3.3 consideration for adoption of local structure …

Ordinary Meeting of Council 7 September 2011

3.3 CONSIDERATION FOR ADOPTION OF LOCAL STRUCTURE PLAN 11 - RURAL RESIDENTIAL DEVELOPMENT - LOT 301 STOCK ROAD AND LOT 302 LAGE ROAD, BULLSBROOK

(North Ward) (Statutory Planning)

KEY ISSUES

• A draft Local Structure Plan (LSP11) for Lot 301 Stock Road and Lot 302 Lage Road was submitted to the City of Swan in March 2009 and formally advertised for a period of 21 days between 21 April and 12 May 2010, during which a total of 70 public submissions were received in addition to State government agency comments.

• The draft structure plan has been revised in accordance with the advice of relevant State government agencies, and now proposes the creation of 219 rural residential lots with an average area of 2.7 hectares per lot. In addition the structure plan proposes the creation of a 4000m2 lot to be ceded to the City of Swan for the purpose of a future fire station and three areas of expanded road reserve to accommodate 150,000Lt water tanks to assist in the event of a bushfire emergency.

• The subject site is impacted by two ‘priority resource locations’ identified under the WAPC’s State Planning Policy 2.6 (Basic Raw Materials), including an unexplored and non-operational rock quarry and an existing clay quarry operated by Midland Brick. The applicant proposes to establish a 500m buffer zone from the existing Midland Brick clay quarry which will restrict development within 500m of the quarrying operations, but does not propose to restrict development in proximity to the hard rock quarry as this quarry is not proposed to become operational in the future.

• The Department of Planning has provided advice indicating that they consider the structure plan to be generally inconsistent with the existing SPP2.6, on the grounds that it proposes the subdivision of a ‘priority resource location’ in the unexplored and non-operational hard rock quarry. This matter was also recently considered by the WAPC, however, who advised that they are ‘of the view that a hard rock quarry in this Bullsbrook locality would not be an acceptable land use due to adverse environmental/social impacts and having regard for the wider community/urban planning land use interface perspective.

• The City has liaised with the applicant regarding a reasonable contribution to community infrastructure that will be required as a result of additional residents within the Bullsbrook locality. The applicant has agreed, subject to some modifications to the staging of construction of the Town site Link Road, to contribute the equivalent of $4000.00 per lot created for upgrade of existing facilities within Bullsbrook to meet future demand.

• Under the provisions of clause 5.A 1.9.1 of the City's Local Planning Scheme No. 17 the Council is to consider all public submissions made during the comment period and resolve to either adopt the subject structure plan (with or


without modifications) or refuse to adopt the structure plan.

• City officers have reviewed the draft structure plan and consider it to be suitable for adoption subject to the conditions outlined and the recommended modifications being completed by the applicant to the satisfaction of the Chief Executive Officer.

It is recommended that Council resolve to adopt Local Structure Plan 11 for Lot 301 Stock Road and Lot 302 Lage Road, Bullsbrook, subject to the applicant undertaking the recommended modifications, and forward the adopted structure plan to the Western Australian Planning Commission with a request for final approval.

AUTHORITY/DISCRETION

Under Part 5A.1.9 of Local Planning Scheme No. 17 the City of Swan, after considering all submissions received is to:

a) Adopt the proposed structure plan, with or without modifications; or

b) Refuse to adopt the proposed structure plan and, where the proposed structure plan was submitted by an owner, give reasons for this to the owner.

BACKGROUND

Applicant: Greg Rowe and Associates Owner: G.H. and E.F. Park; McRae Investments Pty. Ltd.

(Directors: William Harold Clough, William McRae Clough); Clough Nominees Pty. Ltd. (Director: John McRae Cough).

Zoning: TPS - Landscape MRS - Rural Strategy/Policy: Bullsbrook Town site & Rural Strategy; State Planning

Policy 2.4: Basic Raw Materials Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Rural Lot Size: Approx. 696.7 hectares

DETAILS OF THE PROPOSAL

The subject site is located south-east of the existing Bullsbrook town site, east of Great Northern Highway, north of the Walyunga National Park and west of the Shady Hills Rural Residential Subdivision (Attachment I). Access to Lot 302 is from Lage Road which runs off Great Northern Highway. Clarkson Road provides access to the adjoining Shady Hills subdivision from the eastern boundary of the site.

The advertised structure plan proposed the following key development outcomes:


• A staged development of 227 rural residential lots, comprising a minimum lot size of 2ha an average lot size of 2.7ha.

• A Town site Link road connecting from Great Northern Highway through to Clarkson Road, resulting in better connectivity for development east of the Darling Scarp;

• The installation of emergency water tanks within areas of expanded road reserve for use in the event of a bushfire emergency; and

• A Multi-Use Trail for horse riders, pedestrians and cyclists is proposed throughout the site and connecting with the existing road network to the east.

It should be noted that the structure plan has been modified in response to the submissions received during the public comment period. The following key modifications have been made by the applicant and submitted as a revised structure plan for consideration:

a) The structure plan document, including relevant management plans, has been redrafted to ensure that it is a coherent and comprehensive plan that can be understood by all stakeholders;

b) The number of lots has been reduced from the advertised 227 to 219 in order to provide an improved subdivision pattern and allocation of building envelopes;

c) The proposed buffer zone for the Midland Brick clay extraction area has been increased from 300m to 500m consistent with the advice of the Environmental Protection Authority;

d) The access point from Great Northern Highway has been moved to the south of Lage Road in order to comply with the minimum requirements of Main Roads;

e) The proposed ‘Town site Link Road’ is to be staged as part of the first stage of subdivision, with the Stage 1A to be delivered prior to the issuance of titles, and stage 1B to be delivered within 9 months of the issuance of titles.

f) The applicant is to cede a 4000m2 portion of land to the City of Swan for the development of a future fire station; and

g) The applicant is to make a $4000.00 per lot financial contribution via private legal agreement for the upgrade of local community infrastructure. A portion of this amount will be credited for the value of the 4000m2 lot that will be ceded to the City for the future fire station.

DESCRIPTION OF SITE

The subject site is located within the Bullsbrook area approximately 2 km south-east of the existing Bullsbrook town site.

The site straddles the Darling Scarp and as such the topography varies significantly, with a high point of 250m AHD along the eastern portions and a low point of 70m AHD in the western portions.


The site is currently used for rural purposes, including grazing and rural living, and is predominantly cleared with little remnant native vegetation. Surrounding land uses include rural residential development to the east, rural and urban uses to the north and west, and resource extraction and environmental protection uses to the south and south-west. There is an existing dwelling on Lot 301 which is to be retained on proposed Lot 159.

As a result of a historic realignment of boundaries that occurred prior to the Shady Hills subdivision, Lot 302 has an easement in its favour over the adjoining properties to its eastern boundaries. The applicant has undertaken to extinguish the right of access over the adjoining properties at the first stage of subdivision.

SITE HISTORY/PREVIOUS APPROVALS

Subdivision Proposal (February 2005) 24 Lots

A subdivision application was submitted by the Applicant to the Western Australian Planning Commission in February of 2005 for the creation of 24 rural lots. The application was refused on 25 August 2005 for the following reasons:

The proposed subdivision does not comply with the Commission's Policy DC 3.4 Subdivision of Rural Land, a provision of Statement of Planning Policy No. 1 (State Planning Framework), as it would result in the subdivision of rural land inconsistent with the current Town Planning Scheme and endorsed local rural strategy.

The proposed subdivision does not comply with the Commission's Policy DC 3.4 Subdivision of Rural Land, a provision of Statement of Planning Policy No. 1 (State Planning Framework), by reason that the Commission has not endorsed an Outline Development Plan for the site, as required by the City of Swan Town Planning Scheme No. 9.

The proposed subdivision does not comply with the Statement of Planning Policy 2.4 Basic Raw Materials as the subject land includes and abuts a 'Priority Resource Location' for basic raw materials. The proposed subdivision has failed to demonstrate that it will not adversely impact on the future use of the 'Priority Resource Location'. The Commission is not prepared to approve the creation of lots which could adversely impact on a 'Priority Resource Location'.

The proposed subdivision has failed to demonstrate that the requirements of the Commission's Policy DC 3.7 Fire Planning and the Commission/Fire and Emergency Services Guidelines in Planning for Bush Fire Protection have been satisfied.

Subdivision Proposal (July 2008) - 2 Lots

A subdivision application was submitted by the Applicant to the Western Australian Planning Commission in July 2008 for the creation of 2 rural lots. This application was deferred to provide time for the following matters to be resolved:

• Resolution of any issues raised by referral agencies; and

• Receipt of revised subdivision referral responses from referral agencies.

No further decision has been made by the Commission on the application.


Scheme Amendment Proposal (June 2008) - Rezoning from 'Landscape' to 'Rural Residential' under Local Planning Scheme 17

An amendment to Local Planning Scheme 17 was requested by the Applicant in June 2008 for the subject site to be rezoned from 'Landscape' to 'Rural Residential'. The proposed amendment was cancelled by the Applicant in May 2009 before it could be presented to Council.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

At the 3 September 2008 Ordinary Council Meeting the Council resolved unanimously to endorse the Bullsbrook Town site & Rural Strategy with modifications.

