proposed local development plan - lots 59 & 60 (no.813 ... · pdf fileordinary meeting of...

Ordinary Meeting of Council 10 February 2016

3.3 PROPOSED LOCAL DEVELOPMENT PLAN - LOTS 59 & 60 (NO.813) CAMPERSIC ROAD, BRIGADOON (DAP300)

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

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application is one of three proposed Local Development Plans (LDP’s), for properties along Campersic Road, in Brigadooon, i.e. (i) Lot 74 (No.878) Campersic Road; (ii) Lots 59 & 60 (No.813) Campersic Road; (iii) Lot 62 (No.845) Campersic Road. LDP’s are required to be approved as conditions of subdivision approval, for three separate subdivision applications.

• The three proposed LDP’s have identical issues and have been prepared by the same planning consultancy firm, with similar provisions in each case. The submissions received in relation to the three LDP’s which raised issues triggering the requirement for a Council decision, provided identical responses for all 3 LDP’s.

• The applications are presented to Council as separate items, to enable Council to determine them individually. However, the reports are identical other than (i) details regarding property address, ownership, size, use and site description; and (ii) advice from the Department of Aboriginal Affairs, which is specific to the property(s) in each application.

• The LDP’s are required in order to minimise the visual impact of additional future development on the subject lots, which are on the face of the Darling Scarp, above Bells Rapids. The lots are recognised for their scenic / landscape qualities. The LDP’s nominate building envelopes for the new lots, as well as specifying limits on earthworks; building height; colours and materials; and building form; generally to ensure development will not be unnecessarily visually intrusive on the surrounding area.

• The LDP’s were advertised to surrounding landowners, to the Brigadoon Progress Association (BPA), to the Department of Aboriginal Affairs and to the Department of Parks and Wildlife (DPAW). Submissions were received from the BPA and DPAW, requesting that the LDP’s include revegetation, to screen new development and mitigate its visual impact, particularly as viewed from Walyunga National Park.

• While revegetation may appear desirable as a means of mitigating the visual impact, it is not possible to implement revegetation through an LDP. The appropriate mechanism would have been through a subdivision condition; but no such condition was imposed, for any of the lots. The City has no mechanism to enforce revegetation work, prior to subdivision clearance. An LDP is able to guide future built form on the lots and to designate vegetation which may not be cleared, but cannot require active revegetation work.


• All 3 LDP’s are considered to achieve the objective of mitigating visual impact, as far as is practicable. The building envelopes proposed are satisfactory (being clear of trees and on flatter land), and the remaining provisions within the LDPs are considered to contribute to less obtrusive development on the lots.

It is recommended that the Council approve the proposed Local Development Plan subject of this application.

AUTHORITY/DISCRETION

The Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2, Part 6, provides the planning framework for Local Development Plans. LDP’s may be prepared if required as a condition of approval for a plan of subdivision of the area, among other reasons (cl. 47(a)). The local government has the power to approve local development plans under clause 52 of the Regulations.

BACKGROUND

Applicant: Statewest Planning Owner: Lot 59: Talda Pty Ltd (Director: Bruce Stone Bellinge)

Lot 60: Talda Pty Ltd Zoning: LPS17 - Special Rural Zone 3 (Precinct 1) MRS - Rural Strategy/Policy: NA Development Scheme: NA Existing Land Use: Lot size:

Lot 59: Vacant lot, mostly cleared Lot 60: Single House, ancillary accommodation, shed Lot 59: 11.71 ha Lot 60: 12.87 ha

Lot Area: Brigadoon Use Class: NA

DETAILS OF THE PROPOSAL

An application for an LDP has been submitted in order to fulfil the Western Australian Planning Commission’s (WAPC) conditions of subdivision approval over the subject property.

The Local Development Plan is required in order to minimise the visual impact of additional future development on the scarp face. The intention is to minimise visual impact not only on surrounding lots, but also as viewed from nearby Walyunga National Park and Bells Rapids. The locality is recognised for its scenic / landscape qualities.


The Local Development Plan proposes a range of provisions which future development should comply with. This includes: specifying locations of building envelopes; limitations on height of individual walls; limitations on colours and materials to be used; guidance on building form (generally to reduce the visual impression of building bulk); and restrictions on fencing types.

DESCRIPTION OF SITE

The subject lots are on the edge of the Darling Scarp, located above Bells Rapids and abutting the railway line, opposite Walyunga National Park. Lot 60 slopes downhill towards the Swan River in the northwest, with steeper slopes around the middle of the property. Lot 59 slopes more towards the west and southwest, with a creek running down the centre of the property.

