western australian planning commission

Members:

Apologies:

Officers:

WesternAustralianPlanningCommission

Statutory Planning Committee

Minutes

Meeting No. 7570Tuesday, 18 July, 2017

Ms Megan Adair - WAPC AppointeeMs Sue Burrows - Nominee of the Director General

Mr Ray Glickman - WAPC AppointeeMr Steve Hiller - WAPC AppointeeMr Ian Holloway - Professions representativeMs Elizabeth Taylor - Local government representativeMr Ross Thornton - Nominee of the Minister for RegionalDevelopment

Mr Eric Lumsden - Chairperson, WAPC

Ms Pamela Baskind - Planning Manager, Wheatbelt RegionMs Kerrine Blenkinsop - WAPC SecretaryMr David Brash - Principal Planning Officer, South WestStatutory PlanningMs Alice Brown - Planning Manager, Metro South EastMr Andrew Cook - Senior Planning OfficerMs Lucia Dunstan - Senior Planning Officer, Metro NorthWestMr Paul Ellenbroek - Principal Planning Officer, InfrastructurePlanning and PolicyMs Sam Fagan - Commission Support ManagerMs Sally Grebe - Manager, Planning AppealsMr Jas Lapinski - Senior Planning Officer, Metro North WestMr Patrick McClure - Planning Manager, Pilbara PlanningMr Rohan Miller - Planning Manager, Schemes andAmendmentsMs Irene Obales - Commission Support OfficerMr Alex Petrovski - Senior Planning Officer, Schemes andAmendmentsMr Michael Schramm - Planning Director, South WestRegionsMs Jacquie Stone - Planning Director, Metro Central

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Statutory Planning Committee Minutes -18 July 2017

1. Declaration of opening

Due to the absence of the Chairman and in accordance with Schedule 1Clause 6(3) of the Planning and Development Act 2005, Mayor Henry Zeloneswas appointed by the Deputy of the Governor as the Deputy Chairperson ofthe WAPC for the period 9 to 30 July 2017 inclusive.

Due to the absence of the Deputy Chairperson, and in accordance withClause 2.10 of the Standing Orders 2017, a member was chosen to presideover the meeting.

Moved by Mr ThorntonSeconded by Mr Holloway

That Ms Adair resides over the meeting in the absence of the DeputyChairperson.

The motion was put and carried

The Presiding Member declared the meeting open at 9:27 am, acknowledgedthe traditional owners and custodians of the land on which the meeting istaking place and welcomed members.

2. Apologies

Nil.

3. Members on leave of absence and applications for leave of absence

Mr Eric Lumsden - Chairman WAPC

Mayor Henry Zelones - Deputy Chairperson, WAPC

Mr Glickman submitted an application for a leave of absence for the StatutoryPlanning Committee meeting scheduled for 25 July 2017 and 8 August 2017.

Moved by Mr HollowaySeconded by Ms Taylor

That approval for a leave of absence for the Statutory Planning Committee begranted to Mr Glickman for 25 July 2017 and 8 August 2017.


Ms Burrows submitted an application for a leave of absence for the StatutoryPlanning Committee meeting scheduled for 22 August 2017, 12 September2017 and 19 September 2017.


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That approval for a leave of absence for the Statutory Planning Committee begranted to Ms Burrows for 22 August 2011, 12 September 2017 and 19September 2017.


Ms Adair submitted an application for a leave of absence for the StatutoryPlanning Committee meeting scheduled for 22 August 2017.


That approval fora leave of absence for the Statutory Planning Committee begranted to Ms Adair for 22 August 2017.


4. Disclosure of interests

Mr Glickman declared an impartiality interest on Item 9.5 WitchcliffeEcovillage Structure Plan, Lots 2807 & 2812 Bussell Highway, Witchcliffe dueto Mr Glickman being acquainted with the applicant and had discussed theprojec professionally with him. Mr Glickman will not participate in discussionand will not vote for the item.

Mr Holloway declared a perceived impartiality interest on Items 9.11 ProposedAmalgamation/ Subdivision of 3 Lots into 2, Lots 5, 6 and 7 Clubhouse Lane,Gnangara; 11.1 SAT Reconsideration - Survey Strata Subdivision forRetirement Village, Lots 5, 6 and 7 Clubhouse Lane, Gnangara; and 11.2 SATReconsideration - Freehold Subdivision for Retirement Village, Lots 5, 6 and 7Clubhouse Lane, Gnangara, as Mr Holloway had discussed the project withthe designer. Mr Holloway will not participate in discussion and will not votefor the item.

5. Declaration of due consideration

Nil.