APPLICANT'S SUBMISSION

The applicant's have provided the following submission in support of the submitted documentation:

• "A Town site Link Road has been included as per the City of Swan Bullsbrook Town site and Rural Strategy and the recommendations of the Fire Management Plan;

• A minimum lot size of 2ha has been maintained consistent with the City of Swan Bullsbrook Town site and Rural Strategy, with larger lots proposed in the constrained portions of the site;

• Local infrastructure, being the proposed road connections, drainage infrastructure, services and water tanks for fire fighting purposes, as per the City of Swan Bullsbrook Town site and Rural Strategy;

• Clearing of remnant revegetation has been minimised, in accordance with the provisions of the Landscape Zone, the City's Building and Development Standards - Rural Zone Policy and the recommendations of the Environmental Component Report;

• Revegetation is proposed in accordance with the objectives of the Landscape Zone, the City of Swan Local Biodiversity Strategy, the City's Rural revegetation Policy and the Environmental Component Report;

• Building envelopes do not exceed 2,000m2, which is 10% of the smallest proposed lot and are of regular shape in accordance with the City's Building Envelope's Policy;

• No building envelope is located on a slope greater than 20% in accordance with City's Building Envelope's Policy and Building and Development Standards - Rural Zone Policy;

• The setbacks for each proposed building envelope meets the requirements (i.e. 30m setback to street frontage, 20m setback to side boundaries and 30m setback to rear boundaries) in accordance with the City's Building Envelope's Policy and Building and Development Standards - Rural Zone Policy;


• Each lot achieves an effective minimum frontage of 50m, as per the City's Building and Development Standards - Rural Zone Policy;

• Staging has complied with the requirements of the DEC with regard to deferring proposed lots within 500m of the Midland Brick Clay Quarry operations;

• Building envelopes within the "low" Land Capability rating as defined by the Land Capability Assessment have been minimised'

• Disturbance of rocky outcrops will be minimised, as recommended by the Preliminary Geotechnical Investigation. The Structure Plan layout has minimising roads and building envelopes in the location of rocky outcrops;

• The Aboriginal Heritage site DIA id 3957 is clear of any road, lot boundary or building envelope, as per the Archaeological Investigation;

• Building envelopes are minimised in the areas of "extreme" bush fire risk, as identified by the Fire Management Plan,

• The ceding free of cost to the City of Swan a 6m Fire Access Reserve where the site abuts Walyunga National Park, as per the Fire Management Plan;

• A 60m building setback for lots abutting Walyunga National Park, as per the Fire Management Plan; and

• A road reserve width of 30m for the Town site Link Road and 25m for all other roads as per the Engineering Aspects report in Appendix 5.

PUBLIC CONSULTATION

The submitted structure plan was advertised for a period of 21 days from the 21st April until the 14th May 2010. During this period a total of 70 submissions were received from members of the community, including 16 formal objections to the proposal.

• The major issues that were raised during the public consultation period included:

• The need for revegetation to screen proposed development and improve ecological integrity of the scarp area;

• The need for reliable water supply and service/community infrastructure;

• The visual impact of proposed development the Darling Scarp; and

• Safety concerns regarding the construction of the access road from Great Northern Highway.

The applicant has responded to each of these issues in the revised documentation, which is assessed in the ‘Report’ section. The full public submissions are outlined and responded to in Attachment VII.


CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

During the public comment period the structure plan was referred to a number of relevant State government agencies. Each of the agency submissions and the City’s response are outlined within Attachment VII, and a summary of the key advice is provided as follows:

Department of Planning (Objection)

The Department of Planning (DoP) provided detailed comment on 24 November 2009 based on an assessment of the version of the structure plan lodged in April 2009. During the public comment period the City was advised that the DoP’s position on the structure plan had not changed, and as such the advice received should be reiterated for the purposes of the public comment period.

In this advice the DoP have indicated that they do not support the draft structure plan as it is considered to be:

a) Inconsistent with the objectives and requirements of State Planning Policy 2.4: Basic Raw Materials – particularly with respect to the priority resource locations identified within and adjacent to the subject sites; and

b) Inconsistent with the strategic planning framework for the City of Swan, particularly with respect to:

i. The City’s Local Planning Strategy which identifies an objective to ‘Facilitate the extraction of basic raw materials, subject to appropriate safeguards to minimise any adverse impact on adjacent property or on the natural environmental resources’;

ii. The City’s Bullsbrook Rural Strategy (1994), which is the current WAPC endorsed strategic document for the Bullsbrook region, which classifies the subject sites as within the ‘Landscape 3’ precinct with a minimum lot size of 20 hectares; and

iii. The City’s Bullsbrook Town site and Rural Strategy (2008), which has not been considered by the WAPC as of yet, and indicates that the subject area may be developed to a minimum lot size of 2 hectares subject to a review of the State Planning Policy 2.4: Basic Raw Materials

c) Premature to the completion Directions 2031 and the subsequent urban growth management strategies currently under preparation by the Department of Planning, which are anticipated to guide land use and development within the metropolitan region.

The applicant has provided a response to each of the issues raised, and these will be addressed within the ‘Report’ section of this item.

Western Australian Planning Commission (WAPC)

In 2009 the Western Australian Planning Commission (WAPC) were presented with a request to rezone a large portion of land to the north and west of the subject site from ‘Rural’ to ‘Urban Deferred’ under the Metropolitan Region Scheme. Whilst this request did not include the subject site, it was impacted upon by the proposed hard rock


quarry that has been allocated for Lot 302 Lage Road under State Planning Policy 2.6 (Basic Raw Materials).

In considering the request for the MRS amendment the Commission was compelled to consider the rationale for a hard rock quarry within the subject locality in the context of development outcomes proposed as part of Directions 2031 and the Bullsbrook Town site & Rural Strategy. With respect to this matter the WAPC, at its meeting on 25 January 2011, resolved as follows:

1. That a decision regarding the future retention and/or protection of both the clay and hard rock resource identified in the Bullsbrook area in SPP 2.4 - Basic Raw Materials requires determination in the context of a sub-regional structure plan which will consider all relevant planning issues prior to any final determination of the future Urban zoning in the North Eastern Corridor;

2. Note the need to assign priority to the development of a sub-regional structure plan having regard to environmental, social and economic implications whereby clear direction can be provided to landowners and service authorities regarding future urban development in the Bullsbrook area; and

3. In regard to resolutions 1 and 2 above, the Commission is of the view that a hard rock quarry in this Bullsbrook locality would not be an acceptable land use due to adverse environmental/social impacts and having regard for a wider community/urban planning land use interface perspective.

Whilst the resolution of the Commission on this matter is not directly applicable to the subject application, it does provide useful context to the WAPC’s review of State Planning Policy 2.6 and their view of the suitability of a proposed hard rock quarry on Lot 302 Lage Road, Bullsbrook.

Department of Environment and Conservation – (No Objection)

The Department of Environment and Conservation provided advice on three separate occasions, being 28th May 2010, the 3rd August 2010 and the 20 December 2010. All three pieces of advice were submitted after the close of the public submissions period.

1. Environmental Considerations (28th May 2010)

The Department has no objection to the Structure Plan proposal, where the developer is made aware of the following recommendations that need to be adopted:

a) Large trees constitute potential nesting hollows for the threatened Carnaby’s cockatoo. At this stage, the proponent needs to be made aware that large trees with a diameter greater than 1 m need to be retained.

b) The proponent needs to be aware that Walyunga National Park on the southern boundary is actively managed by DEC and activity such as prescribed burning and 1080 fox baiting are regularly carried out to protect native flora, fauna and property. This message needs to be formally passed on to prospective purchasers.

c) Open waterways fall under the jurisdiction of the Department of Water who produce guidelines for the protection of catchments. DEC supports the revegetation of a buffer surrounding waterways and the development of a waterways management plan as per these guidelines.


d) DEC’s Environmental Regulation Branch (ERB) is the custodian of information regarding the conditions by which Midland Brick can operate. The forwarded map indicates that Midland Brick does not have a generic buffer, but rather has a case specific buffer as per the EPA Guidance Statement No 3.

e) The proponent appears to have made accommodation for the visual amenity of proposed lots. However DEC queries whether the future expansion of the Midland Brick Quarry has been included in the proposal.

2. Noise Assessment Branch (Objection)

The Department of Environment’s Noise Assessment Branch provided advice on the proposed management of noise associated with the operation of a proposed hard rock quarry on Lot 302 Lage Road and an existing clay extraction area on the adjacent Lot 56 Stock Road, Bullsbrook as follows:

Hard Rock Quarry – Lot 302 Lage Road Bullsbrook

With regard to the proposed Hard Rock Quarry on Lot 302 Lage Road, the Noise Regulation Branch advised that:

a) The noise assessment conducted by Herring Storer Acoustics (HSA) in 1996 indicated that the proposed hard rock quarry might not be able to comply with the assigned noise levels at the 1 km buffer in the evening and at night time, and might even exceed the daytime assigned noise level if the noise is tonal.

b) It can be seen from the (applicant’s) report that the proposed subdivision will involve almost the whole of Lot 302 Lage Road. It appears to NRB that there will be no room for a hard rock quarry development, not to mention the required 1 km buffer. It is the NRB’s viewpoint that the proposed hard rock quarry on Lot 302 Lage Road will not be viable with the proposed Local Structure Plan in place.

