agenda - no 119 - city of canning - city of bayswater.pdf

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Metro Central Joint Development Assessment Panel Agenda

Meeting Date and Time: Metro Central JDAP; 1pm Meeting Number: MCJDAP/119 Meeting Venue: City of Bayswater 61 Broun Avenue Morley Attendance

DAP Members Mr Charles Johnson (Presiding Member) Mr Ian Birch (Deputy Presiding Member) Mr Luigi D’Alessandro (Specialist Member) Cr Chris Cornish (Local Government Member, City of Bayswater) Cr Terry Kenyon (Local Government Member, City of Bayswater) Mr David Gray (Local Government Member, City of Canning) Mr Blair Campbell (Local Government Member, City of Canning) – via teleconference Officers in attendance Helen Smith (City of Bayswater) Lance Collison (DoP) Local Government Minute Secretary Madison Parsons (City of Bayswater) Applicants and Submitters Nil Members of the Public Nil 1. Declaration of Opening

The Presiding Member declares the meeting open and acknowledges the past and present traditional owners and custodians of the land on which the meeting is being held.

2. Apologies

Nil

3. Members on Leave of Absence

Nil

Version: 1

4. Noting of Minutes

Note the Minutes of the Metro Central meeting No.115 held on the 4 August 2015.

5. Declarations of Due Consideration

Any member who is not familiar with the substance of any report or other information provided for consideration at the DAP meeting must declare that fact before the meeting considers the matter.

6. Disclosure of Interests

Nil

7. Deputations and Presentations

7.1 Mr Jeremy Hofland (Rowe Group) presenting for the application at Item 10.1. The presentation will discuss matters relating to the approval of conditions 3(f) and 17 which are subject to reconsideration under S.31 of the State Administrative Tribunal Act 2004.

8. Form 1 - Responsible Authority Reports – DAP Application

Nil

9. Form 2 – Responsible Authority Reports - Amending or cancelling DAP

development approval

9.1 Property Location: 37-49 Kew Street, Welshpool Application Details: Additions/Alterations to an Existing Warehouse

and Light Industry (Laboratory) Applicant: The Planning Group (TPG) Owner: State of Western Australia Responsible authority: Western Australian Planning Commission DoP File No: DAP/14/00511

10. Appeals to the State Administrative Tribunal

10.1 Property Location: Lot 100, No. 293 Guildford Road, Maylands Application Details: Three (3) Storey Mixed Use Development

Comprising 10 Offices, and 18 Multiple Dwellings Applicant: Rowe Group Owner: Luminous Holdings Pty Ltd Responsible authority: City of Bayswater DoP File No: DAP/15/00712

11. General Business / Meeting Closure

Meeting No.115 4 August 2015

Mr Charles Johnson Presiding Member, Metro Central JDAP Page 1

Minutes of the Metro Central Joint Development Assessment

Panel Meeting Date and Time: 4 August 2015; 3:30pm Meeting Number: MCJDAP/115 Meeting Venue: City of Belmont, 215 Wright Street, Belmont Attendance

DAP Members Mr Charles Johnson (Presiding Member) Mr Ian Birch (Deputy Presiding Member) Mr Luigi D’Alessandro (Specialist Member) Cr Phil Marks (Local Government Member, City of Belmont) Cr Robert Rossi (Local Government Member, City of Belmont) Cr Colin Cala (Local Government Member, City of South Perth) Mr Glen Cridland (Local Government Member, City of South Perth) Cr Nicole Foxton (Local Government Member, City of Melville) Cr Mark Reynolds (Local Government Member, City of Melville) Officers in attendance Mr Wilmot Loh (City of Belmont) Mr Simon Peters (City of Belmont) Ms Dorothy Harmer (City of Belmont) Mr Jarrod Ross (City of Belmont) Mr Jeremy Taylor (City of Belmont) Mr Austin Donaghey (City of Melville) Mr Cameron Howell (City of South Perth) Local Government Minute Secretary Ms Caroline Wyder-Saunders (City of Belmont) Applicants and Submitters Mr Jeremy Hofland (Rowe Group) Ms Marieka van den Bergh (Urbis) Mr Simon Woodacre (McDonalds) Mr Daniel Lees (TPG) M Scott Cameron (Finbar) Mr Oskar Booth (McDonald Jones Architects) Mr Aaron Lohman (Rowe Group) Ms Carolyn Martin Mr Jordan McDermott



Members of the Public 4 Members of the Public 1. Declaration of Opening

The Presiding Member, Mr Charles Johnson declared the meeting open at 3.30pm on 4 August 2015 and acknowledged the past and present traditional owners and custodians of the land on which the meeting was being held.

2. Apologies

Nil

3. Members on Leave of absence

Nil

4. Noting of minutes

Note the Minutes of the Metro Central JDAP meeting No.113 held on the 20 July 2015 and meeting No.114 held on the 21 July 2015.

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of interests

Nil

7. Deputations and presentations 7.1 Ms Carolyn Martin presented against the application at Item 8.1. 7.2 Mr Jordan and Ms Ann McDermott presented against the application at

Item 8.1. 7.3 Mr Oskar Booth (McDonald Jones Architects) presented for the

application at Item 8.1. 7.4 Mr Aaron Lohman (Rowe Group) presented for the application at Item

8.1. 7.5 Mr Dan Lees (TPG Town Planning, Urban Design & Heritage)

presented for the application at Item 9.1. 7.6 Mr Simon Woodacre (McDonalds’s Australia Ltd) presented for the

application at Item 9.2.



PROCEDURAL MOTION Moved by: Mr Ian Birch Seconded by: Mr Lou D'Alessandro That the agenda application at Items 9.1 and 9.2 be heard prior to the application at Item 8.1. The Procedural Motion was put and CARRIED UNANIMOUSLY. The presentation at Item No 7.5 was heard prior to the application at Item 9.1. The presentation at Item No 7.6 was heard prior to the application at Item 9.2. 4.00pm: The Presiding Member thanked Cr Foxton and Cr Reynolds and City

Officer. City of Melville Councillors and Officer departed the meeting and did not return.

4.00pm: City of Belmont Councillors Phil Marks and Robert Rossi joined the

meeting. Both declared no interest and advised they had considered all matters. The Presiding Member welcomed the City of Belmont Councillors and Officers to the meeting.

8.1 Property Location: Lots 762, 764 & 153 (264 & 266) Great Eastern

Highway, Ascot Application Details: 112 Serviced Apartments Applicant: Rowe Group Owner: Jeffees Nominees Pty Ltd Responsible authority: City of Belmont DoP File No: DAP/15/00792

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Mr Ian Birch Seconded by: Mr Lou D'Alessandro That the Metro Central JDAP resolves to: Approve DAP Application reference DAP/15/00792 and accompanying plans date stamped 17 July 2015 in accordance with the City of Belmont Local Planning Scheme No. 15, subject to the following conditions: Conditions 1. The development plans, as dated, marked and stamped “Development

Assessment Panels Approved”, together with any requirements and annotations detailed thereon, are the plans approved as part of this application and shall form part of the planning approval issued.

2. All existing buildings and structures on the lots, including soakwells, leach drains, septic tanks and waste water disposal systems, shall be removed and the land levelled.



3. A geotechnical report prepared by an appropriately qualified consultant certifying that the ground is capable of accommodating the proposed development, shall be lodged with the City prior to the commencement of construction on the site, at the cost of the owner/applicant, to the satisfaction of the City’s Manager Projects and Development.

4. Lots 762, 764 and 153 shall be amalgamated and a new certificate of title obtained for the amalgamated lot prior lodgement of an application for building permit.

5. Prior to occupation or use of the development, the external face of the north-western and south-western walls built on the boundary shall be finished in either: a. face brick; b. painted render; or c. painted brick work.

6. Any fences / walls in the front setback of the property shall be visually permeable:

a. 1.2 metres above natural ground level within the primary street setback area; and

b. 0.75 metres above natural ground level within 1.5 metres of the intersection of a driveway and a public street or where two streets intersect.

7. The balconies on the First to Eighth levels of the development with a cone of vision distance less than 7.5m from the boundary of the adjacent property (52 Epsom Avenue), shall be screened to comply with Clause 6.4.1 of the Residential Design Codes to the satisfaction of the City’s Director Community and Statutory Services, Manager Planning Services or Coordinator Planning Services.

8. No services, such as air conditioners or water heaters shall be visible from the street.

9. All clothes drying devices and clothes drying areas shall be located and positioned so as not to be visible from the street or a public place.

10. A landscaping and irrigation plan for the subject development site and street verge is to be prepared and submitted to the City for approval within 3 months of the date of this approval.

11. Prior to occupation or use of the development, landscaping, plants, verge treatment and/or irrigation are to be installed and thereafter maintained in accordance with the approved landscaping and irrigation plan for the duration of the approved development to the satisfaction of the City’s Manager Parks and Environment.

12. No existing turf, irrigation or street trees located in the road verge abutting or adjacent to the subject land may be damaged or removed during the course of the development, unless separately approved in writing by the City.

13. Prior to occupation or use of the development, vehicle parking, manoeuvring and circulation areas shall be designed, constructed, sealed, drained, line marked and kerbed in accordance with:



a. The approved plan (70 spaces);

b. Australian Standard 2890.1; and

c. Council’s engineering requirements and design guidelines.

The areas must be sealed in bitumen or concrete in accordance with the City of Belmont specifications, unless otherwise approved by the City’s Director Technical Services. All parking bays must be clearly line marked.

14. Prior to occupation of the development/commencement of the use, a minimum of 8 bicycle bays are to be installed and maintained for the course of the use of the development to the specifications contained within the City’s Supplementary Planning Guidelines for End of Trip Facilities, to the satisfaction of the City’s TravelSmart Officer.

