metro central joint development assessment panel … daps/metro central... · ms kelly vilkson...

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Metro Central Joint Development Assessment Panel Agenda

Meeting Date and Time: 24 March 2016; 11:30am Meeting Number: MCJDAP/158 Meeting Venue: City of Belmont 215 Wright Street Cloverdale Attendance

DAP Members Mr Charles Johnson (Presiding Member) Mr Christopher Antill (Deputy Presiding Member) Mr Luigi D’Alessandro (Specialist Member) Cr Pauline Tarrant (Local Government Member, City of Canning) Cr Christine Cunningham (Local Government Member, City of Canning) Mayor Phil Marks (Local Government Member, City of Belmont) Cr Robert Rossi (Local Government Member, City of Belmont) Officers in attendance Ms Kelly Vilkson (City of Canning) Ms Amber-Rose Currie (City of Canning) Mr Wilmot Loh (City of Belmont) Mr Troy Cappellucci (City of Belmont) Mr Juan Bernal (City of Belmont) Mr Murray Ralph (City of Belmont) Mr Jay Hardison (City of Belmont) Local Government Minute Secretary Ms Caroline Wyder-Saunders (City of Belmont) Ms Melanie Watts (City of Belmont) Applicants and Submitters Mr Leo Chong (Rechitects) Mr Javier Ayora (Rechitects) Ms Monica Ee (Rechitects) Ms Cecilia Xie (Sunshine Light Property) Mr Henrique Mendonca (ETool) Members of the Public Nil

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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

4. Noting of Minutes

Note the Minutes of the Metro Central meeting No.153 held on the 3 March 2016. The Minutes of the Metro Central Meeting No.157 held on 15 March 2016 were not available at time of Agenda preparation.

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 Ross Duckham (Roberts Day) presenting against the application at Item 8.1. The presentation will speak against the proposed development.

7.2 Mr Ben Carter (Pinnacle Planning) presenting for the application at Item

8.2. The presentation will request a deferral of the application.

8. Form 1 - Responsible Authority Reports – DAP Application 8.1 Property Location: Lot 42 Queen Street, Bentley Application Details: 46 Multiple Dwellings, and Public Open

Space Area F Applicant: Rechitects Architecture and Design Owner: City of Canning Responsible authority: City of Canning DoP File No: DAP/15/00958

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8.2 Property Location: Lots 619 & 620 (Nos. 155 & 157) Great Eastern

Highway, Belmont Application Details: Hotel comprising of 141 guest rooms, 40

Serviced Apartments along with meeting rooms, bars and restaurants

Applicant: Mark Aronson Architecture Owner: Lillian Grace Franolich and Mark Albert

Barrington Responsible authority: City of Belmont DoP File No: DAP/15/00954

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

development approval

Nil

10. Appeals to the State Administrative Tribunal Nil

11. General Business / Meeting Closure

In accordance with Standing Order 7.3 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment.

Meeting No. 153 3 March 2016

Mr Charles Johnson Presiding Member, Metro Central JDAP Page 1

Minutes of the Metro Central JDAP

Joint Development Assessment Panel Meeting Date and Time: 3 March 2016; 3pm Meeting Number: MCJDAP/153 Meeting Venue: City of Melville

10 Almondbury Road Booragoon

Attendance

DAP Members Mr Charles Johnson (Presiding Member) Mr Christopher Antill (Deputy Presiding Member) Mr Luigi D’Alessandro (Specialist Member) Cr Nicole Foxton (Local Government Member, City of Melville) Cr Cameron Schuster (Local Government Member, City of Melville) Officers in attendance Mr Mark Scarfone (City of Melville) Mr Peter Prendergast (City of Melville) Mr Ben Ashwood (City of Melville) Mr Dean Cracknell (City of Melville) Local Government Minute Secretary Ms Antonetta Papalia (City of Melville) Ms Lucy Barrett (City of Melville) Applicants and Submitters Mr Gareth Glanville (Planning Solutions) Mr Ben Doyle (Planning Solutions) Members of the Public Nil 1. Declaration of Opening

The Presiding Member, Mr Charles Johnson declared the meeting open at 3:07pm on 3 March 2016 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

Minutes of the Metro Central Meeting No. 152 held on 25 February were not available for noting at the time of meeting.