Clay extraction area – Lot 56 Stock Road, Bullsbrook

With regard to the existing clay extraction operation occurring on Lot 56 Stock Road the Noise Regulation Branch advised that:

a) ‘the noise emissions from the current and Stage 2 operations of the Midland Brick Clay Quarry cannot be practicably managed to comply with the noise regulations at the proposed 300m buffer in the Local Structure Plan as outlined in the LGA report.

b) NRB would recommend that –

1) The Local Structure Plan be revised with a view to increasing the buffer distance between the Midland Brick Clay Quarry operations and the nearest residential building envelopes to at least 500 metres;

2) Where the Local Structure Plan does approve the development of residential lots within 500 metres, such development be deferred until quarry operations are complete within 500 metres of that development site.’


3. Dust Monitoring Report (Objection)

The Department of Environment and Conservation provided advice on the applicants Dust Monitoring Report on 20 December 2010, indicating that the data provided was unreliable and therefore the results were not supported by the Department.

The Department provided advice that the minimum buffer area for soft rock quarries is determined on a case by case basis, but due to the high background levels and potential for increase in dust in the future, it is recommended that buffer distances are maintained (at the previously recommended 500m).

The issue of the ‘priority resource locations’ will be further explored within the ‘Report’ section.

Department of Mines and Petroleum (Objection)

The Department of Mines and Petroleum (DMP) objected to the proposed structure plan on 30th April 2010, during the public comment period. Their comments are summarised as follows:

Priority Resource Location – Proposed Hard Rock Quarry (Lot 302 Lage Road)

a) The applicant incorrectly states that a licence was held for investigative test pitting for hard rock – in fact, Readymix held and extractive industry licence and had a 20 year agreement with the landowners to establish a commercially viable quarry operation;

b) Readymix advised in 2003 that they had decided that the Bullsbrook quarry site became unsuitable for them to develop as a commercial operation due to their decision to consolidate production elsewhere in the metropolitan area;

c) The Department of Mines and Petroleum considers that the potential rock reserve at this site is significant for the northern metropolitan area, and as such should be protected from encroachment of inappropriate development.

d) DMP considers that the location of the proposed hard rock quarry is highly suitable to support future urban development in the northern metropolitan area.

e) It is the role of the WAPC to consider all planning-related issues impacting upon extractive industry operations and provide advice as to the long term growth implications for Bullsbrook and the surrounding area.

f) As all of the resource within the Priority Resource Location for rock is potentially mineable for aggregate, in accordance with the EPA guidelines for setback distances, a building exclusion zone of up to 1000 metres from these rock resources is necessary.

Priority Resource Location – Clay extraction area (Lot 56 Stock Road)

a) Midland Brick have been extracting clay and shale for brick manufacturing at this site for nearly 40 years, and has indicated in excess of 20 years reserve of clay and shale remain.


b) Recent drilling has identified secondary dolerite intrusions that will necessitate blasting in the future, and as a result Midland Brick is concerned that plans for rural residential subdivision on adjacent properties will reduce protective setbacks and threaten important basic raw materials resources.

c) The DMP considers that the acoustic report presented by the applicant is insufficient, as it does not consider the potential impacts of blasting that will be required in the future.

d) The DMP, whilst not an expert noise modelling, believes that the proposed buffer (of 300m) is inadequate to protect the quarry operation where future blasting is planned, and suggests that a building exclusion zone of up to 1000m from the resource extraction area is necessary.

The issue of the ‘priority resource locations’ will be further explored within the ‘Report’ section.

Department of Water (No Objection)

The Department of Water provided advice on the 18th May 2010, four days after the close of the public submissions period.

The DoW indicated in their submission that they object to the structure plan for the subject lots on the basis that a Local Water Management Strategy has not been prepared for the site.

In response the applicant has undertaken a Local Water Management Strategy and submitted this as a component of the structure plan. This will be further discussed within the report section, but the applicant is considered to have met the Department of Water requirements that were outlined in their objection.

Main Roads WA (No Objection)

Main Roads WA provided advice on the 21 May 2010, six days after the close of the public submissions period. In this advice Main Roads indicated that they did not support the proposed structure plan due to:

a) The proposed upgrade to the existing intersection of Dewar Road/Great Northern Highway/Lage Road was considered to be unsatisfactory and was unacceptable to Main Roads;

b) The lack of a long term access strategy for Great Northern Highway in the Bullsbrook area that facilitated co-ordinated access points to improve safety and efficiency.

The applicant has since revised the access arrangements be proposing the eastern road to intersect with Great Northern Highway at a point 200m south of Lage Road. This entry point was confirmed as acceptable by Main Roads by written correspondence on 19 November 2010

In addition, in September 2010 the City of Swan, Department of Planning and Main Roads have initiated a long term access strategy for Great Northern Highway between Roe Highway in the south and the MRS boundary in the north. Main Roads has advised that the proposed access point for the subject structure plan will suffice for a period of


time but may need to be restructured as future development occurs on both sides of Great Northern Highway.

Department of Indigenous Affairs (No Objection)

The Department of Indigenous Affairs (DIA) on 4 May 2010, during the public comment period.

The DIA has advised:

a) There are eight places as currently mapped on the Register of Aboriginal Sites within the project area. Three of these sites are not identified as sites under the Aboriginal Heritage Act 1972 (AHA) and as such a notice under section 18 should not be required.

b) The remaining five sites include three permanent sites and two that require further recording in order to be assessed. The landowner should seek the prior written consent of the Minister for Indigenous Affairs via a notice under section 18 of the AHA in order to use the land.

c) It is recommended that heritage values be identified prior to subdivision to identify restrictions prior to development. It is noted that the proponent has undertaken a heritage survey in 2007, but if the site has been altered at all further surveys may be required.

d) That the proponents notify the Aboriginal community and/or Native Title claimants about their current work program, to ensure the community is aware of the project.

e) Should cultural material be discovered during the development, work should cease immediately and the site should be recorded and the DIA notified.

The applicant has responded to each of the above matters in the revised structure plan document.

Department of Health (No Objection)

The Department of Health (DoH) has provided advice on 24 May 2010, ten days after the close of the public submissions period.

The DoH advised that the proposed lots appear to be large enough to support onsite effluent disposal, and as such supports the proposal subject to:

a) The local government being satisfied that onsite effluent systems are sufficiently set back from local water courses; and

b) The Environmental Protection Authority being satisfied that any sensitive residential areas are sufficiently set back from local resource extraction areas.

Water Corporation (No Objection)

The Water Corporation has provided advice on 30 April 2010, during the period of public comment.

The Water Corporation has advised that:


a) The Corporations water supply planning excises the subject land from consideration, on the basis that as per existing examples within the locality, rural-residential development of this nature relies on its own water supply servicing arrangements;

b) The Corporation notes the proponent’s intention to reduce water consumption and wastewater from each household, utilising water harvesting, water reuse and water saving techniques, implemented through Design Guidelines at the subdivision stage. The Corporation encourages the applicants to liaise with it in the development of these guidelines, to draw on its experience and knowledge of such matters.

c) In accordance with the provisions of the Government Sewerage Policy – Perth Metropolitan Region, the lots proposed under the structure plan are exempt from the requirement to connect to the reticulated wastewater network. Accordingly the applicant’s proposal for wastewater disposal from each lot to be via onsite systems is supported.

Telstra

Telstra did not respond to a request for comment from the City of Swan on the 21 April 2010. It is not considered likely that they would raise any objection to the proposed structure plan.

Western Power

Western Power provided advice on 20 April 2010, during the period of public comment. This advice indicated that they had no objection to the structure plan and had no comment or feedback to provide.

REPORT

It should be noted that this report is an assessment of the advertised structure plan with the modifications outlined within the ‘Development Proposal’ section of this report.

For the purposes of clarity this report has been divided into an assessment of the structure plan in the context of the relevant strategic documents and an assessment against the relevant statutory framework.

1. Strategic Assessment:

1.1. Relevant Local Rural Strategy

In September 2008 the City of Swan finalised the review of the Bullsbrook Rural Strategy (1994) with the Council endorsement of the Bullsbrook Town site & Rural Strategy (BTRS). The BTRS was forwarded to the Western Australian Planning Commission on the 9th September 2008 with a request for consideration and endorsement as a Local Rural Strategy to replace the existing WAPC endorsed Bullsbrook Rural Strategy (1994). As of writing this report the consideration and endorsement of the BTRS is yet to occur, and the latest advice from the Department of Planning indicates that consideration will not occur for a further 12-18 months.


Under the BTRS the subject site is located within the ‘Landscape 2’ precinct, which amongst other provisions recommends:

• ‘A minimum lot size of 20ha for broad acre subdivision within the Landscape 2 Precinct, subject to land capability and site constraints. This minimum lot size is based on the surrounding lot sizes and the need to prevent vegetation clearance and land degradation associated with sub-division and development in the area’ (Pg. 141). and

• ‘A minimum lot size of 2ha for proposals that can be shown to provide linkages between the Rural Residential precinct and the Bullsbrook Town site area, and are supported by local infrastructure and community services’ (Pg. 141).

The applicant has indicated that they consider the proposed structure plan to fulfil the requirement to ‘provide a linkage between the Rural Residential precinct and the Bullsbrook Town site area’, as their structure plan proposes an east-west road linkage between Great Northern Highway and Clarkson Road. The applicant also considers that the proposed structure plan delivers all appropriate community and essential infrastructure.