15. Prior to occupation of use or development, a Car Parking Management Strategy with respect to on-site car parking provision for staff of the serviced apartments shall be prepared to the satisfaction of the City’s Director Community and Statutory Services, Manager Planning Services or Coordinator Planning Services. The Management Strategy shall include details regarding the number of staff, the number of allocated car parking bays for staff, the location of the staff parking spaces, and the times of the day that staff parking is permitted, having regard for the adequate provision of parking for guests of the serviced apartments. The Car Parking Management Strategy shall thereafter be implemented for the life of the development/use.

16. The applicant shall arrange for the preparation and implementation of a construction and traffic management plan in accordance with the requirements of AS 1742 Pt 3 prior to the commencement of site works within the Epsom Avenue road reserve. The construction and traffic management plan shall be submitted for the approval of the City’s Technical Services no later than 14 days prior to the commencement of site works.

17. In order to facilitate and coordinate the orderly movement of vehicular traffic associated with future development abutting Great Eastern Highway, an easement in gross is to be granted free of cost to the City of Belmont as a public access easement in the location/s marked on the approved plans. The easement documentation is to be prepared by the City’s solicitors at the applicant/owner’s full expense and registered on the certificate of title for the land prior lodgement of an application for a building permit, unless otherwise agreed in writing by the City.

18. Prior to the occupation of the development / commencement of the use, the part of Lots 762, 764 and 153 the subject of any access easement shall be paved, kerbed and drained in accordance with the City’s engineering requirements and design guidelines and thereafter maintained to a standard satisfactory to the City’s Director Technical Services. Any construction and maintenance costs are to be borne by the owner. The maintenance obligation is to be stated in the grant of easement documentation.

19. The easement in gross for ‘Public Access’ shall not be gated.

20. No earthworks shall encroach onto the Great Eastern Highway reserve.



21. No stormwater drainage shall be discharged into the Great Eastern Highway reserve.

22. Prior to occupation or use of the development, noise attenuation measures in accordance with SPP5.4 shall be implemented by the owner/applicant, to the satisfaction of the City’s Director Community & Statutory Services, Manager Planning Services or Coordinator Planning Services.

23. Prior to occupation or use of the development, the Epsom Avenue traffic island shall be modified to allow unrestricted vehicle access/egress between the subject property and Epsom Avenue at the cost of the owner/applicant, to the satisfaction of the City’s Director Technical Services. The modifications shall include signing, road markings, relocation of services and street lighting. Detailed design drawings shall be submitted to the City/Main Roads for approval prior to commencement of any work relating to the modification of the Epsom Avenue traffic island.

24. Provision to be made so that all commercial vehicles and trucks can ingress and egress the site in forward gear. No reversing of vehicles and trucks to or from the site via a public road is permitted.

25. All access ways, parking areas and hard stand areas shall be maintained in accordance with the City’s engineering requirements and design guidelines.

26. The vehicle entry point is to be signposted with a ‘Low Clearance’ sign in accordance with Australian Standard AS2890.1:2004.

27. Traffic management measures for use of the vehicle ramp to the upper level car park shall be implemented to the satisfaction of the City’s Manager Projects and Development.

28. Prior to occupation or use of the development, the owner / applicant shall, after having obtained written approval from the City’s Technical Services (Technical Services Clearance Application), construct a vehicle crossover in accordance with the approved plans and Council’s engineering specifications to the satisfaction of the City’s Manager Projects and Development.

29. Prior to occupation or use of the development, the redundant crossover to Lot 764, as shown on the approved plans, shall be removed and the verge and kerb reinstated in accordance with the City’s Technical Specifications, to the satisfaction of the City’s Manager Projects & Development.

30. All stormwater from roofed and paved areas shall be collected and disposed of via piped connection to the existing system on the site in accordance with the City of Belmont’s engineering requirements and design guidelines. Any existing drains, drainage pits and soakwells shall be maintained in a clean and clear condition free of obstruction.

31. The owner/applicant shall submit a detailed stormwater plan for approval of the Manager Projects & Development prior to application for a building permit, showing the proposed drainage system to the standards of the City of Belmont’s engineering requirements and design guidelines.

32. Prior to the application for a building permit or other such time agreed to in writing by the City, the owner/applicant shall elect to either:



Seek approval from the City of Belmont for an artist to provide public art on the development site to a minimum value of $120,000; or Make arrangements with the City of Belmont for a cash-in-lieu payment of $120,000 being 1% of the estimated cost of the development to the satisfaction of the City’s Coordinator Community Wellbeing.

33. Where public art will be provided on the development site in accordance with

Condition 32, the approved concept/strategy shall be thereafter implemented and the artwork constructed and maintained for the life of the development to the satisfaction of the City’s Coordinator Community Wellbeing.

Advice Notes 1. A planning approval is not an approval to commence any works associated with

the development. A Building Permit must be obtained prior to commencement of any site and building works. Please liaise with the City’s Building Department to ascertain the requirements to allow for a building permit to be issued.

2. This planning approval is not a demolition permit. A demolition permit must be obtained from the City’s Building Services prior to commencement of any demolition works. Please liaise with the City’s Building Services for further information.

3. Existing on-site effluent disposal system(s) and waste water disposal system(s) are to be decommissioned in accordance with the Health (Treatment of Sewerage and Disposal of Effluent and Liquid Waste) Regulations 1974. A pump out receipt from a licensed liquid waste contractor is to be provided to local government as proof of decommissioning.

4. Written certification for the removal of septic tanks and backfill with clean fill is required in the form of either:

a. Written certification from a licensed demolition contractor stating that all septic tanks including all tanks and pipes and associated drainage systems (soakwells or leach drains) and any stormwater disposal systems have been decommissioned and removed and backfilled with clean fill; or

b. A statutory declaration from the land owner or licensed demolition contractor stating that to the best of their knowledge there are no septic tanks located on the lot, and that they accept the consequences of any risk associated with proceeding with the development should there be unremoved septic tanks on the site.

5. In relation to the finish of the boundary wall(s), the owner is encouraged to liaise with the adjoining property owner(s) to ascertain a finish that satisfies both parties.

6. The landscaping plan shall be a minimum size of A3, and is to contain a north point and a scale. The plan must show by numerical code, the botanical name of each plant species, proposed pot size, quantity and must also include the proposed treatments of:

a. all areas of the property visible from the street; and

b. the street verge.



It is recommended that the landscaping plan is prepared by a professional horticulturalist or landscape architect.

7. The plants associated with the landscaping are to be nurtured until they reach their typical mature dimensions, and shall thereafter be maintained at those mature dimensions unless Council approves otherwise in writing.

8. Where construction works of the development may encroach onto the road reserve (verge), the applicant is required to obtain a Materials On Verge licence from the City of Belmont for the entire duration of construction works.

9. The applicant is advised that should the owners wish to have a Building Permit issued prior to amalgamating the lots, then the City may permit the owner to enter into a legal agreement with City to defer the timeframe for satisfaction of the condition. The legal agreement must be prepared by the City’s solicitors (at the owner’s full cost), finalised and signed, and then registered as an absolute caveat on the property’s certificate of title prior to application for a building permit being submitted.

Please note that a legal agreement must be requested by the owner, in writing, and all costs associated with the preparation of a legal agreement and lodgement of a caveat must be borne by the owner. Generally legal agreements may take 3 to 4 weeks to be prepared and therefore any such request should be lodged promptly with the City’s Planning Department.

10. ‘Commercial Vehicles’ referred to in the conditions of planning approval shall

have the definition given in Schedule 1 of Local Planning Scheme No. 15. ‘Trucks’ include any motor vehicle with a gross vehicle mass over 4.5 tonnes, except a bus or tractor as defined in the Road Traffic Code 2000.

11. In relation to modifications to the Epsom Avenue traffic island, the applicant is advised liaise with the City’s Manager Projects and Development. In relation to the owner/applicant bearing the full cost of the modification, Main Roads have advised that the cost shall include checking of the design and construction drawings and any site inspections.

12. Enquiries relating to works on Epsom Avenue shall be directed to the Main

Roads Traffic Services Coordinator (South East) in consultation with the City’s Manager Projects and Development. The Main Roads file reference for this matter is 04/11731 (D15#388154).

13. Council’s Engineering Requirements and Design Guidelines contains detailed

specifications which must be adhered to in the preparation of plans submitted for approval in respect of such matters as drainage, paving, parking, accessways, crossovers, land fill and retaining.

In the event that access ways, parking areas and hard stand is not satisfactorily maintained, the City’s Director Technical Services may require by notice, in writing, that the area be brought up to a satisfactory standard within a specified period of time and the notice shall be complied with within that period. Without limitation, the notice may require that lines marking car bays be re-painted, pot holes be repaired, damaged kerbs be replaced and degraded access or



parking areas be resurfaced generally in accordance with Council’s Engineering Requirements and Design Guidelines.

14. As the vehicle entry point has a proposed clearance of less than 3.0m it

requires a sign to notify all residents and visitors of the lot of the potential danger.

15. Neither a planning approval nor a building permit constitutes an approval to construct a crossover to a property. Prior to commencement of any site works, separate approval must be obtained from the City’s Technical Services Department to construct a crossover to the property (i.e. from the road to connect with the property’s internal driveway). This approval shall be sought by way of an application for Technical Services Clearance. Failure to obtain approval from the City’s Technical Services for the crossover may result in time delays or refusal of a vehicle crossover subsidy.

16. It is Council’s intention that in the ‘Industrial’, ‘Mixed Use’ and ‘Mixed Business’

zones fencing in the front setback area be kept to a minimum. In circumstances where fencing is required for security, Council has the ability to consider applications for high quality fencing constructed out of wrought iron, masonry or similar materials. Where fencing in the front setback has not approved under this application, a separate application for planning approval and building permit is required prior to installation.