The lots are mostly cleared, but have significant amounts of remnant vegetation, including dense vegetation along the creekline on Lot 59, and many trees (moderately spaced) on Lot 60. Lot 59 is vacant, but Lot 60 has a house, ancillary accommodation and a large shed, as well as two long central driveways which have been constructed as access to the proposed new lots.

The surrounding locality is composed of similar rural-residential style development, with lot sizes ranging from around 2.0ha to 70ha.

SITE HISTORY/PREVIOUS APPROVALS

The Brigadoon Structure Plan (SP17-025) was endorsed by the City of Swan on 22 January 2014; and by the WAPC on 9 January 2015. This provided guidance for subdividing properties in the locality, including the subject lots.

Three subdivision applications have recently been approved by the WAPC in this locality, subject to conditions. Each of the subdivision approvals is subject to a requirement for a Local Development Plan to be prepared and approved, to minimise the visual impact of additional development upon the scarp. An identical condition was imposed in each case, i.e:

Local Development Plan(s) being prepared and approved for lots shown on the plan [details for each approved plan of subdivision] that address the following: a) Building envelopes consistent with the approved fire management plan;

b) Site levels;

c) Limits to cut and fill;

d) Construction materials (non-reflective);

e) Roof pitches;

f) Fencing; and

g) Driveway locations

to the satisfaction of the Western Australian Planning Commission [condition to be cleared by Local Government].


The subdivision application for Lots 59 and 60 is:

WAPC 149572 (City of Swan SB 034-2014). Approved by the WAPC on 18 December 2014.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Local Structure Plan SP17-025 was endorsed at the Ordinary Council Meeting of 22 January 2014, providing guidance for subdividing properties in the area.

PUBLIC CONSULTATION

The proposed LDP was advertised for 21 days to owners of surrounding properties and the Brigadoon Progress Association. One late submission was received, from the Brigadoon Progress Association, as discussed below.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the Department of Aboriginal Affairs (DAA), as there are Aboriginal sites listed in the area, and the Department of Parks and Wildlife (DPAW), which manages Walyunga National Park. Both agencies provided responses, as discussed below.

DETAILS

Assessment

The proposed LDP includes a range of provisions which generally seek to limit the visual impact of further development on the new lots, both as viewed from nearby properties and from a distance, looking towards the scarp. The provisions include:

• Locations of building envelopes. These match the locations designated in the approved Fire Management Plan, but the LDP defines the locations more precisely. The proposed envelopes will minimise the need for cut and fill (being located on flatter parts of the lots) and for vegetation clearing, and are considered to be appropriately located.

• Provisions for new buildings including:

− Height limits for walls of buildings, and retaining walls

− Prohibition on using reflective or very light coloured materials for roof cladding or walls.

− Requirement for buildings to have horizontal form and for roofs to have a shallow pitch

− Verandahs or eaves of a depth sufficient to provide shadow, to break up building bulk


− Requirements for building articulation, to break up building bulk

− Fencing to be simple rural style (post and wire, or post and rail, only)

− Driveways to be aligned so as not to form a vertical element when viewed from the north west.

It is considered that these provisions are reasonable, and will effectively mitigate the visual impact of additional built development on the lots.

Advertising and referral responses

3 responses were received, from the DAA, DPAW, and the Brigadoon Progress Association (BPA). The DAA and DPAW responses were specific to Lots 59 & 60, while the BPA response covered all 3 proposed LDP’s.

Department of Aboriginal Affairs (DAA)

The DAA advised that Lot 59 coincides with portions of three Aboriginal heritage places: DAA 3960 (Millendon 01), DAA 3824 (Brigadoon 31) and DAA 4071 (Millendon 03). Lot 60 also coincides with a portion of DAA 3960 (Millendon 01). All of these heritage places are artefact scatters and Registered Aboriginal sites under the Aboriginal Heritage Act (1972).

DAA advised that they were not aware of any potential visual impacts to these heritage places or the surrounding Aboriginal heritage places resulting from additional development upon the local landscape. There are therefore no known heritage reasons why the subdivision approval cannot proceed.

While subdividing the lots will not result in an impact to the heritage places mentioned above, future development may impact the sites. Future landowners/developers of the lots should conduct Aboriginal heritage due diligence assessments further to undertaking proposed works, and contact the DAA for further advice in this regard.