Advice from the Department of Planning officers indicates that they do not consider it to be appropriate to assess the proposed structure plan in the context of the Bullsbrook Town site & Rural Strategy alone, as this has not yet been considered or endorsed as a Local Rural Strategy by the WAPC. The DoP considers it appropriate to assess the proposed structure plan in the context of the current WAPC endorsed local rural strategy for the Bullsbrook area, the Bullsbrook Rural Strategy (1994). For the subject area, the Bullsbrook Rural Strategy recommends a minimum lot size of 20 hectares subject to land capability and site specific assessment.

In response to the applicant’s statements and the Department of Planning advice, City officers provide the following:

a) City officers support the applicant’s contention that the proposed structure plan is consistent with the BTRS intention of providing a ‘linkage’ between the ‘Bullsbrook Town site’ and ‘Rural Residential’ precinct through the creation of a linkage road;

b) City officers support the applicant’s revised proposal, which includes the ceding of 4000m2 of land for a future fire station in addition to a financial contribution for the upgrade of local community infrastructure, as a reasonable contribution to community infrastructure within the locality; and

c) City officers do not support the Department of Planning’s advice indicating that it is inappropriate to disregard the recommended minimum lot size of 20ha under the WAPC endorsed Bullsbrook Rural Strategy (1994). The City of Swan considers that the Bullsbrook Town site & Rural Strategy is the primary strategic document guiding land use within Bullsbrook, and the final status of this document rests entirely with the Department of Planning.


Based on the above City officers consider that the submitted structure plan is consistent with the relevant Local Rural Strategy, being the Council endorsed Bullsbrook Town site & Rural Strategy (2008).

1.2. State Planning Policy 2.4: Basic Raw Materials

State Planning Policy 2.4 (Basic Raw Materials) (SPP2.4) is intended to identify sites of regional significance for raw material extraction, and outline matters which are to be taken into account and given effect in the consideration of zoning, subdivision and development applicants for extractive industries and in the vicinity of extractive industries.

There are two sites identified within SPP2.4 which impact upon the subject site, consisting of an unexplored and non-operational proposed hard rock quarry on Lot 302 Lage Road and an existing clay extraction area on the adjacent Lot 56 Stock Road (Attachment III). The policy identifies both of the sites as ‘priority resource locations’, which are defined as ‘locations of regionally significant resources which should be recognised for future basic raw material extraction and not be constrained by incompatible uses or development’.

The Department of Planning has advised that SPP2.4 is currently under review, but this review has not reached a stage to be of any use in the assessment of planning applications.

With respect to these two sites the following information should be noted:

e) Hard Rock Quarry – Lot 302 Lage Road, Bullsbrook

i. The owners of Lot 302 are the applicant for the subject structure plan, and have declared that they have no intention of undertaking resource extraction on this site;

ii. The proposed hard rock extraction at this site would impact adjoining properties to a minimum distance of 1000m, and would potentially impact further than this depending on topography and the methods of extraction utilised;

iii. The Department of Mines and Petroleum have advised that the lot is considered to contain an important rock resource, and as such should be given protection under SPP2.4;

iv. The Western Australian Planning Commission has advised that they are of ‘the view that a hard rock quarry in this Bullsbrook locality would not be an acceptable land use due to adverse environmental/social impacts and having regard for the wider community/urban planning land use interface perspective’.

f) Clay extraction area – Lot 56 Stock Road, Bullsbrook

i. The owner and operator of this site is Midland Brick, who have indicated that there are potentially 20 years worth of clay extraction remaining in the site;

ii. The Department of Environment & Conservation has advised that a minimum buffer distance of 500m should be applied from the clay


extraction area to any sensitive development in order to cater for dust and noise associated with existing extraction operations;

iii. The Department of Mines and Petroleum and Midland Brick have noted that there may be a requirement to undertake blasting in the future to access further clay deposits;

iv. Midland Brick would be required to modify their existing extraction approval in order to attain an approval to undertake blasting at the site, including consideration of the available blasting techniques and impact upon adjacent landholdings;

v. Vibration and flyrock associated with any future blasting would need to be assessed as a component of any future application, but would likely be limited to a buffer distance of 300m, as there are existing dwellings beyond this distance.

Based on the above information and the advice of the relevant State government agencies and authorities, City officers take the following position with respect to the structure plan as assessed under SPP2.4:

a) The ‘priority resource location’ at Lot 302 Lage Road, Bullsbrook, is not considered to be a relevant planning constraint as the Western Australian Planning Commission have advised that they are ‘of the view that a hard rock quarry in this Bullsbrook locality would not be an acceptable land use due to adverse environmental/social impacts and having regard for the wider community/urban planning land use interface perspective. As a result of this advice it is assumed that SPP2.4 will be amended to reflect the view of the WAPC, and as such the hard rock quarry and its proposed buffer area should not be a limitation on development either on the subject site or within the wider area; and

b) The structure plan is considered to be consistent with respect to the protection of the ‘priority resource location’ at Lot 56 Stock Road, Bullsbrook, in that it does not propose development within 500m of the existing and proposed extraction areas until such time as extraction operations have ceased.

1.3. Development Control Policy 3.4 (Subdivision of Rural Land)

Development Control Policy 3.4 outlines assessment criteria for the subdivision of rural zoned land. The most critical issue outlined within the policy relates to the provision of potable water, as the WAPC will generally require connection to a reticulated water supply where it is practicable and reasonable to do so for rural residential lots ranging from 1ha to 4ha.

With respect to the subject proposal the City understands that the existing water supply to Bullsbrook town site area is currently at capacity and will require upgrades prior to any significant urban expansion occurring within the town site area.

The applicant has estimated the upgrade works to cost in excess of $20 million and therefore does not consider this to be a practicable or reasonable water supply for the subject site.


The Water Corporation have provided advice supporting the applicant’s position that the subject site can be developed as proposed without the need to connect to a reticulated water supply. As a result of the above City officers consider that the proposed structure plan is generally in accordance with Development Control Policy 3.4.

2. Statutory Assessment:

The following information and recommendations have resulted from a comprehensive statutory assessment of the subject structure plan:

2.1. LPS17 Zoning

The proposed lots within the structure plan area are zoned 'Landscape' under the LPS.

The objectives of the landscape zone are to:

a) Provide for low density rural residential development and associated rural-residential activities, recognising the visual characteristics of the landscape;

b) Ensure as far as practicable, that the environmental and landscape characteristics of the area are not compromised by development and use of the land for either rural or residential purposes;

c) Encourage the rehabilitation of degraded areas through selected replanting of indigenous flora.

It is considered that the proposed structure plan is generally consistent with the objectives of the zone.

2.2. Land Use Conflict

The proposed land use of rural residential living is generally considered to be consistent with surrounding land uses, which include similar development to the east, rural uses and proposed urban development to the north and west and a National Park to the south.

There are two potential land use conflicts which are outlined as follows:

Clay Extraction Area – Lot 56 Stock Road, Bullsbrook

As outlined in Section 1.2 of this report, the subject site is impacted upon by an existing clay extraction area operated on the adjacent Lot 56 Stock Road, Bullsbrook. In response to the advice of the Department of Environment & Conservation with respect to noise and dust generated by the proposal, the applicant has restricted development within 500m of the clay extraction area until such time as the extraction operations have ceased.

The City has questioned the potential impact of future blasting at the clay extraction site, and has received the following advice:

a) Midland Brick does intend to use blasting at some point in the lifespan of the extraction operation, but at this point in time has no detailed


information on the extent of blasting, the likely timeframes that blasting will occur within or the method of blasting that will be used;

b) The Department of Environment and Conservation and the Department of Mines and Petroleum have advised that they cannot provide detailed guidance unless the applicant can demonstrate the methods of blasting that will be utilised, but has indicated that blasting at other similar locations has been contained well within the 500m buffer area provided as part of this application;

c) Midland Brick does not presently have an approval to blast, and would require an approval prior to undertaking any blasting at the subject site. As part of this approval they would need to clearly outline the methods that were to be employed and the likely impact upon neighbouring properties;

d) In the assessment of an application for blasting the existence of dwellings in proximity to the blasting area would be given the highest regard. In this respect there are several existing dwellings within 500m of the extraction area, and as such it is reasonable to assume any approval to undertake blasting would be contained to impact upon the distance to the nearest dwelling, which is approximately 300m.

As a result of the above City officers consider that the proposed buffer area of 500m is sufficient to ensure that future development is not adversely impacted upon by the clay quarry operations at Lot 56 Stock Road, and likewise the clay quarry operations are not prejudiced by the proposed development of the subject site.

Greenwaste Facility – Lot 1314 Great Northern Highway, Bullsbrook

On 1 July 2009 the Council approved a ‘Greenwaste Recycling Facility’ at Lot 1314 Great Northern Highway, Bullsbrook, which is adjacent to the structure planning areas (Attachment I). This approval was granted for a period of 5 years subject to a range of conditions, including the following:

a) …‘Prior to the commencement of activities on site, the applicant is to enter into a legal agreement (at the applicants cost) with the City of Swan to discontinue the approved use (Greenwaste Recycling Facility) at such time as any structure plan or subdivision application is approved by the Western Australian Planning Commission for any of the abutting properties’;

Based on the above condition the applicant has proposed that the City of Swan should revoke its approval for the ‘Greenwaste Recycling Facility’ on Lot 1314 Great Northern Highway upon endorsement of the subject structure plan.