17. The applicant/owner is advised that permission to erect a boundary wall near or

on the boundary does not grant permission to use the adjoining property or to remove the dividing fence without neighbour’s consent. Dividing fences are controlled under the Dividing Fences Act 1961 and the City of Belmont has no jurisdiction to resolve disputes owners pertaining to this legislation. Please liaise with any adjoining landowner if there is an intention to remove or replace any portion of fencing, or contact the Building Commission at the Department of Commerce for more information on the Dividing Fences Act 1961.

18. Signage is not approved as part of this application. A separate application for

planning approval and building permit is required prior to display of any advertisements and signage.

19. The applicant and owner are advised that the City’s Rates Department will

confirm under separate letter the street numbering applicable for this property.

20. The Public Art Advisory Panel will be required to give final consent for the proposed public art. Full details and specifications should be submitted at the earliest opportunity to ensure that the finalisation of the public art does not delay the progression of the development.

AMENDING MOTION Moved by: Mr Ian Birch Seconded by: Mr Lou D'Alessandro That Condition 4 be amended to read as follows:



4. Lots 762, 764 and 153 shall be amalgamated and a new certificate of title obtained for the amalgamated lot prior to occupation of the building permit.

That Condition 6 be amended to read as follows: 6 Any fences in the front setback of the property shall be visually permeable:

a. 1.2 metres above natural ground level within the primary street setback area; and

b. 0.75 metres above natural ground level within 1.5 metres of the intersection of a driveway and a public street or where two streets intersect.

That Condition 10 be amended to read as follows: 10. A landscaping and irrigation plan for the subject development site and street

verge is to be prepared and submitted to the City prior to the submission of a building permit.

That Condition 17 be amended to read as follows: 17. In order to facilitate and coordinate the orderly movement of vehicular traffic

associated with future development abutting Great Eastern Highway, an easement in gross is to be granted free of cost to the City of Belmont as a public access easement in the location/s marked on the approved plans. The easement documentation is to be prepared by the City’s solicitors at the applicant/owner’s full expense and registered on the certificate of title for the land at the time the lots are amalgamated, unless otherwise agreed in writing by the City.

That Advice Note 9 be deleted and the remaining advice notes be renumbered accordingly. 9. The applicant is advised that should the owners wish to have a Building

Permit issued prior to amalgamating the lots, then the City may permit the owner to enter into a legal agreement with City to defer the timeframe for satisfaction of the condition. The legal agreement must be prepared by the City’s solicitors (at the owner’s full cost), finalised and signed, and then registered as an absolute caveat on the property’s certificate of title prior to application for a building permit being submitted.

The Amending Motion was put and CARRIED UNANIMOUSLY. Reason: To allow additional flexibility for the timing of implementation of

conditions. AMENDING MOTION Moved by: Cr Phil Marks Seconded by: Cr Robert Rossi That an additional Condition 34. and Advice Note 21. be included which reads as follows.



34. The fence adjacent to number 52 Epsom Avenue shall be a minimum of 1.4 metres in height to minimise headlight glare from the adjacent car bays.

21. Consideration is given to public art being based on a race horse theme. The Amending Motion was put and CARRIED UNANIMOUSLY. Reason: To stop spillage of light and to provide a suggested public art theme for

the area. PROCEDURAL MOTION Moved by: Cr Phil Marks Seconded by: Cr Robert Rossi 1. That the application be deferred to allow

• Administration to undertake additional consultation with adjoining

owners and for their views to be considered in the amended report. • Administration to obtain further independent advice on the suitability of

the car parking proposed for the development. • Administration to obtain independent advice on the suitability on the

height of the proposal and the setback to adjoining heritage precinct area.

The Council Administration is to report back to the Development Assessment Panel by the 15th of September, 2015. The Procedural Motion was put and declared CARRIED 3/2 For: Mr Charles Johnson

Cr Phil Marks Cr Robert Rossi

Against: Mr Lou D'Alessandro Mr Ian Birch

9. Form 2 – Responsible Authority Reports - Amending or cancelling DAP

development approval 3.30pm: Cr Colin Cala joined the meeting and advised that he had no

declarations of interest and had given due consideration to all papers currently before the meeting. The Presiding Member welcomed the City of South Perth Councillor and Officer to the meeting.

3.40pm: Cr Glen Cridland joined the meeting and advised that he had no

declarations of interest and had given due consideration to all papers currently before the meeting. The Presiding Member welcomed the City of South Perth Councillor.



9.1 Property Location: “Civic Triangle” site, South Perth: Lot 1 (No. 12) Labouchere Road, Lot 1092 (No. 14-16) Labouchere Road, Lot 1 (No. 18) Labouchere Road, Lot 500 (No. 1) Mends Street, Lot 2 (No. 3) Mends Street, Lot 2 (No. 97) Mill Point Road, Lot 3 (No. 99) Mill Point Road, Lot 464 (No. 101) Mill Point Road and Lot 432 (No. 103) Mill Point Road.

Application Details: Amendment to Approved "Civic Heart" Mixed Development

Applicant: TPG Town Planning, Urban Design and Heritage Owner: South Perth Civic Triangle Pty Ltd Responsible authority: City of South Perth DoP File No: DAP/15/00721

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Cr Glen Cridland Seconded by: Cr Colin Cala That the Metro Central JDAP resolves to: 1. Accept that the DAP Application reference DAP/15/00721 as detailed on the

DAP Form 2 dated 3 June 2015 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DAP/15/00721 as detailed on the DAP

Form 2 date 3 June 2015 and accompanying plans SK01 Rev A (Basement 5 Floor Plan), SK02 Rev A 31-03-15 (Basement 4 Floor Plan), SK03 Rev A 31-03-15 (Basement 3 Floor Plan), SK04 Rev A 31-03-15 (Basement 2 Floor Plan), SK05 Rev A 31-03-15 (Basement 1 Floor Plan), SK06 Rev X 18-06-15 (Ground Floor Plan), SK07 Rev X 10-06-15 (First Floor Plan), SK08 Rev X 10-06-15 (2nd Floor Plan), SK09 Rev A 23-03-15 (3rd Floor Plan), SK10 Rev A 23-03-15 (Typical 4th to 25th Plan), SK11 Rev A 23-03-15 (Typical 26th to 35th Plan), SK12 Rev A 23-03-15 (36th Floor Plan - Penthouse), SK13 Rev A 23-03-15 (Roof Plan), SK14 Rev A 23-03-15 (Apartment Unit Plans, Typical - 4th to 25th), SK15 Rev A 23-03-15 (Apartment Unit Plans, Typical - 26th to 35th), SK16 Rev A 23-03-15 (Apartment Unit Plans, Penthouse - 36th Floor), SK17 Rev A 23-03-15 (Corner Elevation, Mill Point Rd & Labouchere), SK18 Rev A 23-03-15 (Mill Point Rd Elevation), SK19 Rev A 23-03-15 (Mends St Elevation), SK20 Rev A 23-03-15 (Labouchere Road Elevation), SK21 15-01-15 (Section A), SK22 Rev A 23-03-15 (Section B), SK23 15-01-15 (Heritage Floor Plans, Police Station), SK24 15-01-15 (Heritage Floor Plans, Post Office), EPCAD Rev C 17.03.15 (Ground Level Landscape Concept) and EPCAD January 2015 (First & Third Floor Landscape Concept) in accordance with the provisions of Clause 7.9 of the City of South Perth Town Planning Scheme No. 6, for the proposed minor amendment to the approved “Civic Heart” Mixed Development: 37-Storey plus Basements Building at “Civic Triangle” site, South Perth, subject to:



Amended Conditions 21. Pedestrian access between Mill Point Road and the Mall through Retail

Tenancy T2, and between Labouchere Road and the Mall through Retail Tenancy T8, shall be provided and maintained during the opening hours of the respective tenancies, with the public road entries to be appropriately treated so as to inform customers that access to the Mall is available. Details of the treatments and the shopping centre management’s procedures to implement the pedestrian access are to be provided to the City prior to occupation.

24. The approved land uses of the commercial tenancies are as indicated on the

approved plans, subject to the following:

(a) The initial use of each tenancy will become the deemed approved land use for that tenancy.

(b) Retail Tenancy T10 is initially permitted to be used for the one of the listed land uses: Café/Restaurant, Consulting Rooms, Convenience Store, Local Shop or Specialty Retail.

(c) For Retail Tenancies T2, T3, T4, T5, T6, T7, T8 and T9, a maximum of one of these tenancies is permitted to be used as a Showroom at any time.

(d) For Retail Tenancies T2, T3, T4, T5, T6, T7, T8 and T9, a maximum of one of these tenancies is permitted to be used as either a Small Bar or a Tavern at any time, subject to the implementation of a Management Plan prepared in accordance with Council Policy P317 ‘Licensed Premises’, to the satisfaction of the City.

Any subsequent change to an approved land use requires the planning approval of the City.

All other conditions and requirements detailed on the previous approval dated 4 May 2015 shall remain unless altered by this application. The Report Recommendation/Primary Motion was put and CARRIED UNANIMOUSLY. 3.55pm: The Presiding member thanked Cr Cala and Cr Cridland and City

Officer. The City of South Perth Councillors and Officer departed the meeting and did not return.

3.55pm: City of Melville Cr Nicole Foxton and Cr Mark Reynolds joined the

meeting. Both declared no interest and advised they had considered all matters. The Presiding Member welcomed the City of Melville Councillors and Officer to the meeting.

9.2 Property Location: Lot 35 (9) Marshall Road, Myaree Application Details: Take-Away Food Outlet Applicant: McDonald’s Australia Limited c/o Urbis Owner: McDonald’s Properties (Australia) Pty Ltd Responsible authority: City of Melville DoP File No: DAP/14/00725



REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Cr Nicole Foxton Seconded by: Cr Mark Reynolds That the Metro Central JDAP resolves to: 1. Accept that the DAP Application reference DP/15/00725 as detailed on the

DAP Form 2 dated 25 May 2015, is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DP/15/00725 as detailed on the DAP

Form 2 dated 25 May 2015 and Line marking Strategy Plan dated 16 July 2015 in accordance with the provisions of the City of Melville Community Planning Scheme No. 5, for the proposed minor amendment to the approved Take-Away Food Outlet at 9 Marshall Road, Myaree.