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 Mr Ben Doyle (Planning Solutions) addressed the DAP for the application at

Item 10.1. Mr Ben Doyle answered questions from the panel. 8. Form 1 - Responsible Authority Reports – DAP Application

Nil

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

development approval

Nil 10. Appeals to the State Administrative Tribunal

10.1 Property Location: Lot 327 (No. 8) Willcock Street, Ardross Application Details: Four Storey Mixed Use Development Applicant: Planning Solutions Owner: 8 Willcock Pty Ltd Responsible authority: City of Melville DoP File No: DAP/15/00825

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Cr Cameron Schuster Seconded by: Cr Nicole Foxton 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 394 of 2015, resolves to:



Reconsider its decision dated 27 October 2015 and refuse DAP Application reference DAP/15/00825 and amended plans: Basement Floor Plan, Ground Floor Plan, Level 1 Plan, Level 2 Plan, Roof Loft Floor Plan and Elevations in accordance with City of Melville Community Planning Scheme No. 5 for the following reason: Reasons

1. “The proposed development would, by virtue of its design and height, result in a built form outcome to the detriment of the Riseley Activity Centre Structure Plan and be contrary to the orderly and proper planning for the Structure Plan area”.

AMENDING MOTION Moved by: Cr Cameron Schuster Seconded by: Cr Nicole Foxton To amend Reason 1 to read:

1. “The proposed development would, by virtue of its design and height, result in a built form outcome to the detriment of the Riseley Activity Centre Structure Plan and be contrary to the orderly and proper planning for the Structure Plan area” as it is a four storey structure in an area designated for three storey maximum.

REASON: To better reflect the four (4) storey nature of the building in relation to the Structure Plan provisions. The Amending Motion was put and CARRIED (3/2). For: Mr Christopher Antill Cr Cameron Schuster Cr Nicole Foxton Against: Mr Charles Johnson Mr Luigi D’Alessandro PRIMARY MOTION (AS AMENDED) Moved by: Cr Cameron Schuster Seconded by: Cr Nicole Foxton 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 394 of 2015, resolves to: Reconsider its decision dated 27 October 2015 and refuse DAP Application reference DAP/15/00825 and amended plans: Basement Floor Plan, Ground Floor Plan, Level 1 Plan, Level 2 Plan, Roof Loft Floor Plan and Elevations in accordance with City of Melville Community Planning Scheme No. 5 for the following reason: Reasons



1. “The proposed development would, by virtue of its design and height, result in a built form outcome to the detriment of the Riseley Activity Centre Structure Plan and be contrary to the orderly and proper planning for the Structure Plan area” as it is a four storey structure in an area designated for three storey maximum.

The Primary Motion (as amended) was put and CARRIED (3/2). For: Mr Christopher Antill Cr Cameron Schuster Cr Nicole Foxton Against: Mr Charles Johnson Mr Luigi D’Alessandro As invited by the State Administrative Tribunal under Section 31 of the State Administrative Act 2004, the Metro Central JDAP will reconsider Lot 110 (324) Railway Parade, East Cannington on the 9 March 2016.

11. General Business / Meeting Close

There being no further business, the presiding member declared the meeting closed at 4:06pm.

Form 1 - Responsible Authority Report (Regulation 12)

Property Location: Lot 42 Queen Street, Bentley

Application Details: 46 Multiple Dwellings, and Public Open Space Area F

DAP Name: Metro Centro JDAP

Applicant: Rechitects Architecture and Design

Owner: City of Canning

LG Reference: 15/17246.1

Responsible Authority: City of Canning

Authorising Officer: Graeme Bride, Director Planning and Regulation

Department of Planning File No: DAP/15/00958

Report Date: 14 March 2016

Application Receipt Date: 16 December 215

Application Process Days: 90 Days

Attachment(s): 1: Location Plan. 2: Photographs of the subject site. 3: Bentley Hub Local Development Plan

adopted 15 September 2015. 4. Draft Local Planning Policy LP.05 –

Bentley Regeneration Design Guidelines. 5: Draft Local Planning Policy LP.03 –

Developer Funded Public Art. 6: Design Review by Louise Ainsworth dated

2 March 2016. 7: Comments from external agencies. 8: Development plans. 9: Applicants report dated 29 February 2016. 10: Waste Management Plan received 25

February 2016. 11: Acoustic Design Requirements and

Design Method Statement dated 30 November 2015.