City officers have reviewed this proposal and provide the following advice:

a) The officers report that accompanies the Council item for the approval of the ‘Greenwaste Recycling Facility’ discusses the Bullsbrook Town site & Rural Strategy proposal for the City of Swan to undertake a ‘Bullsbrook Town site Structure Plan’ that will facilitate urban development within the proposed town site area, which includes Lot


1314 Great Northern Highway. It is suggested that the officer intended to recommend that the approval for the ‘Greenwaste Recycling Facility’ be revoked upon endorsement of the ‘Bullsbrook Town site Structure Plan’, rather than the stated revocation upon the endorsement of any structure plan for any of the adjacent lots;

b) The ‘Greenwaste Recycling Facility’ has not yet commenced and as such no legal agreement with the City of Swan has been sought by the facilities proponents;

c) The structure plan applicant has provided no justification for their request to revoke the approval for the ‘Greenwaste Recycling Facility’ on Lot 1314 Great Northern Highway. Whilst no buffer area was proposed as part of the approval for the facility, the Environmental Protection Authority guidelines indicate that a buffer distance of 150m will generally be sufficient for sensitive development. This buffer zone is likely to be achieved based on the proposed design for the ‘Greenwaste Recycling Facility’ and the proposed building envelopes identified within the structure plan.

As a result of the above it is recommended that the structure plan is modified to exclude the request for revocation of the approval for the ‘Greenwaste Recycling Facility’ on Lot 1314 Great Northern Highway.

If the applicant wishes to request Council to revoke the approval they should do so separately upon final approval of the subject structure plan, and ensure that they clearly outline the justification for the proposed revocation of the approval.

Recommended Modification

Section 4.2 of the submitted structure plan is to be modified to remove reference of the proposed revocation of planning approval for the approved ‘Greenwaste Recycling Facility’ at Lot 1314 Great Northern Highway, Bullsbrook.

2.3. Subdivision Staging and Lot Layout

The proposed staging of subdivision, lot layout and location of building envelopes are outlined within Attachment IV.

The 219 proposed lots maintain a minimum size of 2.0ha and an overall average of 2.7ha is achieved, with larger lots accommodating areas of lower land capability, greater visual sensitivity and steeper/varying terrain. The lots have a 50m effective frontage measured at the front setback line.

The structure plan proposes building envelopes that are in accordance with the City's Policy requirements. The size of the building envelopes is limited to 2000m2 or 10% of the site area. Based on a desktop assessment building envelopes are not located within 30m of any watercourse, within significant remnant vegetation or on land with a gradient in excess of 20%. The structure plan proposes to manage the placement of buildings within the landscape through visual management measures, including design guidelines for dwellings and selected planting of vegetation that will be implemented as a condition of subdivision.


The applicant proposes to implement Building Envelopes as a condition of subdivision via the creation of a Section 70A Notification on the Certificate of Title under the Transfer of Land Act 1893.

It is noted, however, that the allocation of building envelopes within the structure plan is primarily based on a desktop assessment of environmental considerations, and no detailed site inspection has been undertaken by the applicant. Whilst a detailed inspection is not considered appropriate at a structure planning stage, the City does consider it appropriate for the applicant to demonstrate that each building envelope will be suitable based on site specific conditions prior to the clearance of any Title.

It is therefore recommended that the applicant be required, as a condition of subdivision, to employ a suitably qualified engineer to undertake a site inspection of each building envelope and demonstrate that it is suitable for the construction of a dwelling and associated outbuildings based on the criteria established in the City of Swan’s Building Envelopes Policy (POL-C-080) (as amended).

It is additionally noted that the proposed staging of subdivision has been altered by the applicant since the submission of the revised structure plan documentation. This revised staging plan, shown in Attachment IV, is in response to a revision to the proposed staging of the ‘Townsite Link Road’ which is further discussed in section 2.4.

City officers consider that the revised staging plan is appropriate and as such recommend that the Figure 27 and Section 10.1 of the structure plan are modified to reflect the revised staging plan in Attachment IV

Recommended Modification:

Section 10.1 and Figure 27 are to be modified to reflect the revised Staging Plan included in Attachment IV.

Section 10.2 of the structure plan document is to be modified to state the following:

‘As a condition of subdivision the applicant is to employ a suitably qualified engineer to undertake a site inspection of each building envelope and demonstrate that it is suitable for the construction of a dwelling and associated outbuildings and appropriate on-site effluent disposal system based on the criteria established in the City of Swan’s Building Envelopes policy (POL-C-080) (as amended).’

2.4. Traffic Access and Circulation

The applicant has proposed a road network to facilitate the proposed subdivision which is supported by a detailed Transport Assessment. The City’s engineers have reviewed this proposed road network and, subject to detailed design at subdivision stage, are generally supportive of the proposal.

In the advertised proposal the applicant indicated that the connection of the proposed ‘Town site Link Road’ to Great Northern Highway would occur via the existing Lage Road connection. Upon advice from Main Roads the


applicant shifted this connection to the south of Lage Road in order to ensure that there was a safe distance between the east and west connections to Great Northern Highway. This revised connection is shown in Attachment IV and is supported by both Main Roads and City of Swan officers.

It is noted that the new connection point to Great Northern Highway requires the ‘Town site Link Road’ to deviate through the adjacent Lot 61 (2342) Great Northern Highway, Bullsbrook. The applicant has advised that they represent the owner of Lot 61 (2342) Great Northern Highway, and that this land owner has no objection to the proposed road alignment or future subdivision of their landholdings as part of the proposed ‘Stage 1’ of subdivision.

Since the submission of the revised structure plan documentation the applicant has modified their proposal for the delivery of the ‘Town site Link Road’ in order to generate sufficient funds for a financial contribution to community infrastructure.

The applicant now proposes that as a component of Stage 1 of the subdivision they will construct the ‘Town site Link Road’ between Clarkson Road and Great Northern Highway in two separate stages (Attachment IV). The applicant proposes that the road will be ceded and constructed in the following manner:

a) As a component of the subdivision approval the entire road from Clarkson Road to Great Northern Highway will be designed to the City’s standards and ceded to the City as a Road Reserve;

b) Stage 1A, which spans from Clarkson Road as indicated in Attachment IV, will be fully constructed to the City’s standard prior to the clearance of any lots within Stage 1 of subdivision;

c) Stage 1B, which spans from Great Northern Highway to connect with Stage 1A, will be fully constructed over a 9 month period from the date of clearance of the first lot within Stage 1 of subdivision, subject to:

i. The applicant entering into a suitable legal agreement with the City of Swan outlining their commitment to fully construct Stage 1B of the town site link road within 9 months of the clearance of the first Lot in Stage 1 of subdivision;

ii. The applicant issuing an irrevocable Bank Guarantee in favour of the City of swan for the full value of the construction plus an agreed contingency for the construction of Stage 1B of the Town site Link Road;

iii. The applicant entering into a contract with a suitably qualified Civil contractor to construct Stage 1B of the Town site Link Road;

iv. The applicant submitting a construction management plan outlining the schedule for the road construction and the milestones that will need to be achieved in order for Stage 1B to be fully delivered within 9 months of the clearance of the first lot in Stage 1 of subdivision;


City officers have reviewed the revised proposal and consider it to be acceptable subject to the completion of the detailed designs and legal agreements outlined at the subdivision stage. As a result it is recommended that the revised proposal is included within the structure plan document.


Section 6.0 and 10.2 of the structure plan document is to be modified to clearly outline the revised staging of the Town site Link Road as follows:

• As a component of the subdivision approval the entire road from Clarkson Road to Great Northern Highway will be designed to the City’s standards and ceded to the City as a Road Reserve;

• Stage 1A, which spans from Clarkson Road as indicated in Attachment IV, will be fully constructed to the City’s standard prior to the clearance of any lots within Stage 1 of subdivision;

• Stage 1B, which spans from Great Northern Highway to connect with Stage 1A, will be fully constructed over a 9 month period from the date of clearance of the first lot within Stage 1 of subdivision, subject to:

i. The applicant entering into a suitable legal agreement with the City of Swan outlining their commitment to fully construct Stage 1B of the Town site link road within 9 months of the clearance of the first Lot in Stage 1 of subdivision;

ii. The applicant issuing an irrevocable Bank Guarantee in favour of the City of swan for the full value of the construction plus an agreed contingency for the construction of Stage 1B of the Town site Link Road;

iii. The applicant entering into a contract with a suitably qualified Civil contractor to construct Stage 1B of the Town site Link Road;

iv. The applicant submitting a construction management plan outlining the schedule for the road construction and the milestones that will need to be achieved in order for Stage 1B to be fully delivered within 9 months of the clearance of the first lot in Stage 1 of subdivision;

2.5. Drainage

Whilst the applicant did not include sufficient drainage information in the advertised structure plan, upon advice from the Department of Water they have undertaken a Local Water Management Strategy which now forms a component of the revised structure plan.

The Local Water Management Strategy (LWMS) establishes broad level designs and management measures for flood mitigation and effective stormwater management for the structure plan. The applicant has provided a 30 metre buffer from all building envelopes to creek lines as part of the LWMS. The LWMS provides strategies for water management within the


structure plan area and identifies several areas that require additional investigation as part of the implementation of the subdivision through the preparation of an Urban Water Management Plan (UWMP).

An Urban Water Management Plan (UWMP) will be required as a condition of subdivision approval and will provide further clarification including surface monitoring, water quality improvement measures, maintenance requirements and requirements for Aerobic Treatment Units.