Condition 2. Traffic management measures in accordance with the approved Line Marking

Strategy Plan dated 16 July 2015 are to be implemented prior to initial occupation of the development in accordance with Council’s specifications to the satisfaction of the Manager Statutory Planning.

Advice Notes i. All other conditions and requirements detailed on the previous approval

dated 29 April 2015 shall remain. The Report Recommendation/Primary Motion was put and CARRIED UNANIMOUSLY.



10. Appeals to the State Administrative Tribunal

The following State Administrative Tribunal Applications have been received: • City of Melville – Take-Away Food Outlet and Associated Signage -

Lots 145 and 146 (844-846) Canning Highway, Applecross • City of Melville – 5 Storey Mixed Use Development – Lots 800-801 (12

& 14) Forbes Road and Lots 802-804 (40A-C) Kishorn Road, Applecross

11. General Business / Meeting Close

There being no further business, the presiding member declared the meeting closed at 6.00pm.

Form 2 - Responsible Authority Report

(Regulation 17) Property Location: 37-49 Kew Street, Welshpool

(Lot 5039 DIA 92632) Application Details: Additions/Alterations to an Existing

Warehouse and Light Industry (Laboratory) DAP Name: Metropolitan Central Joint Development

Assessment Panel Applicant: The Planning Group (TPG) Owner: State of Western Australia LG Reference: 15/16028.1 Responsible Authority: Western Australian Planning Commission Authorising Officer: Neil Fox; A/Planning Director, Metropolitan

Central, Perth & Peel Planning Application No and File No: DAP/14/00511, WAPC Ref: 16-50131-1 Report Date: 12 August 2015 Application Receipt Date: 24 June 2015 Application Process Days: 60 Attachment(s): 1. Location Plan (ref: SD01.01) and Site

plan (ref: SD01.02). 2. Applicant’s supporting letter dated 23

June 2015. Recommendation: That the Metropolitan Central Joint Development Assessment Panel resolves to: 1. Accept that the DAP Application reference DAP/14/00511 as detailed on

the DAP Form 2 dated 23 June 2015 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DP/14/00511 as detailed on the DAP

Form*2 dated 23 June 2015 and accompanying Location Plan (SD01.01) and Site Plan (SD01.02) received on the 24 June 2015, subject to:

1. The car parking area on the subject land shall be constructed, sealed and

drained and thereafter maintained, to the specification of the local government and the satisfaction of the Western Australian Planning Commission. A minimum of 132 bays are to be line marked as identified on the approved plans.

2. Redundant vehicle crossover(s) to be removed and the kerbing, verge,

and footpath (where relevant) reinstated with grass or landscaping to the specification of the local government and the satisfaction of the Western Australian Planning Commission.

3. Storm water from all roofed and paved areas shall be collected and

discharged via the existing approved drainage system to the specification

of the local government and the satisfaction of the Western Australian Planning Commission.

4. No earthworks are to encroach into the Orrong Road reservation. 5. Landscaping to be undertaken in accordance with the Landscape

Concept Plan (drawing C1-101, Rev E, April 2014) as per approval 15 May 2014 to the satisfaction of the Western Australian Planning Commission. All such landscape works shall be undertaken prior to the first occupation of the development, and maintained thereafter by the owner(s)/occupier(s).

6. This decision constitutes planning approval only and is valid for a period

of 2 years from the date of approval. If the subject development is not substantially commenced within the 2 year period, the approval shall lapse and be of no further effect.

Advice Notes 1. This approval does not authorise the commencement of any building works. A

building permit must be obtained from the City of Canning prior to the commencement of any works.

2. Main Roads WA provides the following advice:

i) Any damage done to the existing verge within the Orrong Road reservation shall be made good at the full expense of the applicant.

ii) The project for the upgrading of Orrong Road is not in the Main Roads 4

year forward estimate construction program and any project not listed is considered to be long term.

iii) Main Roads is currently undertaking a review of Orrong Road and has

identified a portion of land on the corner of Orrong Road/Kew Street that it requires for this project. The current requirement is not final and may be subject to change.

Background: The development constitutes a public work under the Public Works Act 1902, and is therefore exempt from the requirement to seek planning approval under the City of Canning Town Planning Scheme No. 40 (TPS40) in accordance with Section 6 of the Planning and Development Act 2005 (the Act). The Act does not exempt such works from approval under any applicable region planning scheme, and therefore the development does require approval under the Metropolitan Region Scheme. (MRS) As development constitutes a public work being carried out by a public authority, any development would normally be determined by the Western Australian Planning Commission (WAPC). However, as the original development cost was in excess of $7 million, the application was determined by the Metropolitan Central JDAP as a mandatory Development Assessment Panel under Regulation 5 of the Planning and Development (Development Assessment Panel) Regulations 2011. Consequently,

this Form 2 application for alterations to the previously approved development approval requires determination from the Metropolitan Central JDAP. Insert Property Address: Lot 5039 (37-49) Kew Street, Welshpool Insert Zoning MRS: Industrial TPS: General Industry Insert Use Class: Warehouse = ‘P’; and Light Industry = ‘P’ Insert Strategy Policy: State Planning Policy 4.1 – Industrial

Development Standards Insert Development Scheme: Town Planning Scheme No. 40 Insert Lot Size: 3.567ha Insert Existing Land Use: Warehouse and Light Industry Value of revised development: $350,000 Planning approval subject to conditions for the proposed addition to existing warehouse/laboratory was originally granted by the Metro Central Joint Development Assessment Panel (JDAP) on the 15 May 2014. The applicant’s supporting letter dated 23 June 2015 advises that construction of the new facility has commenced, with practical completion anticipated by May 2016 (refer to Attachment 2). Details: The amended application proposes the following modifications: • Expansion of the fire services pump room (necessitated by the Department of

Fire and Emergency Service’s); • Relocation of the new gas meter to a gated link mesh fenced enclosure at the

Kew Street boundary; • Expansion of the approved ethanol storage compound; and • Expansion of the approved electrical services compound to incorporate a larger

switchboard; and • Reconfiguration of the car parking and hardstand areas to provide 132 marked

bays and 105 unmarked bays within the existing hardstand area, in lieu of the previously approved 113 marked bays.

Legislation & policy: Legislation Planning and Development Act 2005 (PD Act 2005) City of Canning Town Planning Scheme No.40 (TPS 40) State Government Policies Metropolitan Region Scheme (MRS) Development Control Policy 1.2 (DC 1.2) Development Control - General Principles State Planning Policy 4.1 (SPP 4.1) State Industrial Buffer Local Policies City of Canning - SRS213 (C1) (May 2009) Assessment of Applications for Development Approval for Industrial Uses In Proximity to Residential Development.

The main objective of this policy is to ensure that industrial development in close proximity to residential areas does not have a detrimental impact on such areas and to ensure compatibility with adjoining or nearby residential area. The proposal complies with this policy as the additions are effectively screened from residential properties. Consultation Public Consultation The amended plans do not propose any design elements requiring consultation with surrounding land owners or occupiers. Local Government The City of Canning supports the proposal subject to a modification to a condition on the original application for the number of marked parking bays being increased to 132 from 113. Consultation with other Agencies or Consultants Main Roads provided a ‘no objection’ subject to conditions for the original application. The Main Roads conditions and advice notes were included on the approval granted by JDAP on 15 May 2014. As the modifications proposed in the DAP Form 2 application will not impact on the Orrong Road reserve, further consultation has not been undertaken. Planning Assessment MRS The proposal complies with Clause 30(1) of the MRS as it is for a use that is consistent with the 'Industrial' zoning of the land under the MRS and City of Canning Town Planning Scheme No.40 (TPS 40). The proposal also represents orderly and proper planning by providing an additional building to facilitate the ongoing operational requirements of the WA Museum Collection and Research Centre and, in doing so, preserves the amenity of the locality. SPP 4.1 A key objective of the WAPC's SPP 4.1 is to provide for the safety and amenity of land uses surrounding industry, infrastructure and special uses. Given that the proposed development will be located approximately 65 metres from the nearest residential dwelling, and is considered to be an addition to an existing industrial land use, the impact on surrounding urban areas from the proposal are considered negligible. TPS 40 The subject site is zoned 'General Industry' under TPS 40 and is considered to meet the definition of 'light industry' being:

“an industry in which the processes carried on, the machinery used, and the goods and commodities carried to and from premises will not cause any injury to or prejudicially affect the amenity of the locality by reason of the emission of light, noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise, but does not include car wrecking”.

A ‘light industry’ use is a ‘P’ use (permitted) within the General Industry zone.