12: eTool Target Setting Report dated 8 December 2015.

13: eTool Environmental Performance of Buildings dated 8 December 2015.

Officer Recommendation: That the Metropolitan Central Joint Development Assessment Panel resolves to: Approve DAP Application reference DAP 15/00958 and accompanying amended plans including, Plan of Subdivision, Site Survey (D39302), Project Summary (A01.00), Site Plan (A01.01), Indicative Future POS Design (A01.02), Overshadowed Diagram to Adjacent Neighbours (A01.03), Overshadowed Diagram to Communal Open Space (A01.04), Tree Plan (A01.05), Cross Ventilation Diagram (A01.06), Solar Access Diagram (A01.07), Basement Plan (A03.01), Roof Plan (A03.04), Apartment Type Typical (A03.06), Section A-A, B-B, C-C (A07.01), Perspectives-

External (A40.01), Perspectives-Internal (A40.02), Isometric Views (A40.03), Isometric Views (40.04), Ground Floor Plan (A03.02), Level 1&2 Floor Plan (A03.03), Apartment Type Typical (A03.05), Elevations (A06.00), and Elevations (A06.01), in accordance with clause 68 of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following conditions: 1. Prior to the submission of an application for building permit, a detailed schedule

of external materials, finishes and colours to be used in the construction of the development is to be submitted to the satisfaction of the City. Prior to occupation or use of the development, the development is to be completed and maintained in accordance with the approved schedule to the satisfaction of the City.

2. Prior to the submission of an application for building permit, or other time

agreed to in writing by the City, the owner/developer is to elect to either:

(i) Seek approval from the City of Canning for an artist to provide public art on the development site to a minimum value representing 1% of the cost of the development; or

(ii) Make arrangements with the City of Canning for a cash-in-lieu payment representing 1% of the cost of development.

Where public art is to be provided on the development site, the approved concept is to be thereafter implemented and the artwork constructed and maintained for the duration of the development to the satisfaction of the City.

3. Prior to the submission of an application for building permit, a report that meets

the City’s geotechnical requirements and the City’s Earthworks Policy (ET510) is to be submitted by and at the cost of the owner/developer to the satisfaction of the City.

4. Prior to the commencement of any construction works, a post earthworks report certifying that the works recommended by the geotechnical report required in Condition 3 have been completed is to be submitted by and at the cost of the owner/developer to the satisfaction of the City.

5. Prior to the submission of an application for building permit, a stormwater

management plan is to be submitted to the satisfaction of the City. The approved stormwater management system is to be implemented and thereafter maintained to the satisfaction of the City.

6. Prior to the commencement of any site or construction works, detailed plans

and specifications are to be submitted to the City for all works within the road reserve to the satisfaction of the City, including:

(i) The construction of the eight on-street parking bays (ii) Paving and landscaping treatments; and (iii) Modification of the manhole located in the proposed crossover to achieve

a trafficable standard. Thereafter the approved works are to be implemented at the cost of the applicant/owner, prior to the occupation or use of the development.

7. Prior to the commencement of any site or construction works, the developer is

to pay the City a bond of $1,100 bond in relation to the above Condition 6(iii) requirement for modification of the manhole located in the proposed crossover to achieve a trafficable standard.

8. Prior to the occupation or use of the development, the 12 visitor car parking

bays are to be permanently marked and maintained at all times for use by visitors to the property and be clearly visible from the street. Signage to be provided to the four on-site visitor bays located next to the bin collection area stating the hours that the bays will be blocked by a waste truck servicing the site.