6. Chairman's monthly reportJune 2017

Ms Blenkinsop informed members of the new reporting arrangement for theChairman WAPC. The Chairman's report will have a summary of theChairman's activities. The Chairman will welcome feedback and members areencouraged to send their feedback through Ms Blenkinsop.

7. Minutes

7.1 Confirmation of minutes - Meeting No. 7569 on 27 June 2017

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Moved by Mr GlickmanSeconded by Ms Taylor

That the minutes of the SPC meeting held on Tuesday 27 June 2017,be confirmed as a true and correct record of the proceedings.


8. Deputations and presentations

8.1 Eaton Fair Activity Centre Plan (Item 9.4)

Presenters: Mr Ross Underwood, Planning Solutions and Mr MichaelProsser, Citygate Properties Pty Ltd

Messrs Underwood and Prosser made a presentation to the Committeein support of the Officer's recommendation and requested a minormodification to the Schedule of Modifications to delete point iii ofModification item 1, which states that "No roadside parking is permittedalong the non-recreation ground side of this."

A copy has been placed on file.

Mr Glickman left the meeting at 9:38 am.

8.2 Witchcliffe Ecovillage Structure Plan, Lots 2807 & 2812 BussellHighway, Witchcliffe (Item 9.5)

Presenters: Mr Ken Collins, Abutting Neighbour and Mrs RobynCollins, Abutting Neighbour

Mr Collins made a presentation to the Committee to raise concerns onthe proposed Witchcliffe Ecovillage Structure Plan.


8.3 Witchcliffe Ecovillage Structure Plan, Lots 2807 & 2812 BussellHighway, Witchcliffe (Item 9.5)

Presenters: Mr Mike Hulme, Sustainable Settlements Pty Ltd and MsMichelle Sheridan, Sustainable Settlements Pty Ltd

Mr Hulme made a presentation to the Committee in support of theWitchcliffe Ecovillage Structure Plan but does not support agriculturallots to be restricted to ownership by Ecovillage residents and he doesnot support item 37 of the Schedule of Modifications.


Mr Glickman returned to the meeting at 9:58 am.

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8.4 East Margaret River District Structure Plan (Item 9.6)

Presenters: Mr Peter Gleed, PGPM Pty Ltd

Mr Gleed made a presentation to the Committee against the Officer'srecommendation.

A copy has placed on file.


Presenters: Mr Marc Halsall, Halsall and Associates; Mr GaryMacMahon, Ecosystem Solutions and Mr Jim Nilsson, Landowner

Messrs Halsall and MacMahon made a presentation to the Committeeagainst the Officer's recommendation and requested that item no. 7 inthe Schedule of Modifications be deleted.



Presenters: Mr Ray Stokes, Satterley Property Group; Grant Wilkins,Satterley Property Group and Andrew Watkins, Satterley PropertyGroup

Mr Stokes made a presentation to the Committee in support of the EastMargaret River District Structure Plan and requested the Committee toidentify the land south of the perimeter road for special residential or forappropriate alternative use; and modify the Implementation Scheduleunder Rezoning.


8.7 Stanley Road Precinct (Sub-Precinct A) Local Structure Plan,Byford (Item 9.7)

Presenters: Mr Wayne Gorton, Landowner and Mrs Elizabeth Gorton,Landowner

Mr and Mrs Gorton made a presentation to the Committee against theOfficer's recommendation.


8.8 Amendment 1 to the Yanchep City Local Structure Plan No. 68,Part Lot 9006 St Andrews Drive, Yanchep (Item 9.10)

Presenters: Mr Mark Szabo, Burgess Design Group and Mr MatthewPears, Primewest

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Messrs Szabo and Pears made a presentation to the Committee toseek approval of Amendment 1 to the Yanchep City Local StructurePlan No. 68.

Mr Holloway left the meeting at 10:49 am.

8.9 Proposed Amalgamation/Subdivision of 3 Lots into 2, Lots 5, 6and 7 Clubhouse Lane, Gnangara (Item 9.11)

Presenters: Mr Peter Fitzgerald, Urbis; Mr Craig Wallace, Lavan andMr Peter Burke, Handle

Messrs Wallace, Fitzgerald and Burke made a presentation to theCommittee in support of the proposed amalgamation of three Lots intotwo for Lots 5, 6 and 7 Clubhouse Lane, Gnangara.

8.10 SAT Reconsideration - Survey Strata Subdivision for RetirementVillage, Lots 5, 6 and 7 Clubhouse Lane, Gnangara (Item 11.1)


Messrs Wallace, Fitzgerald and Burke made a presentation to theCommittee in support of the Survey Strata Subdivision for RetirementVillage, Lots 5, 6 and 7 Clubhouse Lane, Gnangara.