Additionally, it is considered that the application complies with the general purpose and intent of the General Industry zone under TPS 40 by providing for a compatible service industry which is suited to the site and surrounding locality. Vehicle Parking Standards The City of Canning advises that the proposed development does not comply with the parking requirements of TPS 40. Table 6A of TPS 40 requires development within the 'General Industry' zone to provide a parking reserve on site equating to 8 parking spaces per 1000m2 of land. Based on the site area of 3.567 hectares, 285.36 (286) reserve bays are required on site to accommodate future development. The car parking requirements for 'light industrial' land uses are also designated under Table 6B ‘Industrial Land Use Parking Requirements’ of TPS 40, which requires 1 bay per 75m2 GFA or 1 space per employee, whichever is the greater. The City’s previous recommendation to the WAPC for the original application, advised that the City’s Scheme required the provision of 286 parking reserve bays under Table 6A, with 251 of those bays needing to be constructed as per the land use parking ratio requirements of Table 6B. The original application proposed the provision of 245 bays. The on-site parking shortfall was not supported by the City. However, the application was approved by the JDAP 15 May 2015 subject to a condition requiring 113 of those bays to be constructed. The proposed amended site plan show that a total of 237 car parking bays can be provided on-site, comprising of 132 line marked bays and 105 non-line marked bays. This provides for a shortfall of 14 bays as per Table 6B of the City’s Scheme. The shortfall of parking is justified as this is more than adequate to provide for the current 87 employees working on site and occasional visitors. In this regard the TPS40 requirements appear to be excessive based on the operational needs of the facility. Setbacks The application proposes the expansion of the approved fire services pump room, ethanol storage compound and electrical services compound, and relocation of a new gas meter in the Kew Street setback area (refer to Attachment 1). Clause 6.4.2.3 of the City’s Scheme does not provide for the fire tank/pump rooms or the storage of fuel to be located in a street setback area. The applicant’s letter dated 23 June 2015 provides justification for the location of the structures (refer to Attachment 2). This justification is summarised below: • Expansion of a fire services pump room is required to facilitate DFES water

pressure requirements; • The location of the ethanol storage compound to provide increase separation

from existing/new buildings as per the Building Code of Australia; and • The location of new gas meter to provides for access by ATCO Gas from

outside the secure site. In accordance with Clause 3.1.8 of the City’s Scheme, the structures in the front setback area are supported on the basis that: • The structures are a necessary part of the development and use of the site. In

this respect, it is acknowledged that the optimum location of the structures may be subject to the requirements of other non-planning related statutory provisions, which may not align with the development standards and requirements of the City’s Scheme;

• Location of the subject structures will not create a safety issue for the subject site or surrounding properties; and

• The subject structures will not create a significant negative impact on the appearance of the industrial streetscape.

Conclusion: The WAPC considers the modifications to be minor in nature, and the shortfall in parking bays is supported and the number of new bays can be controlled by a condition. The additions of the industrial development as presented in this DAP application are considered to have a sound planning merit and are supported in principle subject to conditions. These conditions are the same as the previous approval considered by JDAP apart from condition 1, where the number of marked parking bays is to increase to 132 from 113 previously..

NEW WET

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23 RE-MARKED BAYS ON EXISTING HARDSTAND

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architects and urban designers

2 / 234 Pier St Perth Western Australia 6000 T +61 8 9481 1477 F +61 8 9324 1816 www.jcy.net ABN 74 728 756 240 ACN 009 210 74 © JONES COULTER YOUNG PTY LTD Not to be reproduced without the permission of the author|

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LOCATION PLAN

AS AS

PARKING FACILITIES

EXISTING BAYS LOST 60 + 2 ACC

NEW BAYS PROVIDED 88 + 2 ACC

EXISTING BAYS RETAINED 19

EXISTING BAYS RE-MARKED 23

TOTAL MARKED BAYS 130 + 2 ACC

UNMARKED BAYS TO 105

EXISTING HARDSTAND

TOTAL PARKING RESERVE 235 + 2 ACC

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NOTE: NEW PARKING BAYS ARE 2.4M WIDE AND 5.4M DEEP, WITH

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HYDRANT HYDRANT

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FFL 21.840

RL 21.938

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RL 21.918

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RL 21.938 RL 21.938 RL 21.938

RL 21.940 RL 21.940RL 21.948 RL 21.948 RL 21.948

RL 21.900 RL 21.900 RL 21.900 RL 21.900

RL 21.900

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TOW 21.950

FFL 21.940

RL 21.940 RL 21.920

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RL 20.040

RL 19.420

RL 18.650

RL 21.250 RL 20.660

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NEW ETHANOL DISPENSING

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WALLS, STEEL ROOF)

2500

NEW MAIN SWITCH BOARD

ROOM (39C FACE BRICKWORK

WALLS, STEEL ROOF)

FFL 22.000

RL 21.900

FFL 22.000

RL 21.900

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FFL 22.000

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3590

8600

6230

2400

3590

4565

10155

5080

7910

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LEGEND

NEW GARDEN BED NEW PAVING EXISTING TREE NEW TREE

architects and urban designers

2 / 234 Pier St Perth Western Australia 6000 T +61 8 9481 1477 F +61 8 9324 1816 www.jcy.net ABN 74 728 756 240 ACN 009 210 74 © JONES COULTER YOUNG PTY LTD Not to be reproduced without the permission of the author|

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State Administrative Tribunal Reconsideration

Responsible Authority Report (Regulation 12)

Property Location: Lot 100, No. 293 Guildford Road, Maylands Application Details: Three (3) Storey Mixed Use Development

Comprising 10 Offices, and 18 Multiple Dwellings

DAP Name: Metro Central JDAP Applicant: Rowe Group Owner: Luminous Holdings Pty Ltd LG Reference: DA14-0926 Responsible Authority: City of Bayswater Authorising Officer: Manager of Planning Services Department of Planning File No: DAP/15/00712 Report Date: 7 August 2015 Application Receipt Date: 22 December 2015 Application Process Days: 90 Days Attachment(s): 1. Development Approval

2. Amended Plans 3. Applicant's Justification

Officer Recommendation: That the Metro Central Joint Development Assessment Panel, pursuant to section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR 184 of 2015, resolves to: Reconsider its decision dated 18 May 2015 and approve DAP Application reference DAP/15/00712 and amended plans dated 15 July 2015 in accordance with clause 3.7 of the City of Bayswater Town Planning Scheme No. 24, subject to the following conditions: Conditions

1. This decision constitutes planning approval only and is valid for a period of two

(2) years from the date of approval. If the subject development is not substantially commenced within the two (2) year period, the approval shall lapse and be of no further effect.

2. The development shall be carried out only in accordance with the terms of the

application as approved herein, and any approved plan. 3. Revised plan(s) addressing the following matters to the satisfaction of the City

of Bayswater shall be submitted to and approved by the City prior to the lodgement of a building permit application, and not result in any greater variation to the requirements of the Residential Design Codes, Town Planning Scheme No. 24 and the City's policies:

(a) A 0.715m wide right of way shall be provided along the north-west boundary of the subject land by way of easement on the title, however,

allowing for building projections above a height of 3.4m, prior to occupation of the development. All costs associated with the provision of the easement are to be at the cost of the developer.

(b) A 2.0m x 2.0m truncation is to be provided at the northern corner of the lot in accordance with the Western Australian Planning Commission's Liveable Neighbourhoods Policy. The truncation is to be applied after right of way widening has been taken into account.

(c) A minimum of 18 commercial, 22 residential, and five (5) visitor car bays, and one service bay shall be provided on site.

(d) All commercial car bays shall be communally accessible.

(e) Car bays 1, 14, and 15 shall have a minimum trafficable width of 2.7m.

(f) The commercial car bay located within the Charles Street setback area being removed from the plans. The area previously occupied by the car bays shall be appropriately landscaped.

(g) All balconies with a cone of vision encroaching a residentially zoned lot shall be setback or screened in accordance with the visual privacy deemed-to-comply provisions of the Residential Design Codes.

(h) Commercial car bay 8 shall be amended to comply with the requirements of AS2890.1.

4. A detailed landscape plan shall be submitted to and approved by the City of

Bayswater, prior to the submission of a building permit application. For the purpose of this condition, the plan shall be drawn with a view to reduce large areas of hard stand in passive areas and show the following:

(a) The location and species of all trees and shrubs proposed, to be retained and/or removed.

(b) The location of any lawn areas to be established.

(c) Landscaping within areas required for sight lines to comprise of low lying vegetation as to not obstruct sight lines.

(d) Those areas to be reticulated or irrigated.

Landscaping and reticulation shall be completed in accordance with the approved detailed landscape plan prior to occupation of the development and thereafter maintained to the satisfaction of the City of Bayswater.

5. The owner shall execute and provide to the City of Bayswater, a notification pursuant to section 70A of the Transfer of Land Act to be registered on the title of the multiple dwelling property as notification to proprietors and/or (prospective) purchasers of the property of the following:

(a) The use or enjoyment of the property may be affected by noise, traffic, car parking and other impact associated with nearby non-residential activities.

The Section 70A Notification shall be prepared by the City’s solicitors to the satisfaction of the City of Bayswater. All costs of, and incidental to, the preparation of and registration of the Section 70A Notification, including the City’s solicitor’s costs, shall be met by the applicant/owner of the land. This notification shall be lodged and registered in accordance with the Transfer of Land Act prior to the first occupation of the respective multiple dwelling(s).

6. The owner, or the applicant on behalf of the owner, shall comply with the City

of Bayswater policy relating to Percent for Public Art, and provide public art with a minimum value of 1% ($40,000) of the estimated total construction cost of the development ($4,000,000). Details of the public art, including plans of the artwork, its cost and construction, and other matters relating to the artwork's on-going maintenance and acknowledgements in accordance with the City's Percent for Public Art Policy shall be submitted to and approved by the City prior to the lodgement of a building permit application.

7. A detailed schedule of external finishes (including materials and colour

schemes and details) shall be submitted to and approved by the City of Bayswater, prior to the submission of a building permit application.

8. A construction management plan, detailing how the construction of the

development will be managed to minimise the impact on the surrounding area, shall be submitted to and approved by the City of Bayswater, prior to the submission of a building permit application.

9. A refuse and recycling management plan shall be submitted to and approved by the City of Bayswater, prior to commencement of any works. The plan shall include details of predicted waste volumes, bin numbers, size, and storage within the compound, bin collection frequency, potential nuisance odour issues, and details of the private waste service provider responsible for collecting the commercial waste including the scheduled collection days.

10. A suitably screened refuse bin area shall be provided to the satisfaction of the City of Bayswater. The bin area is to be provided with a permanent water supply and drainage facility for wash-down and is to be screened by a gate and brick walls or other suitable material to a height of not less than 1.8m.

11. A designated hard-paved area is to be provided immediately adjoining the Charles Street alignment for the placement of all 240L waste receptacles for collection. This paved area shall be setback as far as practical from the Charles Street/Guildford Road intersection as practical.

