalgamated with the adjoining residential lot, the City will initiate an amendment to Local Planning Scheme No. 17 to appropriately zone the unzoned portion (Lot 12715) to 'Residential'.

CARRIED

4.2 PETITION - SPEED LIMIT REDUCTION ON OAKOVER ROAD, MIDDLE SWAN




RECOMMENDATION


1) Note that a speed zone assessment of Oakover Road has been conducted by staff from the City of Swan and Main Roads, which recommends the speed limit remaining unchanged.

2) Advise the petition organiser accordingly.

CARRIED


4.3 PETITION - PEDESTRIAN CROSSING ON THE CRESCENT, MIDLAND




RECOMMENDATION


1) Note the installation of "Pedestrians Give Way to Vehicle" signs to increase the safety of pedestrians at the crossing point on The Crescent.

2) Note that the installation of a pedestrian crossing is not warranted at this location.

3) Advise the petition organiser accordingly.

CARRIED

4.4 PETITION - ACROD PARKING IN KEANE STREET, MIDLAND

Ward: (Midland Ward) (Commercial and Economic Development)


Authorised Officer: (Executive Manager Corporate)

RECOMMENDATION


1) Note the need to retain balance in parking needs of all users in Midland and agree that in this instance it would be inappropriate to accede to this request.

2) Advise the petitioners accordingly.



1) Defer the item until the Ordinary Council Meeting on 22 May 2013.

2) Note the reason for changing the staff recommendation is so officers and interested Councillors can meet with Medical Centre to discuss providing an additional ACROD parking space, and to address the second part of the petition not addressed in the report.

(Cr Marino - Cr Gregorini)

RESOLVED UNANIMOUSLY to:

1) Defer the item until the Ordinary Council Meeting on 22 May 2013.

2) Note the reason for changing the staff recommendation is so officers and interested Councillors can meet with Medical Centre to discuss providing an additional ACROD parking space, and to address the second part of the petition not addressed in the report.

5. FINANCIAL AND LEGAL MATTERS

5.1 BUDGET ADJUSTMENTS 2012/13

Ward: (All Wards) (Financial Services & Rates)



RECOMMENDATION


1) Approve the budget adjustments as detailed in this report.

CARRIED


5.2 SPECIFIED AREA RATE - HAZELMERE INDUSTRIAL AREA INFRASTRUCTURE

Ward: (Guildford Ward) (Financial Services and Rates)



RECOMMENDATION

That Council resolves to:

1) End the current Hazelmere Industrial Area Specified Area Rate in the 2012/13 financial year.

2) Advertise the creation of a new Specified Area Rate for the Hazelmere Industrial Area Infrastructure for the purpose of infrastructure construction, which combines ratepayers in the existing industrial area and the future industrial area. The rate would be adopted as per the 2013/14 Budget, effective from 1 July 2013. This rate will be based on Gross Rental Valuation supplied by the Valuer Generals Office.

3) Notify the affected ratepayers about the proposed change.

CARRIED

5.3 FINANCIAL MANAGEMENT REPORT - MARCH 2013

Ward: (All Wards) (Financial Services and Rates)



RECOMMENDATION


1) Receive the monthly financial statements and report for the period ended 31 March 2013.

CARRIED


6. GOVERNANCE

6.1 LOCAL GOVERNMENT ORDINARY ELECTIONS 2013

Ward: (All Wards) (Governance)



RECOMMENDATION


1) Declare that the Electoral Commissioner to be responsible for the conduct of the 2013 City of Swan ordinary local government elections with any other elections or polls in accordance with section 4.20(4) of the Local Government Act 1995.

2) Conduct the 2013 City of Swan local government elections as a postal election in accordance with section 4.61(2) of the Local Government Act 1995.

CARRIED

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER

Nil

8. MOTION TO ADOPT THOSE ITEMS NOT WITHDRAWN

RESOLVED UNANIMOUSLY that the reports of Council in Part B of the Agenda be received and the recommendations therein adopted, with the exception of recommendations concerning the following items which were previously considered:

Items 3.4 3.5

3.6 3.7

4.4

(Cr Haynes - Cr Wainwright)

9. URGENT BUSINESS

Nil


CITY of SWAN

ORDINARY COUNCIL

MEETING

PART C

OTHER BUSINESS

AND CLOSING PROCEDURES

01 MAY 2013


PART C - OTHER BUSINESS AND CLOSING PROCEDURES

1. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

2. NOTICE OF MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING IF GIVEN DURING THE MEETING

2.1 Cr Trease

1) Engage appropriately qualified person or persons to undertake a comprehensive study of the Belhus locality to:

a) Identify buildings and structures of significant heritage value,

b) Identify existence of any Aboriginal sacred sites,

c) Prepare a conservation plan to protect structures and sites identified, and

d) Source grants funding and other external funds to enable conservation and protection.

2) Prepare a report to Council with recommendations.

2.2 Cr Trease

Allocate funds from general reserves of up to $2,500 to immediately purchase and supply a portable air compressor for the Gidgegannup Volunteer Bushfire Brigade emergency vehicles and workshop compressor with attachments for the Gidgegannup Fire Station to enable safe inflation of vehicle tyres.

3. CONFIDENTIAL ITEMS

Nil

4. CLOSURE

There being no further business, the Presiding Member, Mayor Zannino, thanked those present for their attendance and declared the meeting closed at 7.51pm.

ordinary meeting of council · 2016. 5. 10. · 17 - rezoning of lot 8456 astroloma place,...

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