8.11 SAT Reconsideration - Freehold Subdivision for RetirementVillage, Lots 5, 6 and 7 Clubhouse Lane, Gnangara (Item 11.2)


Messrs Wallace, Fitzgerald and Burke made a presentation to theCommittee in support of the Freehold Subdivision for RetirementVillage, Lots 5, 6 and 7 Clubhouse Lane, Gnangara.

Mr Holloway returned to the meeting at 11:18 am.

8.12 City of Bayswater Town Planning Scheme No. 24, Amendment No.62 (Item 11.9)

Presenters: Mr Matt Turner, City of Bayswater and Ms Helen Smith,City of Bayswater

Ms Smith and Mr Turner made a presentation to the Committee insupport of the City of Bayswater Town Planning Scheme No. 24,Amendment No. 62.

The Chairperson declared a short break at 11:30 am.

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The meeting resumed at 11:35 am.

9. Statutory items for decision

Moved to Item 9.9

9.1 Proposed Two Lot Subdivision in Floodway - Lot 631 (No. 184)West Road, Bassendean

Members discussed the item and a motion to endorse the Officer'srecommendation was put to a vote.

In Favour: MrGlickman, Mr HollowayAgainst: Ms Adair, Mr Hiller, Ms Taylor and Mr Thornton

The motion was put and defeated

- A second motion was put to refuse the proposed subdivision.

'¦ Moved by Ms Adair

.- Seconded by Ms Taylor

Dissent: Mr Glickman and Mr Holloway

.• That t e Statutory Planning Committee resolves to refuse theapplication for the subdivision of Lot 631 (No. 184) West Road,

' Bassendean for the following reasons:

l 1. The proposed subdivision s inconsistent with the provisions ofState Planning Policy 2.10 Swan-Canning River System as the

i proposal does not take account of the natural processes of theriver and its floodplain, and is li ely to restrict the flow of waterduring flood events.

2. The proposed subdivision is inconsistent with the provisions ofthe Town of Bassendean's Local Planning Policy No.4Floodplain Management and Development Policy, which doesnot support the subdivision of land wholly within the Swan Riverfloodway.

3. The proposed subdivision is inconsistent with the Town ofBassendean's Local Planning Strategy which excludes furtherdevelopment in the Swan River floodway and development thatwould restrict the flow of water in the floodway.

4. The subdivision of land within an identified floodway isinconsistent with the principles or proper and orderly planning.

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9.2 Proposed Survey Strata Subdivision to Create Two ResidentialLots - Lot 134 (No. 60) Acanthus Road, Willetton

Members discussed the item and agreed to endorse the Officer'srecommendation.

Moved by Mr HollowaySeconded by Mr Glickman

Dissent: Mr Hiller

That t e Statutory Planning Committee resolves to approve theapplication for survey strata of Lot 134 (No. 60) Acanthus RoadWilletton as shown on the plan date-stamped 02 May 2017, subject tothe following conditions:

CONDITION(S):

1. Other than buildings, outbuildings and/or structures shown onthe approved plan for retention, all buildings, outbuildings and/orstructures present on lot 1 and 2 at the time of subdivisionapproval being demolished and materials removed from thelot(s). (Local Government)

2. The land being filled, stabilised, drained and/or graded asrequired to ensure that:

a) lots can accommodate their intended development; and

b) finished ground levels at the boundaries of the lot(s) thesubject of this approval match or otherwise coordinatewith the existing and/or proposed finished ground levelsof the land abutting; and

c) stormwater is contained on-site, or appropriately treatedand connected to the local drainage system (LocalGovernment)

3. All septic sewer systems including all tanks and pipes andassociated drainage systems (soak wells or leach drains) andany stormwater disposal systems are to be decommissioned, inaccordance with the Health (Treatment of Sewerage andDisposal of Effluent and Liquid Waste) Regulations 1974,removed, filled with clean sand and compacted. Proof ofdecommissioning is to be provided in the form of eithercertification from a licensed plumber or a statutory declarationfrom the landowner/applicant, confirming that the site has been

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inspected and all se tic tanks, soa wells, leach drains and anyassociated pipework have been removed. (Local Government)

4. Arrangements being made to the satisfaction of the WesternAustralian Planning Commission for the filling and/or capping ofany bores and/or wells, or the identification of any bore and/orwell to be retained on the land. (Local Government)

5. Arrangements being made with the Water Corporation so thatprovision of a suitable water supply service will be available tothe lots shown on the approved plan of subdivision. (WaterCorporation)