12. Windows, doors and adjacent areas fronting Guildford Road and Charles Street

shall maintain an active and interactive relationship with these streets, to the satisfaction of the City of Bayswater.

13. The bin store wall directly facing Charles Street shall incorporate design features such as varying materials, finishes, colours, or attaching/integrating features into the walls design to reduce its visual impact on the streetscape, to the satisfaction of the City of Bayswater.

14. All vehicle crossings being designed and constructed to the satisfaction of the

City of Bayswater. 15. Redundant vehicle crossover(s) to be removed and the kerbing, verge and

footpath (where relevant) reinstated to the satisfaction of the City of Bayswater. 16. The vehicle parking area shall be constructed in asphalt, concrete, or brick

paving, drained, kerbed and line-marked, together with suitable directional signs, and thereafter maintained to the satisfaction of the City of Bayswater.

17. The right of way widening as required by condition 3 (a) shall be constructed

and drained to the specifications and satisfaction of the City of Bayswater at the owner's/applicant's cost.

18. Visitor car parking spaces shall be clearly signposted as dedicated for visitor

use only, to the satisfaction of the City of Bayswater. 19. Any proposed vehicular entry gates shall be a minimum 50% visually

permeable, and shall be either open at all times or suitable management measures shall be implemented to ensure access is available for visitors at all times. Details of the management measures shall be submitted to and approved by the City of Bayswater, prior to the submission of a building permit application.

20. Servicing and reversing bays as shown on the approved plan(s) shall be line-

marked accordingly and thereafter maintained to the satisfaction of the City of Bayswater.

21. Each resident car parking bay is to be allocated to a dwelling, and this is to be

registered on the strata plan for the development to the satisfaction of the City of Bayswater.

22. A separate application including plans or description of all signs for the

proposed development (including signs painted on a building) shall be submitted to and approved by the City of Bayswater, prior to the erection of any signage.

23. The approved parapet/boundary wall(s) and footings abutting lot boundaries

must be constructed wholly within the subject allotment. The external surface of the parapet/boundary wall(s) shall be finished to a professional standard to complement development on the adjoining lot, to the satisfaction of the City of Bayswater.

24. All stormwater and drainage runoff produced onsite is to be disposed of onsite

via the use of soakwells. The size of the soakwells is to be calculated by use of the formula VOL(m³) = AREA (m²) x 0.0125, where VOL is total storage volume of soakwells and AREA is total roofed and paved areas. Connection to the City’s stormwater system, where available, may be permitted as an overflow only, to the satisfaction of the City of Bayswater.

25. No street verge trees shall be removed. The street verge trees are to be

retained and protected from any damage including unauthorised pruning. 26. On completion of construction, all excess articles, equipment, rubbish and

materials being removed from the site and the site left in an orderly and tidy condition, to the satisfaction of the City of Bayswater.

27. No earthworks shall encroach onto the Guildford Road reserve. 28. The development will be required to undertake a transport noise assessment in

accordance with the guidelines of the WAPC State Planning Policy 5.4 "Road and Rail Transport Noise and Freight Considerations in Land Use Planning", to the satisfaction of the City of Bayswater.

This noise sensitive development adjacent to an existing major transport corridor must pay special considerations in addressing noise amelioration measures.

29. No stormwater drainage shall be discharged onto the Guildford Road reserve. 30. The ground levels on the Guildford Road boundaries are to be maintained as

existing. 31. The balconies are not to be used for the drying or airing of clothes and/or

manchester.

Advice notes 1. This approval does not authorise any interference with dividing fences, nor

entry onto neighbouring land. Accordingly, should you wish to remove or replace any portion of a dividing fence, or enter onto neighbouring land, you must first come to a satisfactory arrangement with the adjoining property owner. Please refer to the Dividing Fences Act 1961.

2. This approval is not a building permit or an approval under any other law than

the Planning and Development Act 2005. It is the responsibility of the applicant/owner to obtain any other necessary approvals, consents and/or licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

3. Where a permit is required under the provisions of the Building Act 2011 and

Building Regulations 2012, all relevant approvals and/or requirements to be satisfied prior to the lodgement of a building permit application with the Permit Authority, otherwise prior to commencement of any building works on-site.

4. The proposed meter boxes shall be located as to not be visually obtrusive from

the streetscape, to the satisfaction of the City of Bayswater. Background: Property Address: Lot 100, No. 293 Guildford Road, Maylands Zoning MRS: Urban TPS: Medium and High Density Residential R50 Use Class: Office - 'P'

Multiple Dwelling - 'P' Strategy Policy: State Planning Policy 3.1 - Residential Design

Codes Development Scheme: City of Bayswater Town Planning Scheme No.

24 - Special Control Area 9 Lot Size: 2,293m² Existing Land Use: Vacant Value of Development: $4 million 24/03/15 - The application was referred to the Metro Central Joint Development Application Panel (JDAP) for determination with an officer recommendation of refusal. The application was deferred to allow the City's officers to discuss potential amendments to the proposal as outlined in the minutes.

7/05/15 - The application was reported back to the JDAP for determination, and was conditionally approved. 11/06/15 - An application was lodged with the State Administrative Tribunal (SAT) for a reconsideration of conditions 3(a), 3(c), 3(f), and 17 of the approval. 10/07/15 - The Presiding member, applicant, and City met for mediation, where orders were given pursuant to section 31(1) of the State Administrative Tribunal Act 2004 (WA) for the respondent to reconsider its decision on or before 21 August 2015. Details: The amended plans provided by the applicant on 16 July 2015, propose changes to the ground floor plan only as follows:

• Provision of a 0.715m easement for right of way (ROW) widening in accordance with condition 3(a) of development approval.

• Removal of the north-west commercial car bay adjoining the Charles Street road reserve.

• Relocation of the internal gate within the car parking area (and modification to the location of commercial bay 15 as a result).

• Rearrangement of the visitor and commercial car bays.

• The addition of two (2) bicycle bays at the rear of the service bay.

• The area provided for stores 4-8 was amended to be enclosed.

• Landscaping was reduced, previously proposed of plants within the Charles Street setback area were removed and landscaping is no longer depicted adjoining the ROW.

Legislation & policy: Legislation • Planning and Development Act 2005 • City of Bayswater Town Planning Scheme No. 24 • State Administrative Tribunal Act 2004 State Government Policies • State Planning Policy 3.1 - Residential Design Codes • State Planning Policy 5.4 - Road and Rail Transport Noise and Freight

Considerations in Land Use Planning Local Policies • TP-P1.11 - Percent of Public Art • TP-P2.1 - Visual Privacy - Cone of Vision R-Codes Performance Criteria • TP-P2.8 - Boundary Walls in Residential Areas

Consultation: Public Consultation The City sought comment for the proposed variations of the initial application from the adjacent affected property owners for a period of 14 days. At the completion of the advertising period, three (3) submissions were received; one (1) objection, and two (2) submissions of general concern. No additional consultation has been undertaken. Planning assessment: This application is for the reconsideration of the subject approval dated 7 May 2015, specifically four (4) of the conditions of approval as follows: Condition 3(a) "A 0.715m wide right of way shall be provided along the north-west boundary of the subject land by way of easement on the title, however, allowing for building projections above a height of 3.4m, prior to occupation of the development. All costs associated with the provision of the easement are to be at the cost of the developer." The applicant has agreed to meet this condition and has indicated a 0.715m wide easement on the amended plans for the purposes of ROW widening. The easement allows for balconies to project over the ROW widening area. Condition 3(c) "A minimum of 22 commercial, 18 residential, and five (5) visitor car bays, and one service bay shall be provided on site." The applicant has requested this condition be amended to require a minimum of 19 commercial, 22 residential, and five (5) visitor car bays, and one service bay being provided on site. This equates to an increase of four (4) residential bays and a reduction of three (3) commercial bays. The intention of the City's original condition was to reduce the commercial parking shortfall with the residential car bay surplus, whilst still ensuring a minimum of one (1) car bay per residential unit. It is acknowledged that the subject location is within close proximity of Meltham Train Station (approximately 570m measured in a straight line from the site) and also has access to a number of bus routes on Guildford Road, however this argument is equally valid to the original condition which seeks to reduce a proposed surplus of residential car bays. Notwithstanding the above, the City has reconsidered its original position in respect to the recommended ratio of residential to commercial car bays on site. An insufficient provision of residential bays is likely to have different impacts with compared with commercial car bays. The originally proposed plans included a restaurant tenancy, however this was later amended to another office, which resulted in all of the commercial tenancies now proposed as offices. This change reduced the likelihood of any significant flow of commercial customers to the site, and also reduces the risk of commercial parking overflow from the site on weekends and after standard office hours.