City officers have reviewed the submitted Local Water Management Strategy and are generally supportive of it subject to an agreement that the developer will undertake ongoing monitoring of water quality for a period of 5 years. This should be clearly stated by the applicant in the structure plan and Local Water Management Strategy, and reflected in the Urban Water Management Plan.

It is additionally noted that the Department of Water are yet to provide their advice as to whether they support the Local Water Management Strategy. It is considered that the structure plan can be supported by Council subject to confirmation that the Department of Water has approved the submitted Local Water Management Strategy.


Section 10.3 of the structure plan report and Section 8 of the Local Water Management Strategy are to be modified to clearly outline that the developer will undertake ongoing monitoring of water quality for a period of 5 years.

2.6. Flora and Fauna

The applicants employed a qualified environmental consultant to review the flora and fauna within the subject area and provide advice on revegetation requirements.

The consultant noted that there are no areas of significant remnant vegetation or fauna habitat remaining on the subject site. This assessment has now been supported by the Department of Environment and Conservation.

The structure plan proposes revegetation throughout the subject site area with the aim of:

a) Reducing erosion along waterways and drainage lines;

b) Providing screening to minimise visual impact; and

c) Improving biodiversity and habitat values.

The applicant has proposed that a revegetation plan will be required as a condition of subdivision which will:

a) Propose revegetation consistent with the City’s Rural Subdivision Revegetation policy (POL-C-060) and the indicative revegetation plan (Figure 13) included within the structure plan document;


b) Address fencing and firebreaks so as to not obstruct the functioning of the existing and revegetated creek lines and drainage pathways; and

c) Include measures to avoid disturbance of the registered Aboriginal heritage site and is required to be provided as a condition of subdivision approval.


Section 10.2 of the structure plan document is to be modified to clearly outline that a ‘Revegetation Plan’ will be required at each stage of subdivision proposed.

2.7. Visual Landscape

The applicant has provided a visual landscape assessment which investigates the potential visual impacts of the proposed development when viewed from major viewing areas within the locality. The structure plan details landscape management measures that are proposed to be implemented when the subject site is developed as a condition of subdivision, including measures that will guide layout, housing design and revegetation to ensure that development is ‘blended in’ within the existing landscape.

Any lot that is created within the visual management area is to be the subject of design guidelines as a condition of subdivision. These guidelines are intended to provide future landowners with clear guidance on building design techniques to blend development into the landscape, including the use of non-reflective materials, eaves on windows, neutral colours, in addition to the use of appropriate building materials, height, fencing and retaining walls.

The applicant has proposed that the visual design measures be the subject of a an individual visual management assessment to determine whether it is appropriate to plant screening vegetation between the proposed dwelling, outbuilding and driveways, and the direction of the view, should the development be in the Visual Management Area.

Whilst the City generally supports the proposed implementation of development within visual management areas, it is noted that the revised structure plan document is not clear on the responsibilities for undertaking the required design guidelines or their method of implementation. As a result it is recommended that Section 10 of the structure plan document is modified to clearly state responsibilities and methods of implementation.


Section 10.2 of the structure plan document is to be modified to clearly state that:

a) As a condition of subdivision within the identified visual management areas the developer will be required to prepare and submit to the City of Swan suitable design guidelines that address:

a. Use of non-reflective materials, particularly on roofs;


b. The use of eaves on windows, to shade from glare and reduce the reflection of glass;

c. Use of colours that blend into the current landscape (neutral colours);

d. Use of natural building materials, such as local soil or rock;

e. Minimising the use of retaining walls and terracing;

f. Restricting development to single storey residences; and

g. Restricting the use of white fencing.

b) Each lot within the identified visual management areas will be subject to a Section 70A notification on Title advising that a landowner is required to comply with the adopted design guidelines for the visual management area.

2.8. Indigenous Heritage

A preliminary Aboriginal Heritage analysis of the subject site has found that ten (10) Aboriginal sites have been previously recorded within or in close proximity to the subject site. The study recommended an Archaeological field survey be conducted with aboriginal persons present. The archaeological field survey found three sites and one permanent site registered (DIA 3957) on the permanent register.

The archaeological survey found the sites where of low archaeological significance and recommended no further archaeological work, development may proceed provided:

a) Any disturbance to DIA 35957 is approved under the Aboriginal Heritage Act; and

b) Proponents take adequate measures to inform any project personnel that it is an offence to disturb any Aboriginal site without approval under the Act.

The applicant proposes to address the above matters by ensuring that the Aboriginal Heritage site is contained within a large lot (Proposed Lot 20), that the subsequent revegetation plan excludes revegetation of the aboriginal heritage site, and that future landowners are notified of the site and their obligations under the Aboriginal Heritage Act via a Section 70A Notification on their Certificate of Title. City officers consider that these measures adequately address Aboriginal heritage matters impacting upon the structure plan area.

2.9. Essential Servicing

The structure plan proposes that each lot created will be serviced to the following standard:

a) Potable Water: It is proposed that each dwelling will be serviced by a water storage tank of 120,000L with a roof catchment area no less


than 250m2, which is to be supplemented by occasional water cartage from local suppliers during extended dry periods. This is consistent with the servicing of surrounding rural properties, and generally consistent with the City’s Building and Development Standards – Rural Zones (POL-TP-126) and the WAPC’s Development Control Policy 3.6: Subdivision of Rural Land.

b) Wastewater: Wastewater disposal from each lot is proposed to be via onsite disposal systems (ATU’s) constructed and maintained by each individual lot owner. Each wastewater disposal system will be to the City of Swan and Health Department requirements and guidelines. The requirement for connection to an ATU is to be implemented for all proposed lots via a suitable Section 70A Notification on each Certificate of Title.

c) Power Supply: The structure plan confirms that there is sufficient electricity infrastructure within the locality for the development to be connected with 3 phase power, although the existing system will require reinforcement depending on capacity and staging of development. All power within the site is to be underground and a common trench will be provided for the underground power cables and communications conduits. Western Power has advised that they have no objection to the proposed structure plan.

d) Communications: The structure plan proposes that the subject area will be serviced by a connection to the existing fibre optic equipment located in Great Northern Highway. As the proposed development is over 100 dwellings it is expected that the broadband communications services would be provided by NBN Co. with the developer to provide the ‘pit and pipe’ for the service and NBN Co will install the fibre-optic broad band facilities. In addition to a reticulation trenching throughout the development, a small site(s) may be required to locate electronic infrastructure. These may be in a road reserve and will be located at least 15 metres away from any power transformer.

City officers are generally in support of the above proposals for essential servicing, but would recommend that the applicant be required to qualify their statements with respect to the requirement for electronic infrastructure within a road reserve. The statement should indicate that this will be subject to the further consideration of the City of Swan at subdivision stage, to ensure that the placement of such infrastructure is within the road reserve is appropriate and does not compromise the functionality of that road.

Recommended modification:

The final sentence of Section 7.7 of the structure plan document (Communications) is to be modified to state that the placement of communication infrastructure outside of the standard reticulation trench will be subject to detailed design and consideration of the City of Swan and service provider.

2.10. Community Infrastructure

In the advertised version of the structure plan the applicant did not sufficiently address the impact that the proposed development would have


upon the demand for community infrastructure within Bullsbrook. In negotiation with the City, the applicant revised the structure plan and provided an assessment of the existing infrastructure, and proposed a development contribution of:

a) The Town site Link Road providing fire safety access for existing residents and accessibility benefits to the wider community; and

b) A community service site, being the proposed Fire Station site of 4,000m2 for a future FESA fire station.

City officers considered this proposal and advised that:

a) The Town site Link Road was not considered to be community infrastructure, as the road was required to facilitate the subdivision proposed; and

b) Whilst land for the purpose of a future fire station was desired by the City of Swan, it was not considered to sufficiently meet the demand for community infrastructure created by the proposed development.

In response to the above position the applicant has revised their development contribution proposal to include the payment $4000.00 per lot created, including a credit for the value of the land for the proposed fire station of $219,000, which is to be used for the upgrade of community infrastructure within the Bullsbrook locality. The proposed contribution is to be implemented via a private legal agreement between the developer and the City of Swan, with payment being due upon clearance of each stage of subdivision.

The above agreement is predicated, however, on the agreement to stage the Town site Link Road in the manner outlined within Section 2.4 of this Report (Traffic Access and Circulation). If the proposed staging of the Town site Link Road cannot be agreed to as a suitable condition of subdivision then the applicant is no longer prepared to contribute the $4000.00 per lot, and will revert to their original contribution of the ceding of land for the purpose of a fire station only.

As articulated in the Section 2.4 of the report, City officers have reviewed the proposal to stage the construction of the Town site Link Road, and consider that it is acceptable subject to detailed design and suitable legal agreements being put in place.

The contribution of $4000.00 per lot created is considered by City officers to sufficiently meet the demand created for community infrastructure, and as such the City considers that the applicant has met the required community infrastructure contribution. As a result it is recommended that the structure plan document is modified to reflect the revised contribution arrangement outlined above.