6. Arrangements being made with the Water Corporation so thatprovision of a sewerage service will be available to the lotsshown on the approved plan of subdivision. (Water Corporation)

7. Arrangements being made to the satisfaction of the WesternAustralian Planning Commission and to the specification ofWestern Power, for the provision of an electricity supply to thesurvey strata lots shown on the approved plan of subdivision,which may include the provision of necessary service accessrights either as an easement under Section 136C and Schedule10 of the Transfer of Land Act 1893 for the transmission ofelectricity by underground cable, or (in the case of approvalscontaining common property) via a portion of the commonproperty suitable for consumer mains. (Western Power)

ADVICE:

1. In regard to Condition 1, planning approval and/or a demolitionlicence may be required to be obtained from the localgovernment prior to the commencement of demolition works.

2. The landowner/applicant is advised to liaise with the City ofCanning in relation to the identification/protection of anyvegetation in the site worthy of retention not impacted bysubdivisional works.

3. The City of Canning advises the landowner/applicant that furtherinformation may be required to demonstrate that site conditionson the proposed lots are of a standard that will enable furtherdevelopment. If fill is required to be used, then the applicant willneed to ensure clean fill is used, sufficient compaction isachieved and that on site drainage is managed appropriatelyand that this may need to be demonstrated to Councilssatisfaction.

4. The landowner/applicant is advised that the Department ofEnvironment and Regulation has prepared dust control

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guidelines for development sites, which, outline the proceduresfor the preparation of dust management plans. The dustmanagement plans are generally approved, and theirimplementation overseen, by Local Government. Furtherinformation on the guidelines can be obtained from theDepartment of Environment and Regulation s website:www. der. wa. ciov.au under air quality publications.

5. In regard to Conditions 5 and 6, the landowner/applicant shallmake arrangements with the Water Corporation for the provisionof the necessary services. On receipt of a request from thelandowner/applicant, a Land Development Agreement underSection 83 of the Water Services Act 2012 will be prepared bythe Water Corporation to document the specific requirements forthe proposed subdivision.

6. In regard to Condition 1, Western Power provides only oneunderground point of electricity supply per freehold lot.


9.3 Subdivision of Lot 378 Erindale Road, Gwelup into 13 Lots forResidential Purpose Plus Road Reserve

Members discussed the item and agreed to endorse the Officer'srecommendation.


That the Statutory Planning Committee resolves to approve theapplication for subdivision of Lot 378, Erindale Road, Gwelup, subjectto the following conditions and advice:

1. Arrangements being made with the Water Corporation so thatprovision of a suitable water supply service will be available tothe lots shown on the approved plan of subdivision. (WaterCorporation)

2. Arrangements being made with the Water Corporation so thatprovision of a sewerage service will be available to the lotsshown on the approved plan of subdivision. (Water Corporation)

3. Suitable arrangements being made with the Water Corporationfor the drainage of the land either directly or indirectly into adrain under the control of that body. (Water Corporation)

4. Arrangements being made to the satisfaction of the WesternAustralian Planning Commission and to the specification ofWestern Power for the provision of an underground electricity

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supply to the lot(s) s own o the approved plan of subdivision.(Western Power).

5. The transfer of land as a Crown reserve free of cost to WesternPower for the provision of electricity supply infrastructure.(Western Power)

6. An ac d sulphate soils self-assessment form and, if required as aresult of the self-assessment, an acid sulphate soils report andan acid sulphate soils management plan shall be submitted toand approved by the Department of Environment Regulationbefore any subdivision works or development are commenced.Where an acid sulphate soils management plan is required to besubmitted, all subdivis on wor s shall be carried out inaccordance with the approved management plan. (Departmentof Environment Regulation)

7. All septic sewer systems including all tanks and pipes andassociated drainage systems (soak wells or leach drains) andany stormwater disposal systems are to be decomm ssioned, inaccordance with the Health (Treatment of Sewerage andDisposal of Effluent and Liquid Waste) Regulations 1974,removed, filled with clean sand and compacted. Proof ofdecomm ssioning is to be provided in the form of e thercertification from a licensed plumber or a statutory declarationfrom the landowner/applicant, confirming that the site has beeninspected and all septic tanks, soak wells, leach drains and anyassociated pipework have been removed. (Local Government)

8. Uniform fencing being constructed along the boundaries of all ofthe proposed lots abutting Erindale Road. (Local Government)

9. Other than buildings, outbuildings and/or structures shown onthe approved plan for retention, all buildings, outbuildings and/orstructures present on proposed lots 1 to 13 and proposed roadreserve at the time of subdivision approval being demolishedand materials removed from the lot(s). (Local Government)