It is considered that the residential component of the development is more likely to experience a higher demand for on-street parking at the same time as the adjoining residential uses when compared with the office component. Therefore it is considered that a shortfall of residential car bays may present a greater risk to adjoining residential property owners in terms of on-street parking availability, which is particularly important to the dwellings which only have vehicular access off of the adjoining ROW, relying on the on-street parking for visitors. As such increasing the number of residential car bays will reduce the risk of residents utilising on-street parking, potentially for significantly longer periods of time (overnight). Therefore the City considers the applicant's proposed amendment to have merit in potentially reducing the impact associated with parking overflow from the site, and as such is supportive of the request to maintain 22 residential car bays. Condition 3(f) "The two commercial car bays located within the Charles Street setback area being removed from the plans. The area previously occupied by the car bays shall be appropriately landscaped." The applicant has agreed to remove the north-west commercial car bay however requests the south-east car bay remain. The City acknowledges that this amendment is an improvement from the previously proposed two (2) car bays, however is still concerned with the provision of sightlines required for the car bay. Due to the car bays location relative to the bin store, vision of cars exiting the car park will be severely limited by the screen wall adjoining the bay, particularly if reversing out of the bay, which is expected to be the most convenient vehicle manoeuvring. In light of the above the City does not support the proposed amendment and recommends that condition 3(f) be maintained as per the original approval. Condition 17 "The right of way widening as required by condition 3(a) shall be constructed and drained to the specifications and satisfaction of the City of Bayswater at the owner's/applicant's cost." The applicant accepts condition 3(a), however maintains their position to seek removal of condition 17. This would result in any costs associated with ROW widening being borne by the Local Government. It is the applicant's view that the owners should not be burdened with the costs associated with the construction of the ROW given the proposed development does not propose vehicle access from the ROW. The development proposes a variation to clause 6.3.5(C5.2) of the R-Codes, whereby vehicle access was required from the ROW. Therefore had the development complied with the requirements of the R-Codes, the argument of there being no nexus between the development and the ROW would be invalid. While the City has agreed to support the proposed vehicular access from Charles Street as opposed to the ROW in accordance with the deemed-to-comply requirements of the R-Codes, it does not warrant a further exemption for the construction of the ROW. ROW widening associated with new developments and subdivisions is always requested by the City where a site adjoins a ROW in

accordance with the City's Right of Way Study 2007, and this is consistently supported by the Western Australian Planning Commission (WAPC) when determining subdivisions within the City. The standard approach taken is for the cost of widening to be borne by the applicant/owner and is required as part of standard conditions within the Model Subdivision Conditions Schedule. In this instance only an easement has been required to allow the development to project over (encroaching) the future ROW widening area. It is the City's opinion that this allowance, permitting the development to occupy land typically required to be free of development, is already a form of compensation for the City's request to widen the ROW. No further concessions should be made, particularly given the applicant was made aware of the ROW requirements well in advance of lodgement and failed to integrate the requirement into the design. Other Planning Matters In addition to the four (4) conditions for reconsideration, two (2) new concerns have arisen due to the proposed amendments which are addressed below. As a result of the relocation of the internal gate within the car parking area commercial car bay 8 is now obstructed by a pier on one side. In order for this car bay to comply with Australian Standard 2890.1, the car bay shall have an internal width of 2.7m or alternatively the pier be relocated as to not obstruct the bay. As such, condition 3(h) is proposed to address this issue. The amended plans also resulted in a reduction in landscaping adjoining the ROW and within the Charles Street setback area. The City would request that the vacant 0.785m adjoining the ROW easement be landscaped, and the Charles Street setback area be landscaped to a high standard given the limited level of landscaping proposed on site. It is considered that condition 4 sufficiently addresses this matter and as such no new conditions are proposed to address this concern. Conclusion: In light of the above, the City supports the proposed amendment to condition 3(c), requests additional condition 3(h) be imposed, and does not support the removal of condition 3(f) or condition 17.

Postal address: Locked Bag 2506 Perth WA 6001 Street address: 140 William Street Perth WA 6000 Tel: (08) 6551 9919 Fax: (08) 6551 9961 TTY: 6551 9007 Infoline: 1800 626 477

[email protected] www.planning.wa.gov.au ABN 35 482 341 493

LG Ref: DA14-0926 DoP Ref: DAP/15/00712 Enquiries: Development Assessment Panels Telephone: (08) 6551 9919 Mr Jeremy Hofland Rowe Group 3/369 Newcastle Street Northbridge WA 6003 Dear Mr Hofland Metro Central JDAP – City of Bayswater – DAP Application DA14-0926 Lot 100 (293) Guildford Road, Maylands Mixed Use Development Thank you for your application and plans submitted to the City of Bayswater on 22 December 2014 for the above development at the above mentioned site. This application was considered by the Metro Central Joint Development Assessment Panel at its meeting held on 7 May 2015, where in accordance with the provisions of the City of Bayswater Town Planning Scheme No.24, it was resolved to approve the application as per the attached notice of determination. Should the applicant not be satisfied by this decision, a DAP Form 2 application may be made to amend or cancel this planning approval in accordance with Regulation 17 of the Development Assessment Panel Regulations 2011. Also be advised that there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. An application must be made within 28 days of the determination in accordance with the State Administrative Tribunal Act 2004. Should you have any enquiries in respect to the conditions of approval please contact Mr Steven de Piazzi at the City of Bayswater on (08) 9272 0627. Yours sincerely Zoe Hendry DAP Secretariat 18/05/2015 Encl. DAP Determination Notice Approved plans Cc: Mr Steven de Piazzi

City of Bayswater

mailto:[email protected]

http://www.planning.wa.gov.au/

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Planning and Development Act 2005

City of Bayswater Town Planning Scheme No.24

Metro Central Joint Development Assessment Panel

Determination on Development Assessment Panel

Application for Planning Approval

Location: Lot 100 (293) Guildford Road, Maylands Description of proposed Development: Mixed Use Development In accordance with Regulation 8 of the Development Assessment Panels Regulations 2011, the above application for planning approval was granted on 7 May 2015, subject to the following: Approve DAP Application reference DAP/15/00712 and accompanying plans dated 18 and 26 February 2015 in accordance with Clause 3.7 of the City of Bayswater Town Planning Scheme No. 24, subject to the following conditions: Conditions 1. This decision constitutes planning approval only and is valid for a period of two

(2) years from the date of approval. If the subject development is not substantially commenced within the two (2) year period, the approval shall lapse and be of no further effect.

2. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan.

3. Revised plan(s) addressing the following matters to the satisfaction of the City of Bayswater shall be submitted to and approved by the City prior to the lodgement of a building permit application, and not result in any greater variation to the requirements of the Residential Design Codes, Town Planning Scheme No. 24 and the City's policies:

(a) A 0.715m wide right of way shall be provided along the north-west boundary of the subject land by way of easement on the title, however, allowing for building projections above a height of 3.4m, prior to occupation of the development. All costs associated with the provision of the easement are to be at the cost of the developer.

(b) A 2.0m x 2.0m truncation is to be provided at the northern corner of the lot in accordance with the Western Australian Planning Commission's Liveable Neighbourhoods Policy. The truncation is to be applied after right of way widening has been taken into account.

(c) A minimum of 22 commercial, 18 residential, and five (5) visitor car bays, and one service bay shall be provided on site.

(d) All commercial car bays shall be communally accessible.

(e) Car bays 1, 14, and 15 shall have a minimum trafficable width of 2.7m.

(f) The two commercial car bays located within the Charles Street setback area being removed from the plans. The area previously occupied by the car bays shall be appropriately landscaped.

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(g) All balconies with a cone of vision encroaching a residentially zoned lot shall be setback or screened in accordance with the visual privacy deemed-to-comply provisions of the Residential Design Codes.

4. A detailed landscape plan shall be submitted to and approved by the City of

Bayswater, prior to the submission of a building permit application. For the purpose of this condition, the plan shall be drawn with a view to reduce large areas of hard stand in passive areas and show the following:

(a) The location and species of all trees and shrubs proposed, to be retained and/or removed.

(b) The location of any lawn areas to be established.

(c) Landscaping within areas required for sight lines to comprise of low lying vegetation as to not obstruct sight lines.

(d) Those areas to be reticulated or irrigated.

Landscaping and reticulation shall be completed in accordance with the approved detailed landscape plan prior to occupation of the development and thereafter maintained to the satisfaction of the City of Bayswater.

5. The owner shall execute and provide to the City of Bayswater, a notification pursuant to section 70A of the Transfer of Land Act to be registered on the title of the multiple dwelling property as notification to proprietors and/or (prospective) purchasers of the property of the following:

(a) The use or enjoyment of the property may be affected by noise, traffic, car parking and other impact associated with nearby non-residential activities.

The Section 70A Notification shall be prepared by the City’s solicitors to the satisfaction of the City of Bayswater. All costs of, and incidental to, the preparation of and registration of the Section 70A Notification, including the City’s solicitor’s costs, shall be met by the applicant/owner of the land. This notification shall be lodged and registered in accordance with the Transfer of Land Act prior to the first occupation of the respective multiple dwelling(s).

6. The owner, or the applicant on behalf of the owner, shall comply with the City of Bayswater policy relating to Percent for Public Art, and provide public art with a minimum value of 1% ($40,000) of the estimated total construction cost of the development ($4,000,000). Details of the public art, including plans of the artwork, its cost and construction, and other matters relating to the artwork's on-going maintenance and acknowledgements in accordance with the City's Percent for Public Art Policy shall be submitted to and approved by the City prior to the lodgement of a building permit application.

7. A detailed schedule of external finishes (including materials and colour schemes and details) shall be submitted to and approved by the City of Bayswater, prior to the submission of a building permit application.

8. A construction management plan, detailing how the construction of the development will be managed to minimise the impact on the surrounding area, shall be submitted to and approved by the City of Bayswater, prior to the submission of a building permit application.

9. A refuse and recycling management plan shall be submitted to and approved by the City of Bayswater, prior to commencement of any works. The plan shall include details of predicted waste volumes, bin numbers, size, and storage

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within the compound, bin collection frequency, potential nuisance odour issues, and details of the private waste service provider responsible for collecting the commercial waste including the scheduled collection days.

10. A suitably screened refuse bin area shall be provided to the satisfaction of the City of Bayswater. The bin area is to be provided with a permanent water supply and drainage facility for wash-down and is to be screened by a gate and brick walls or other suitable material to a height of not less than 1.8m.

11. A designated hard-paved area is to be provided immediately adjoining the Charles Street alignment for the placement of all 240L waste receptacles for collection. This paved area shall be setback as far as practical from the Charles Street/Guildford Road intersection as practical.

12. Windows, doors and adjacent areas fronting Guildford Road and Charles Street shall maintain an active and interactive relationship with these streets, to the satisfaction of the City of Bayswater.

13. The bin store wall directly facing Charles Street shall incorporate design features such as varying materials, finishes, colours, or attaching/integrating features into the walls design to reduce its visual impact on the streetscape, to the satisfaction of the City of Bayswater.