Section 8.2 (Proposed Community Infrastructure and Services) is to be modified to clearly outline that:


a) Upon final approval of the structure plan, including the proposed staging of the Town site Link Road as a component of Stage 1 of subdivision, and prior to the approval of any subdivision application, the developer will enter into a suitable legal agreement with the City of Swan for the payment of $4000.00 per lot which is to be used for the purpose of upgrading community infrastructure within the Bullsbrook locality to accommodate demand for such infrastructure created by the proposed development; and

b) A credit will be granted for the above per lot contribution in the amount of $219,000 to off-set the ceding of 4000m2 of land by the developer to the City of Swan for the purpose of a future fire station as a component of Stage 1 of subdivision.

2.11. Fire Management

The advertised structure plan included a Bush Fire Management Plan that was considered by City officers to be insufficient and inadequate. As a result the applicant has revised the Bushfire Management Plan to ensure that it complies with the WAPC’s Planning for Bushfire Protection Guidelines and meets the City’s standards with respect to emergency access and infrastructure provision.

The revised Bushfire Management Plan includes the following measures to reduce the risk of bush fire hazard within the subject area:

a) The construction of the Town site Link Road in Stage 1 of subdivision to provide suitable access to Great Northern Highway for the subject area and existing rural-residential development east of the Darling Scarp;

b) Each stage of subdivision will be provided with two access/egress points to a gazetted road;

c) Firebreaks will be implemented by the developer at handover and maintenance will be required of subsequent landowners via a Section 70A Notification;

d) A 6m wide Fire Service Access will be provided as a Reserve vested with the City of Swan along the boundary of the subject area with Walyunga National Park, including connections via easements to internal road network;

e) Strategic firebreaks and emergency access ways will be provided across relevant lots to improve emergency access and bushfire control;

f) A 60m setback for all dwellings abutting Walyunga National Park;

g) A minimum 120,000Lt domestic water tank will be required for each dwelling, with a minimum 10,000Lt of water to be stored in the tank at all times;

h) A requirement that the developer install three 150,000Lt water tanks in expanded areas of Road Reserve for emergency water supply;


i) A requirement that the developer cede free of cost to the City of Swan a 4000m2 site for a future FESA Fire Station;

j) The required Building Protection Zones, Hazard Protection Zones and BAL (bushfire attack level) classifications will be implemented via a Section 70A Notification on Title;

k) The implementation of a Hazard Reduction Program by each landowner;

l) The preventing of revegetation within 6m of any firebreak and preventing screen planting from exceeding 20m in width.

City officers have reviewed the submitted Bush Fire Management Plan and are generally supportive subject to the minor modifications outlined below.

Recommended Modifications:

Section 5.0 and 10.2 of the structure plan document, in addition to Figure 20 and the submitted Bush Fire Management Plan to clearly outline that:

a) As a condition of subdivision the applicant will be required to have a site specific assessment undertaken by a qualified Fire Planning consultant in order to:

i. Confirm the Bushfire Attack Level rating in relation to the Building Envelope;

ii. Confirm the Hazard Separation Zone and Building Separation Zone requirements; and

iii. Submit a report to the City of Swan demonstrating that a) and b) have been completed.

b) Emergency access way easements will be required on all ‘battleaxe’ lots proposed to ensure that these residents of these lots have access to two gazetted roads in the event of a bushfire emergency;

c) Emergency access way easements are to be gated to ensure that ease of access in an a bushfire emergency;

d) The maintenance of emergency access way easements and associated gates will rest with the relevant property owner;

e) The maintenance of Strategic Firebreak easements and gates on private land will rest with the relevant property owner;

f) Recognise that the creation of a 4000m2 Reserve for the purpose of a future fire station will only accommodate the operational area of the fire station (buildings, car parks, water point areas) but will not allow for marshalling areas or Incident Control Points in the event of an emergency. In order to address this it is proposed that as a component of any future urban development to the immediate west of the subject area, a dual use public open space area of


approximately 2.5 hectares is ceded immediately adjacent to the proposed fire station site to be used in the event of an emergency.

OPTIONS AND IMPLICATIONS

Option 1: Council may adopt the proposed structure plan without modification.

Implications: This would likely result in a less than ideal development occurring, as there have been several significant modifications made to the structure plan in order to address issues raised in public and State government submissions.

Option 2: Council may choose to adopt the proposed structure plan with the modifications requested;

Implications: This would result in the City requesting the applicant to make the recommended modifications and forwarding the finalised documentation to the Western Australian Planning Commission with a request for final approval.

Option 3: Council may refuse to adopt the structure plan on grounds to be specified by Council.

Implications: This would likely result in the applicant lodging an appeal against Council’s refusal to adopt the proposed structure plan.

CONCLUSION

After careful consideration of the relevant issues and substantial modifications undertaken by the applicant City officers consider that the subject structure plan is acceptable for the purposes of adoption by Council. As a result it is recommended that Council adopt the subject structure plan, subject to the modifications and conditions outlined within the recommendation, and forward the documentation to the Western Australian Planning Commission with a request for final approval.

ATTACHMENTS

• Locality Map

• Structure Plan Map

• Resource Extraction Areas and Proposed Buffer Zones

• Staging of Development

• Fire Hazard Assessment

• Fire Infrastructure


• Schedule of Submissions

STRATEGIC IMPLICATIONS

The proposal is generally considered to be consistent with the key strategic documents of the Bullsbrook Town site & Rural Strategy (2008) and Directions 2031.

The proposal is also considered to be consistent with the State Planning Policy 2.4: Basic Raw Materials with respect to the ‘priority resource location’ on Lot 56 Stock Road, Bullsbrook, but inconsistent with the ‘priority resource location’ on Lot 302 Lage Road, Bullsbrook.

As outlined within the Report, City officers are of the opinion that the ‘priority resource location’ on Lot 302 Lage Road is no longer supported as a ‘hard rock quarry’ by either the City of Swan or the Western Australian Planning Commission, and as such this should not form an impediment to future development within Bullsbrook.

STATUTORY ENVIRONMENT

The submitted documentation is considered sufficient to meet the requirements of a structure plan under Part 5A.1.6.1, in it is not considered to be in the interests of proper and orderly planning to entertain a structure plan that provides unclear and/or inconsistent advice for future subdivision and development.

FINANCIAL IMPLICATIONS

Nil

RECOMMENDATION

That the Council resolve to:

1. Adopt the revised local structure plan submitted by the applicant for Lot 301 Stock Road and Lot 302 Lage Road subject to:

a) The Western Australian Planning Commission confirming that the ‘priority resource location’ identified under State Planning Policy 2.4 (Basic Raw Materials) on Lot 302 Lage Road, Bullsbrook, is no longer supported as a resource extraction area, and as such will be removed from the State Planning Policy as part of the ongoing policy review;

b) The Department of Water confirming that they are satisfied that the revised Local Water Management Strategy (July 2011) is sufficient to meet the requirements outlined within Better Urban Water Management (October 2008);


c) The applicant undertaking the following modifications to the structure plan documentation to the satisfaction of the Chief Executive Officer:

i. Section 4.2 of the submitted structure plan is to be modified to remove reference of the proposed revocation of planning approval for the approved ‘Greenwaste Recycling Facility’ at Lot 1314 Great Northern Highway, Bullsbrook.

ii. Section 10.1 and Figure 27 are to be modified to reflect the revised Staging Plan included in Attachment IV.

iii. Section 10.2 of the structure plan document is to be modified to state the following:

‘As a condition of subdivision the applicant is to employ a suitably qualified engineer to undertake a site inspection of each building envelope and demonstrate that it is suitable for the construction of a dwelling and associated outbuildings and appropriate on-site effluent disposal system based on the criteria established in the City of Swan’s Building Envelopes policy (POL-C-080) (as amended).’

iv. Section 6.0 and 10.2 of the structure plan document is to be modified to clearly outline the revised staging of the Town site Link Road as follows:




− The applicant entering into a suitable legal agreement with the City of Swan outlining their commitment to fully construct Stage 1B of the Town site link road within 9 months of the clearance of the first Lot in Stage 1 of subdivision;

− The applicant issuing an irrevocable Bank Guarantee in favour of the City of swan for the full value of the construction plus an agreed contingency for the construction of Stage 1B of the Town site Link Road;

− The applicant entering into a contract with a suitably qualified Civil contractor to construct Stage 1B of the Town site Link Road; and

− The applicant submitting a construction management plan outlining the schedule for the road construction and the milestones that will need to be achieved in order for Stage 1B


to be fully delivered within 9 months of the clearance of the first lot in Stage 1 of subdivision.

v. Section 10.3 of the structure plan report and Section 8 of the Local Water Management Strategy are to be modified to clearly outline that the developer will undertake ongoing monitoring of water quality for a period of 5 years.

vi. Section 10.2 of the structure plan document is to be modified to clearly outline that a ‘Revegetation Plan’ will be required at each stage of subdivision proposed.

vii. Section 10.2 of the structure plan document is to be modified to clearly state that:

• As a condition of subdivision within the identified visual management areas the developer will be required to prepare and submit to the City of Swan suitable design guidelines that address:

− Use of non-reflective materials, particularly on roofs;

− The use of eaves on windows, to shade from glare and reduce the reflection of glass;

− Use of colours that blend into the current landscape (neutral colours);

− Use of natural building materials, such as local soil or rock;

− Minimising the use of retaining walls and terracing;

− Restricting development to single storey residences; and

− Restricting the use of white fencing.