10. Engineering drawings and specifications are to be submitted,approved, and works undertaken in accordance with theapproved engineering drawings, specifications and approvedplan of subdivision, for grading and/or stabilisation of the site toensure that:

a) lots can accommodate their intended use; and

b) finished ground levels at the boundaries of the lot(s) thesubject of this approval match or otherwise coordinatewith the existing and/or proposed finished ground levelsof the land abutting. (Local Government)

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11. The land being filled, stabilised, drained and/or graded asrequired to ensure that

a) lots can accommodate their intended development; and

b) finished ground levels at the boundaries of the lot(s) thesubject of this a proval match or otherwise coordinatewith the existing and/or proposed finished ground levelsof the land abutt ng; and

c) stormwater is contained on-site, or appropriately treatedand connected to the local dra nage system(Local Government)

12. Pr or to the commencement of subdivisional works, thelandowner/applicant is to provide a pre-works geotechnicalreport certifying that the land is physically capable ofdevelopment or advising how the land is to be remediated andcompacted to ensure it is capable of development; and in theevent that remediation works are required, thelandowner/applicant is to provide a post geotechnical reportcertifying that all subdivisional works have been carried out inaccordance with the pre-works geotechnical report. (LocalGovernment).

13. An area(s) of land at least 662.9m2 in area, in a position to beagreed with the Western Australian Planning Commission, beingshown on the diagram or plan of survey (deposited plan) as areserve for Recreation and vested in the Crown under Section152 of the Planning and Development Act 2005, such land to beceded free of cost and without any payment of compensation bythe Crown. (Local Government)

14. Engineering drawings and specifications are to be submitted,approved, and subdivisional works undertaken in accordancewith the approved plan of subdivision, engineering drawings andspecifications, to ensure that those lots not fronting an existingroad are provided with frontage to a constructed road(s)connected by a constructed road(s) to the local road system andsuch road(s) are constructed and drained at thelandowner/applicant's cost.

\s an alternative, and subject to the agreement of the LocalGovernment the Western Australian Planning Commission(WAPC) is prepared to accept the landowner/applicant paying tothe local government the cost of such road works as estimatedby the local government and the local government providingformal assurance to the WAPC confirming that the works will becompleted within a reasonable period as agreed by the WAPC.(Local Government)

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15. Engineering drawings and specifications are to be submittedand a roved, and subdivisional works underta en inaccordance with the approved plan of subdivision, engineeringdrawings and specifications to ensure that:

a) street lighting is installed on all new subdivisional roads tothe standards of the relevant licensed service provider;and

b) roads that have been designed to connect with existing orproposed roads abutting the subject land are coordinatedso the road reserve location and width connectseamlessly; and

c) the proposed 12.5m road reserve is to be modified to aminimum width of 14m; and

d) the existing left turn lane and access into the existing sitefrom Erindale Road will need to be removed and theverge and existing footpath reinstated

to the satisfaction of the Western Australian PlanningCommission. (Local Government)

16. All local streets within the subdivision being truncated inaccordance with the Western Australian Planning Commission'sDC 1.7 General Road Planning. (Local Government)

17. Suitable arrangements being made with the local governmentfor the provision of vehicular crossover(s) to service the lot(s)shown on the approved plan of subdivision. (Local Government)

18. Pursuant to Section 150 of the Planning and Development Act2005 and Division 3 of the Planning and DevelopmentRegulations 2009 a covenant preventing vehicular access ontoErindale Road being lodged on the certificate(s) of title ofproposed 8,9,10 and 11 at the full expense of thelandowner/applicant. The covenant is to prevent access, to thebenefit of the City of Stirling, and the covenant is to specify:

"No vehicular access is permitted from Erindale Road." (Local

Government)

19. Pursuant to Section 150 of the Planning and Development Act2005 and Division 3 of the Planning and DevelopmentRegulations 2009 a covenant preventing vehicular access ontoCalautti Court being lodged on the certificate of title of proposedlot 4 at the full expense of the landowner/applicant. The

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covenant is to prevent access, to the benefit of the City ofStirling, and the covenant is to specify:

"No vehicular access is permitted from Calautti Court." (LocalGovernment)

20. A Local Development Plan being prepared and approved for lotsshown on the plan date stamped 12 December 2016 by theDepartment of Planning (attached) that addresses therequirements of State Planning Policy 3.1 The ResidentialDesign Codes including following:

a) setbacks;

b) open space; and

c) car parking (excluding access)

to the satisfaction of the Western Australian PlanningCommission. (Local Government)

21. The landowner/applicant shall make arrangements to ensurethat prospective purchasers of lots subject of a LocalDevelopment Plan are advised in writing that Detailed Area Planprovisions apply (Local Government).