14. All vehicle crossings being designed and constructed to the satisfaction of the City of Bayswater.

15. Redundant vehicle crossover(s) to be removed and the kerbing, verge and footpath (where relevant) reinstated to the satisfaction of the City of Bayswater.

16. The vehicle parking area shall be constructed in asphalt, concrete, or brick paving, drained, kerbed and line-marked, together with suitable directional signs, and thereafter maintained to the satisfaction of the City of Bayswater.

17. The right of way widening as required by condition 3 (a) shall be constructed and drained to the specifications and satisfaction of the City of Bayswater at the owner's/applicant's cost.

18. Visitor car parking spaces shall be clearly signposted as dedicated for visitor use only, to the satisfaction of the City of Bayswater.

19. Any proposed vehicular entry gates shall be a minimum 50% visually permeable, and shall be either open at all times or suitable management measures shall be implemented to ensure access is available for visitors at all times. Details of the management measures shall be submitted to and approved by the City of Bayswater, prior to the submission of a building permit application.

20. Servicing and reversing bays as shown on the approved plan(s) shall be line-marked accordingly and thereafter maintained to the satisfaction of the City of Bayswater.

21. Each resident car parking bay is to be allocated to a dwelling, and this is to be registered on the strata plan for the development to the satisfaction of the City of Bayswater.

22. A separate application including plans or description of all signs for the proposed development (including signs painted on a building) shall be submitted to and approved by the City of Bayswater, prior to the erection of any signage.

23. The approved parapet/boundary wall(s) and footings abutting lot boundaries must be constructed wholly within the subject allotment. The external surface of

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the parapet/boundary wall(s) shall be finished to a professional standard to complement development on the adjoining lot, to the satisfaction of the City of Bayswater.

24. All stormwater and drainage runoff produced onsite is to be disposed of onsite via the use of soakwells. The size of the soakwells is to be calculated by use of the formula VOL(m³) = AREA (m²) x 0.0125, where VOL is total storage volume of soakwells and AREA is total roofed and paved areas. Connection to the City’s stormwater system, where available, may be permitted as an overflow only, to the satisfaction of the City of Bayswater.

25. No street verge trees shall be removed. The street verge trees are to be retained and protected from any damage including unauthorised pruning.

26. On completion of construction, all excess articles, equipment, rubbish and materials being removed from the site and the site left in an orderly and tidy condition, to the satisfaction of the City of Bayswater.

27. No earthworks shall encroach onto the Guildford Road reserve.

28. The development will be required to undertake a transport noise assessment in accordance with the guidelines of the WAPC State Planning Policy 5.4 "Road and Rail Transport Noise and Freight Considerations in Land Use Planning", to the satisfaction of the City of Bayswater.

29. This noise sensitive development adjacent to an existing major transport corridor must pay special considerations in addressing noise amelioration measures.

30. No stormwater drainage shall be discharged onto the Guildford Road reserve.

31. The ground levels on the Guildford Road boundaries are to be maintained as existing.

32. The balconies are not to be used for the drying or airing of clothes and/or manchester.

Advice Notes 1. This approval does not authorise any interference with dividing fences, nor entry

onto neighbouring land. Accordingly, should you wish to remove or replace any portion of a dividing fence, or enter onto neighbouring land, you must first come to a satisfactory arrangement with the adjoining property owner. Please refer to the Dividing Fences Act 1961.

2. This approval is not a building permit or an approval under any other law than the Planning and Development Act 2005. It is the responsibility of the applicant/owner to obtain any other necessary approvals, consents and/or licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

3. Where a permit is required under the provisions of the Building Act 2011 and Building Regulations 2012, all relevant approvals and/or requirements to be satisfied prior to the lodgement of a building permit application with the Permit Authority, otherwise prior to commencement of any building works on-site.

4. The proposed meter boxes shall be located as to not be visually obtrusive from the streetscape, to the satisfaction of the City of Bayswater.

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Where an approval has so lapsed, no development shall be carried out without further approval having first been sought and obtained, unless the applicant has applied and obtained Development Assessment Panel approval to extend the approval term under regulation 17(1)(a) of the Development Assessment Panel Regulations 2011.

293 GUILDFORD ROAD AREAS

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DEVELOPMENT ASSESSMENT PANELS APPROVED 7 MAY 2015

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DEVELOPMENT ASSESSMENT PANELS APPROVED 7 MAY 2015

DEVELOPMENT APPLICATION

DATE: 15/07/2015

DRAWN: JMM

PROJECT 14-016DESIGN: JMM

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SCALE: 1:200 @ A3

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# 293LOT 100

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CHANGES AS PER SAT MEDIATION. REMOVE 1x CARBAY ONCHARLES ST. CARBAY ALLOC. UPDATE. SECURE GND FLSTORES. (DA CONDITION - RELOCATING GATE POSITION.)

SCALE 1:200G R O U N D F L O O R

ES

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DRAWN: JMM

PROJECT 14-016DESIGN: JMM

CHECKED: PJS

SCALE: 1:250 @ A3

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Job Ref: 8195

16 July 2015

City of Bayswater “WITHOUT PREJUDICE”

PO Box 467

MORLEY WA 6943

Attention: Steven Di Piazzi – Planning Officer

Dear Sir

DAP Application DA14-0926

Lot 100 (No 293) Guildford Road, Maylands

We refer to the above mentioned application for planning approval

(‘application’) which was conditionally approved by the Metro Central Joint

Development Assessment Panel (JDAP) on 7 May 2015 and to the

Application for Review DR 184/2015 lodged with the State Administrative

Tribunal (SAT) in relation to conditions 3(a), 3(c), 3(f) and 17 of the approval.

With respect to the above, we also refer to the Mediation session held in the

SAT on 10 July 2015 which was attended by representatives from the State

Solicitors Office, Department of Planning, Metro Central JDAP, City of

Bayswater, Ionic Projects and Rowe Group. We note that at the Mediation

session, it was agreed the matter would be subject to reconsideration by

the Metro Central JDAP under S.31 of the State Administrative Tribunal Act

2004 on the basis of the following:

Condition 3(a) – Provision of Easement

As you would be aware, the development does not generate the need for

the easement or the widening of the Right-of-Way and as such the

applicant is not required to provide the requested easement. Indeed

Clause 6.2 of Planning Bulletin 33 – Rights-of-Way or Laneways in Established

Areas by the WA Planning Commission states as follows:

“Where a subdivision or development is adjacent to a right-of-way less than 6

metres (or 5 metres, if appropriate) but does not, or is not required to, make

use of the right-of-way for access, it may not be considered equitable to require

land for widening the right-of-way to be given up free of cost.”

8195_15jul01L_gg

The vehicular access to the subject site is consistent with Clause 6.3.5 (P5) “Design Principles” of the

Residential Design Codes and as such the development does not necessitate the use of the Right-of-Way.

Notwithstanding the above observation, in the interests of progressing a mediated resolution to the

matter, the applicant is prepared to accept the imposition of a 0.715m easement adjacent the Right-of-

Way as is illustrated on the attached plan.

Conditions 3(a) and 17 – Costs for Easement

As noted above, the imposition of the easement is unreasonable and would otherwise be the subject of a

compensation process. In the spirit of mediation, the Applicant is prepared to accept the imposition of the

easement however any costs associated with the provision of the easement, together with the construction

and drainage of the Right-of-Way is not agreed by the Applicant. It is reiterated that the development does

not generate the need for the easement. There is no statutory mechanism requiring the imposition of the

easement and indeed the WA Planning Commission Planning Bulletin specifically states that landowners

should be compensated. As such these costs should reasonably be met by the Local Government rather

than the owner/applicant.

Condition 3(c) – Distribution of Parking Bays

This condition requires that four of the residential car parking bays are reallocated so as to be set aside

for use as commercial parking bays. In response to Condition 3(f) (below), one additional car parking bay

will be available for the development. As such there will be a commercial car parking shortfall of 9 bays.

The subject site is located within proximity to the Meltham Train Station and Maylands Train Station.

Additionally bus services are within 150m of the site and the development incorporates a significant

number of bicycle parking/storage areas for both the residential and the commercial users. The shortfall

of 9 commercial bays will not therefore adversely impact the future occupants on the development.

Subject to the acceptance of the position relative to Condition 3(f), we seek the rewording of Condition 3(c)

to require 19 commercial; 22 residential; 5 visitor parking bays and one service bay.

Condition 3(d) – All Commercial Bays to be Communally Accessible

To satisfy the requirements of Condition 3(d), the attached plan illustrates the relocation of the security

gate to be between Bay Nos. 8 and 18 in addition to the relocation of the commercial bays C16, C17 and

C18 further east so that they are not located behind the gate and will be communally accessible.

Condition 3(f) – Deletion of Two Commercial Car Bays in Setback Area

Whilst it is contended that both car bays within the setback area can satisfy the required sight-lines (note

the footpath is also offset 1.2m from the property boundary), the western car bay would need to be

repositioned in a manner that intercepts a natural pedestrian movement. The attached amended plan

depicts the deletion of the western parking bay within the building setback however the eastern carbay has

been retained given the position of this car bay satisfies the required sight-lines. A notional 1.5m x 1.5m

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sight-line truncation for vehicles exiting the development into Charles Street has been depicted on the

development plan.

The attached amended plan illustrates the various abovementioned design changes. Please note that this

plan is provided on a “without prejudice” basis for the purpose of reconsideration by the Metro Central

JDAP under S.31 of the State Administrative Tribunal Act 2004 by 21 August 2015, in accordance with item 3

of the orders of the SAT made at the Mediation session held on 10 July 2015.

Should you require any further information or clarification in relation to this matter, please contact either

George Hajigabriel or the undersigned on 9221 1991.

Yours faithfully,

Jeremy Hofland

Rowe Group

Copy:

State Solicitor’s Office

Department of Planning

DAP Secretariat - Metro Central JDAP

State Administrative Tribunal

agenda - no 119 - city of canning - city of bayswater.pdf

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