• Each lot within the identified visual management areas will be subject to a Section 70A notification on Title advising that a landowner is required to comply with the adopted design guidelines for the visual management area.

viii. The final sentence of Section 7.7 of the structure plan document (Communications) is to be modified to state that the placement of communication infrastructure outside of the standard reticulation trench will be subject to detailed design and consideration of the City of Swan and the relevant service provider.

ix. Section 8.2 of the structure plan report (Proposed Community Infrastructure and Services) is to be modified to clearly outline that:

• Upon final approval of the structure plan, including the proposed staging of the Town site Link Road as a component of Stage 1 of subdivision, and prior to the approval of any subdivision application, the developer will enter into a suitable legal agreement with the City of Swan for the payment of $4000 per lot


which is to be used for the purpose of upgrading community infrastructure within the Bullsbrook locality to accommodate demand for such infrastructure created by the proposed development; and

• A credit will be granted for the above per lot contribution in the amount of $219,000 to off-set the ceding of 4000m2 of land by the developer to the City of Swan for the purpose of a future fire station as a component of Stage 1 of subdivision.

x. Section 5.0 and 10.2 of the structure plan document, in addition to Figure 20 and the submitted Bush Fire Management Plan to clearly outline that:

• As a condition of subdivision the applicant will be required to have a site specific assessment undertaken by a qualified Fire Planning consultant in order to:

− Confirm the Bushfire Attack Level rating in relation to the Building Envelope;

− Confirm the Hazard Separation Zone and Building Separation Zone requirements; and

− Submit a report to the City of Swan demonstrating that a) and b) have been completed.

• Emergency access way easements will be required on all ‘battleaxe’ lots proposed to ensure that these residents of these lots have access to two gazetted roads in the event of a bushfire emergency;

• Emergency access way easements are to be gated to ensure that ease of access in an a bushfire emergency;

• The maintenance of emergency access way easements and associated gates will rest with the relevant property owner;

• The maintenance of Strategic Firebreak easements and gates on private land will rest with the relevant property owner;

• Recognise that the creation of a 4000m2 Reserve for the purpose of a future fire station will only accommodate the operational area of the fire station (buildings, car parks, water point areas) but will not allow for marshalling areas or Incident Control Points in the event of an emergency. In order to address this it is proposed that as a component of any future urban development to the immediate west of the subject area, a dual use public open space area of approximately 2.5 hectares is ceded immediately adjacent to the proposed fire station site to be used in the event of an emergency.

2. Forward the adopted documentation to the Western Australian Planning Commission with a request for final approval.

3. Notify the applicant and all those that made a submission of Council’s decision.


MOTION that the Council resolve to:

1) Adopt the Recommendation as presented with an additional dot point in Recommendation 1 (x) to read as follows:

• As a condition of subdivision the applicant will be required to register a Section 70A Notification on Title stating that the required Building Protection Zone, Hazard Protection Zone and BAL (bushfire attack level) Classifications will be implemented and maintained thereafter by the landowner in accordance with Fire Management Plan which forms part of the Local Structure Plan No.11.

2) Record that the reason for changing the Recommendation is to ensure that the provisions of the Fire Management Plan are implemented and maintained thereafter by the responsible landowners via a Section 70A Notification on the respective Titles.

(Cr T Williams - Cr Bailey)

RESOLVED UNANIMOUSLY TO:

1) Adopt the revised local structure plan submitted by the applicant for Lot 301 Stock Road and Lot 302 Lage Road subject to:

a) The Western Australian Planning Commission confirming that the ‘priority resource location’ identified under State Planning Policy 2.4 (Basic Raw Materials) on Lot 302 Lage Road, Bullsbrook, is no longer supported as a resource extraction area, and as such will be removed from the State Planning Policy as part of the ongoing policy review;

b) The Department of Water confirming that they are satisfied that the revised Local Water Management Strategy (July 2011) is sufficient to meet the requirements outlined within Better Urban Water Management (October 2008);

c) The applicant undertaking the following modifications to the structure plan documentation to the satisfaction of the Chief Executive Officer:

i. Section 4.2 of the submitted structure plan is to be modified to remove reference of the proposed revocation of planning approval for the approved ‘Greenwaste Recycling Facility’ at Lot 1314 Great Northern Highway, Bullsbrook.

ii. Section 10.1 and Figure 27 are to be modified to reflect the revised Staging Plan included in Attachment IV.

iii. Section 10.2 of the structure plan document is to be modified to state the following:

‘As a condition of subdivision the applicant is to employ a suitably qualified engineer to undertake a site inspection of each building envelope and demonstrate that it is suitable for the construction of a dwelling and associated outbuildings and appropriate on-site effluent disposal system based on the criteria


established in the City of Swan’s Building Envelopes policy (POL-C-080) (as amended).’

iv. Section 6.0 and 10.2 of the structure plan document is to be modified to clearly outline the revised staging of the Town site Link Road as follows:




− The applicant entering into a suitable legal agreement with the City of Swan outlining their commitment to fully construct Stage 1B of the Town site link road within 9 months of the clearance of the first Lot in Stage 1 of subdivision;

− The applicant issuing an irrevocable Bank Guarantee in favour of the City of swan for the full value of the construction plus an agreed contingency for the construction of Stage 1B of the Town site Link Road;

− The applicant entering into a contract with a suitably qualified Civil contractor to construct Stage 1B of the Town site Link Road; and

− The applicant submitting a construction management plan outlining the schedule for the road construction and the milestones that will need to be achieved in order for Stage 1B to be fully delivered within 9 months of the clearance of the first lot in Stage 1 of subdivision.

v. Section 10.3 of the structure plan report and Section 8 of the Local Water Management Strategy are to be modified to clearly outline that the developer will undertake ongoing monitoring of water quality for a period of 5 years.

vi. Section 10.2 of the structure plan document is to be modified to clearly outline that a ‘Revegetation Plan’ will be required at each stage of subdivision proposed.

vii. Section 10.2 of the structure plan document is to be modified to clearly state that:


• As a condition of subdivision within the identified visual management areas the developer will be required to prepare and submit to the City of Swan suitable design guidelines that address:

− Use of non-reflective materials, particularly on roofs;

− The use of eaves on windows, to shade from glare and reduce the reflection of glass;

− Use of colours that blend into the current landscape (neutral colours);

− Use of natural building materials, such as local soil or rock;

− Minimising the use of retaining walls and terracing;

− Restricting development to single storey residences; and

− Restricting the use of white fencing.

• Each lot within the identified visual management areas will be subject to a Section 70A notification on Title advising that a landowner is required to comply with the adopted design guidelines for the visual management area.

viii. The final sentence of Section 7.7 of the structure plan document (Communications) is to be modified to state that the placement of communication infrastructure outside of the standard reticulation trench will be subject to detailed design and consideration of the City of Swan and the relevant service provider.

ix. Section 8.2 of the structure plan report (Proposed Community Infrastructure and Services) is to be modified to clearly outline that:

• Upon final approval of the structure plan, including the proposed staging of the Town site Link Road as a component of Stage 1 of subdivision, and prior to the approval of any subdivision application, the developer will enter into a suitable legal agreement with the City of Swan for the payment of $4000 per lot which is to be used for the purpose of upgrading community infrastructure within the Bullsbrook locality to accommodate demand for such infrastructure created by the proposed development; and

• A credit will be granted for the above per lot contribution in the amount of $219,000 to off-set the ceding of 4000m2 of land by the developer to the City of Swan for the purpose of a future fire station as a component of Stage 1 of subdivision.


x. Section 5.0 and 10.2 of the structure plan document, in addition to Figure 20 and the submitted Bush Fire Management Plan to clearly outline that:

• As a condition of subdivision the applicant will be required to have a site specific assessment undertaken by a qualified Fire Planning consultant in order to:

− Confirm the Bushfire Attack Level rating in relation to the Building Envelope;

− Confirm the Hazard Separation Zone and Building Separation Zone requirements; and

− Submit a report to the City of Swan demonstrating that a) and b) have been completed.

• Emergency access way easements will be required on all ‘battleaxe’ lots proposed to ensure that these residents of these lots have access to two gazetted roads in the event of a bushfire emergency;

• Emergency access way easements are to be gated to ensure that ease of access in an a bushfire emergency;

• The maintenance of emergency access way easements and associated gates will rest with the relevant property owner;

• The maintenance of Strategic Firebreak easements and gates on private land will rest with the relevant property owner;

• Recognise that the creation of a 4000m2 Reserve for the purpose of a future fire station will only accommodate the operational area of the fire station (buildings, car parks, water point areas) but will not allow for marshalling areas or Incident Control Points in the event of an emergency. In order to address this it is proposed that as a component of any future urban development to the immediate west of the subject area, a dual use public open space area of approximately 2.5 hectares is ceded immediately adjacent to the proposed fire station site to be used in the event of an emergency.

• As a condition of subdivision the applicant will be required to register a Section 70A Notification on Title stating that the required Building Protection Zone, Hazard Protection Zone and BAL (bushfire attack level) Classifications will be implemented and maintained thereafter by the landowner in accordance with Fire Management Plan which forms part of the Local Structure Plan No.11.

2) Forward the adopted documentation to the Western Australian Planning Commission with a request for final approval.

3) Notify the applicant and all those that made a submission of Council’s decision.


4) Record that the reason for changing the Recommendation is to ensure that the provisions of the Fire Management Plan are implemented and maintained thereafter by the responsible landowners via a Section 70A Notification on the respective Titles.

3.3 consideration for adoption of local structure …

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