22. The plan of subdivision is to be modified so that no lot is lessthan 350m2 in area. (Local Government)

23. A Notification, pursuant to Section 165 of the Planning andDevelopment Act 2005 is to be placed on the certificate(s) of titleof the proposed lot(s) with a Bushfire Attack Level (BAL) ratingof 12.5 or above, advising of the existence of a hazard or otherfactor.

Notice of this notification is to be included on the diagram orplan of survey (deposited plan).

The notification is to state as follows:

'This land is within a bushfire prone area as designated by anOrder made by the Fire and Emergency Services Commissionerand may be subject to a Bushfire Management Plan. Additionalplanning and building requirements may apply to developmenton this land'. (Western Australian Planning Commission)

ADVICE:

1. In regard to Conditions 1, 2 and 3, the landowner/applicant shallmake arrangements with the Water Corporation for the provision

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of the necessary services. On receipt of a request from thelandowner/ap licant, a Land Development Agreement underSection 83 of the Water Services Act 2012 will be prepared bythe Water Corporation to document the specific requirements forthe proposed subdivision.

2. In regard to Condition 4, Western Power provides only oneunderground point of electricity supply per freehold lot.

3. Condition 6 makes reference to an 'acid sulphate soils self-assessment form'. This form can be downloaded from theWestern Australian Planning Commission's website at:www.plannina.wa.Qov.au

The 'acid sulphate soils self-assessment form' makes referenceto the Department of Environment Regulation's 'Identificationand Investigation of Acid Sulphate Soils' guideline. Thisguideline can be obtained from the Department of EnvironmentRegulation's website at: www.der.wa.gov.au

4. In regard to Condition 9, planning approval and/or a demolitionlicence may be required to be obtained from the localgovernment prior to the commencement of demolition works.

5. With regard to Condition 13, provisions of section 153 of thePlanning and Development Act 2005 provide that arrangementscan be made, subject to further approval of the WesternAustralian Planning Commission, for a cash-in-lieu contributionhy the landowner/applicant to the local government.

6. The landowner/applicant and the local government are advisedto refer to the Institute of Public Works Engineering AustraliaLocal Government Guidelines for Subdivisional Development(current edition). The guidelines set out the minimum bestpractice requirements recommended for subdivisionconstruction and granting clearance of engineering conditionsimposed.

1. The landowner/applicant is advised that the Department ofEnvironment and Regulation has prepared dust controlguidelines for development sites, which outline the proceduresfor the preparation of dust management plans. The dustmanagement plans are generally approved, and theirimplementation overseen, by Local Government. Furtherinformation on the guidelines can be obtained from theDepartment of Environment and Regulation s website:www.der.wa.aov.au under air quality publications.

ADVICE TO LOCAL GOVERNMENT:

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The City of Stirling consider an amendment to t e LocalPlanning Scheme to rezone the site from Development zone toResidential with an appropriate density that is consistent withthis approval.


9.4 Eaton Fair Activity Centre Plan

Members discussed the deputation that had been made and agreed toendorse the Officer's recommendation subject to the deletion of Item1 .iii in the Schedule of Modifications.

Moved by Mr GlickmanSeconded by Mr Holloway

That, in accordance with clause 38(1 )(b), Schedule 2 of the DeemedProvisions for Local Planning Scheme of the Planning a dDevelopment (Local Planning Scheme) Regulations 2015, theStatutory Planning Committee resolves to:

1. require the Shire of Dardanup to modify the Eaton Fair ActivityCentre Plan in accordance with the attached Schedule ofModifications, as per Attachment 6 with the exception ofmodification 1 (iii), and resubmit the modified activity centre planto the Western Australian Planning Commission for approval;and

2. advise the Shire of Dardanup to comply with all statutoryprocedures for the disposal and sale of Crown reserves and theexpenditure of funds, after the activity centre plan is approvedby the Western Australian Planning Commission.


Moved to Item 9.6

Mr Glickman declared an impartiality interest on this item and left themeeting at 11:37 am.

9.5 Witchcliffe Ecovillage Structure Plan, Lots 2807 & 2812 BussellHighway, Witchcliffe

Members discussed the deputation that had been made and agreed toendorse the Officer's recommendation subject to modification of Item 7of the Schedule of Modifications to remove the requirement of anotation on the Structure Plan about restricting ownership ofagricultural lots to Ecovillage residents only.