Department of Parks and Wildlife (DPAW), and Brigadoon Progress Association (BPA)

The BPA provided a long response which pointed out that various planning documents over the years have highlighted the importance of protecting the scenic landscape qualities of the land on the scarp face. Some of these documents particularly recommend against allowing further subdivision of lots along the scarp, both for reasons of fire protection and for preserving its visual amenity. The BPA believe that the structure plan to guide subdivision in the area should not have been approved.

Recognising that the subdivisions have been approved, they requested that the scenic aspects of the lots be protected as far as possible. They suggested that controls on building height, construction methods and materials be applied, to reduce visual impact (precisely how was not spelled out). It is considered that the proposed LDP’s as written already incorporate the relevant suggestions relating to built form.

The BPA furthermore requested significant revegetation surrounding new buildings, in order to screen new development and mitigate its visual impact, together with caveats requiring such revegetation to be maintained. The DPAW submission also requested that the proponent be required to develop a revegetation plan, to assist in softening the visual impact of development as viewed from Walyunga National Park.

Whilst it is agreed that revegetation would be an effective means of mitigating the visual impact of future development, it is not possible to implement this through an LDP. An


LDP can provide built form controls which can be enforced when applicants seek building permits from the City. However, there is no way an LDP can be used to require “active” revegetation work to be undertaken; it can only be used to designate existing areas of vegetation which may not be cleared. The appropriate mechanism would have been to require a revegetation plan to be prepared and implemented prior to subdivision clearances being issued. However, as no such subdivision condition has been applied for any of the 3 subdivision applications, it is not possible to seek further revegetation now, prior to new titles being issued. The existing vegetation on the lots is protected by virtue of the fact that it is located outside the approved building envelopes, and any planning application to clear outside the envelopes would need to be well justified.

It is considered that the proposed LDP will effectively mitigate the visual impact of future development on the new lots, as far as is practicable in the circumstances. Approval is recommended.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the proposed Local Development Plan (DAP-300) for Lots 59 and 60 (No.813) Campersic Road, Brigadoon, as date stamped received at the City of Swan on 24 November 2015, without any further modifications being required.

Implications: The Local Development Plan will come into effect to guide future development on the subject lots. The landowner will be able to satisfy the relevant subdivision condition (which requires an LDP to be prepared and approved) for their subdivision application.

This is the recommended option.


Option 2: Council may resolve to refuse the proposed Local Development Plan (DAP-300) for Lots 59 and 60 (No.813) Campersic Road, Brigadoon, as date stamped received at the City of Swan on 24 November 2015, on the grounds that it does not achieve the requirements stated in the relevant WAPC subdivision condition, i.e:

Local Development Plan(s) being prepared and approved for lots shown on the plan [details for each approved plan of subdivision] that address the following: a) Building envelopes consistent with the approved fire management plan;

b) Site levels;

c) Limits to cut and fill;

d) Construction materials (non-reflective);

e) Roof pitches;

f) Fencing; and

g) Driveway locations

to the satisfaction of the Western Australian Planning Commission [condition to be cleared by Local Government].

Implications: The Local Development Plan will not come into effect. The applicant will need to submit a new proposed LDP in order to satisfy the relevant subdivision condition. The owner/applicant would have a right of review to the State Administrative Tribunal.

This is not the recommended option.

CONCLUSION

The WAPC has approved a subdivision over the subject property, subject to conditions including one requiring a Local Development Plan (LDP) to be prepared to mitigate the visual impact of future development on the subject land. The proposed LDP is considered to achieve this objective, as far as is reasonably practicable.

While submissions from DPAW and a community group have been received recommending that the LDP also include provisions requiring revegetation to screen future development and further mitigate its visual impact, it is not actually possible to implement revegetation work through an LDP. Accordingly, the LDP is considered acceptable as is.


ATTACHMENTS

Location plan and aerial photo

Photo showing views towards subject land from Walyunga National Park

Proposed LDP (DAP-300) for Lots 59 and 60 Campersic Rd, Brigadoon

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

It is noted that the recently-gazetted Planning and Development (Local Planning Schemes) Regulations 2015 (gazetted 25 August 2015) have changed the effect of Local Development Plans. Previously LDP’s had statutory effect. With the new regulations, decision makers considering applications for development approval must have “due regard to” any applicable LDP, but are not bound by the LDP in deciding applications.

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Approve the proposed Local Development Plan (DAP-300) for Lots 59 and 60 (No.813) Campersic Road, Brigadoon, as date stamped by the City of Swan on 24 November 2015, without further modifications being required.

2) Advise those who lodged a submission of Council’s decision, accordingly.

CARRIED

proposed local development plan - lots 59 & 60 (no.813 ... · pdf fileordinary meeting of...

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