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That t e Statutory Planning Committee resolves to:

1. Require the applicant to modify the Witchcliffe EcovillageStructure Plan in accordance with the attached schedule ofmodifications, appended as Attachment 9 with the exception ofreference to restricted ownership of the agricultural lots toEcovillage residents only in item 7 of the schedule, and beresubmitted to the Western Australian Planning Commission forapproval.

2. Subject to the above modifications being satisfactorilyundertaken, approve the Witchcliffe Ecovillage Structure Planunder clause 22(1 )(a) of Schedule 2, Part 4 of the Planning andDevelopment (Local Planning Schemes) Regulations 2015.


Mr Glickman returned to the meeting at 11:53am.

Move to Item 9.11

9.6 East Margaret River District Structure Plan

Members discussed the deputation that had been made and agreed toendorse the Officer's recommendation subject to the addition of

r statements in the approved Schedule of Modifications in relation to theremo al of land east and south of the perimeter road; and rezoningamendments are to be informed by a Development Framework -Preliminary Local Structure Plan in accordance with the Hamlet DesignGuidelines or a Local Structure Plan in accordance with the WAPCGuidelines.

Moved by Mr HollowaySeconded by Mr Thornton

That the Statutory Planning Committee:

1. Require the Shire of Augusta-Margaret River to modify the EastMargaret River District Structure Plan (2017) in accordance withthe attached schedule of modifications, appended asAttachment 3, with the addition of a modification to exclude landeast and south of the perimeter road from the Structure Planand the rezoning amendments are to be informed by aDevelopment Framework - Preliminary Local Structure Plan inaccordance with the Hamlet Design Guidelines or a LocalStructure Plan in accordance with the WAPC Guidelines. With

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these modifications the MRDSP is to be resubmitted to theWestern Australian Planning Commission for approval.

2. Subject to the above, modifications being satisfactorilyundertaken, approve the East Margaret River District StructurePlan under regulation 22(1)(a) of the Planning and Development(Local Planning Schemes) Regulations 2015.

3. Authorise Department of Planning officers to review themodifications to ensure they have been satisfactorily underta enand execute the documents accordingly.


9.7 Stanley Road Precinct (Sub-Precinct A) Local Structure Plan,Byford

Members discussed the deputation that had been made and agreed toendorse the Officer's recommendation subject to the addition ofRecommendation 3 in relation to Public Open Space/ Drainage to bemodified to allow the retention of the existing dwelling on Lot 13.

Moved by Mr HillerSeconded by Mr Holloway

That the Statutory Planning Committee resolves to:

1. Require the applicant to modify the Stanley Road (Sub-PrecinctA) Local Structure Plan in accordance with the attachedschedule of modifications (Attachment A) and resubmit themodified plan to the Western Australian Planning Commissionfor approval.

2. Advise the applicant and the Shire of Serpentine Jarrahdale ofits decision accordingly.

3. Modify Attachment A: Schedule of Commission Modifications toinclude the following:

Modification: Modify portion of POS/Drainage on Lot 13 to allowthe retention of the existing house.

Reason: The Committee considered that a reduced PCS areathat retains its intended drainage function would allow theretention of the existing house until such time as the landownerseeks to redevelop.


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Moved to Item 9.10

9.8 Structure Plan Amendment - Southern River Precinct 2 Phase 2Outline Development Plan - Lot 1627 Ranford Road, SouthernRiver

Moved by Mr HillerSeconded by Mr Holloway

That the Statutory Planning Committee resolves to:

1. Refuse the proposed structure plan modification for the followingreasons:

a) The proposed 30 metre wetland buffer and proposedmanagement strategy as deta led in the Wetland andWetland Buffer Management Strategy (EcologiaEnvironment, 2016) is not supported as it is inconsistentwith the recommended buffer distance (50 metres)referenced in the following environmental guidelines:

• Environmental Guidance for Planning andDevelopment (GS33) (Environmental ProtectionAuthority, 2008)

• A guide to managing and restoring wetlands inWestern Australia (Department of Environmentand Conservation, 2012); and

Guideline for the Determination of Wetland BufferRequ rement (Western Australian PlanningCommission).

There s insufficient information to justify a substantialreduct on in the wetland buffer given its potential to alterthe hydrology of the wetlands and compromise its values;

b) The proposed access onto Ranford Road would result inmovement conflict w th access onto Hatch Court and isinconsistent with the Ranford Road Access ManagementStrategy.

c) The proposal requires clearing of native vegetation withinadjoining Lot 8008 (Bush Forever Site 413) toaccommodate a slip lane/deceleration lane on RanfordRoad. The proposed clearing is not supported.

d) The submitted Bushfire Management Plan cannot bevalidated as being fully in compliant with the objectives of

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State Planning Policy 3.7 - Planning in Bushfire ProneAreas and the associated Guidelines.

e) T e submitted Local Water Management Strategy hasnot been endorsed by the Department of Water and thelocal government.

f) The roposal is inconsistent with State Planning Policy3.0 - Urban Growth and Settlement. The proponent hasnot adequately demonstrated that the site is a suitablelocation for the level of density proposed as it is currentlynot serviced by a high frequency public transport, norwithin walkable distance to an activity centre orcommunity facilities.

g) An ad hoc application of density may set an undesirableprecedent for similar development within the structureplan area, leading to significant and unantic patedcumulat ve density increases in the area, and aninequitable distribution of density within the largerSouthern River locality.


9.9 Consideration of Yanchep City Centre Activity Centre Plan

Members discussed and agreed for the item to be deferred for referralto the Metronet team for comment prior to determination.

Moved by Ms BurrowsSeconded by Mr Holloway

That the item relating to Cons deration of Yanchep City Centre ActivityPlan be deferred for referral to the Metronet team for comment prior todetermination.


Moved to Item 11.3

9.10 Amendment 1 to the Yanchep City Local Structure Plan No. 68,Part Lot 9006 St Andrews Drive, Yanchep

Members discussed the item and agreed to approve Amendment 1 tothe Yanchep City Local Structure Plan No. 68.

Moved by Mr HillerSeconded by Mr Thornton

That the Statutory Planning Committee resolves to approveAmendment 1 to the Yanchep C ty Local Structure Plan No. 68.

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Mr Holloway declared a perceived impartiality interest on Items 9.11,11.1 and 11.2 and left the meeting at 11:53am

9.11 Proposed Amalgamation/Subdivision of 3 Lots into 2, Lots 5, 6and 7 Clubhouse Lane, Gnangara

Members discussed the deputation that had been made and agreed toendorse the Officer's recommendation.

Moved by Ms TaylorSeconded by Mr Thornton

That the Statutory Planning Committee resolves to approve theapplication for subdivision of Lots 5, 6 and 7 Clubhouse Lane,Gnangara as shown on the plan date-stamped 09 May 2017. Thisdecision is valid for three years.


10. Policy items for discussion / decision

11. Cortfidential items

11.1 SAT Reconsideration - Survey Strata Subdivision for RetirementVillage, Lots 5, 6 and 7 Clubhouse Lane, Gnangara

THIS ITEM IS CONFIDENTIAL

11.2 SAT Reconsideration - Freehold Subdivision for RetirementVillage, Lots 5, 6 and 7 Clubhouse Lane, Gnangara


Mr Holloway returned to the meeting at 12:06pm

Ms Burrows left the meeting at 12:06pm and did not return

Moved to Item 9.1

11.3 City of Wanneroo District Planning Scheme No. 2 - AmendmentNo. 157


Moved to Item 9.5

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11.4 Proposed Policy Position on Nested Subdivisions


Moved to Item 11.7

11.5 City of Busselton Local Planning Scheme No. 21, Amendment No.22 - Recoding Lot 41 (No.182) Geographe Bay Road, Quindalupfrom 12.5'to'R20'


11.6 Shire of Toodyay Local Planning Strategy - Certification prior toAdvertising


11.7 Shire of Harvey Local Planning Strategy - Certification


11.8 Development Application - Change of Use, WorkforceAccommodation - Wheatstone Village, Ashburton North StrategicIndustrial Area


11.9 City of Bayswater Town Planning Scheme No. 24, Amendment No.62


Moved to Item 11.11

11.10 City of Canning Town Planning Scheme No. 40, Amendment No.226 - for Final Determination


11.11 City of Fremantle - Local Planning Scheme No. 4 - Amendment No.69


11.12 City of Kwinana - Town Planning Scheme No. 2 - Amendment No.150 - For Final Decision


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11.13 Shire of Kalamunda Local Planning Scheme No. 3, AmendmentNo. 75 - for Final Decision


12. General items - publications, briefings and updates

Nil.

13. Stakeholder engagement and site visits

Nil.

14. Urgent or other business

Nil.

15. Items for Consideration at a Future Meeting

16. Meeting closure

The next ordinary meeting is scheduled for 9:30 am on Tuesday 25 July 2017.There being no further business before the Committee, the Chairpersonthanked members for their attendance and declared the meeting closed at1:27pm.

CHAIRMAN

DATE

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western australian planning commission

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