9. Prior to the occupation or use of the development, a detailed Acoustic Design

Report prepared by an accredited acoustic consultant, that confirms the building design complies with Acoustic Design Requirements and Design Method Statement dated 30 November 2015, the City’s (draft) Local Planning Policy LP.05 and Australian Standard AS2107 is to be submitted to and approved by the City.

10. Prior to the submission of an application for a building permit, a full Life Cycle Assessment Report in accordance with standard EN15978 and as per the Target Setting Report dated 8 December 2015 is to be submitted to and approved by the City. This Report will confirm the specific measures that will be implemented in the development to achieve:

(i) A greenhouse gas (global warming potential) saving as detailed in the

Target Setting Report dated 8 December 2015 and being not less than 30%; and

(ii) Water savings of not less than that shown in the Target Setting Report dated 8 December 2015;

Prior to the occupation or use of the development, the City’s sustainability requirements are to be complied with and supporting documentation as evidence of such compliance is to be submitted to and approved by the City.

11. Prior to the occupation or use of the development, landscaping in the front

setback areas and communal open space area is to be provided and thereafter maintained in accordance with the Site Plan (ref: A01.01) and Trees Plan (ref: A01.05) approved herein and stamped accordingly.

12. Prior to the submission of an application for building permit, detailed design

plans and documents for the development of the adjoining public open space as depicted on the Indicative Future POS Design plan (ref: A01/02) and providing for a higher standard than other parks in the Bentley Regeneration Local Structure Plan area as per clause 10.1 of the Bentley Regeneration Local Structure Plan are to be submitted to the satisfaction of the City.

13. Prior to the occupation or use of the development, works to develop the

adjoining public open space are to be completed by the developer at their cost in accordance with the approved detailed design plans and documentation to the satisfaction of the City.

14. Prior to the occupation or use of the development, a minimum of 51 bicycle bays are to be installed and maintained for the duration of the development to the satisfaction of the City.

15. Prior to the submission of an application for building permit, a lighting plan

indicating lighting to the pathways, communal open space, pedestrian and vehicle entry points, and car parking areas is to be submitted to and approved by the City. Prior to the occupation of the development, the approved lighting is to be installed and thereafter maintained by and at the cost of the owner/developer to the satisfaction of the City.

16. The approved Waste Management Plan receive stamp dated 25 February 2016

is to be implemented for the duration of the occupancy of the development to the satisfaction of the City.

17. Prior to the occupation or use of the development, the strata company for the

property is to enter a waste management deed with the City, where the strata company covenants to:

(i) grant the City’s employees, contractors and invitees access to those

common areas on the strata plan reasonable necessary for the City to access for the purposes of collecting waste;

(ii) indemnify the City against any damage to any property caused by or attributed to any vehicles or equipment used by the City, its employees, contractors and invitees when collecting waste (excluding any damage caused by the wilful misconduct or negligence of the operatives of the City’s refuse collection trucks); and

(iii) incorporate the requirements of the waste management deed within the management statement for the strata scheme.

18. Prior to occupation or use of the development, to facilitate on-site servicing the

internal road pavement, where subject to the manoeuvring of the City’s waste collection vehicles, is to be constructed to road pavement standards.

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

20. No services, such as plant equipment, waste bins, air conditioners or water

heaters, are to be visible from the street or public place. Advice Notes A. In relation to the Public Art requirement, a copy of the City’s draft Local

Planning Policy LP.03 – Developer Funded Public Art is available on request. The draft policy was adopted for advertising by Council at the Ordinary Council Meeting held on 13 October 2015; the Policy has been advertised and its final adoption is to be considered at the April 2016 Council Meeting.

B. With respect to the landscaping in the front setback areas and communal open space area it is recommended that the developer contact the City’s Parks and Streetscape Services to discuss the selection of suitable tree and plant species.

C. With respect to the Site Works requirement, the City has prepared a Bentley Regeneration Project Landscape Master Plan for works in the road reserve which should be followed. The developer is advised to liaise with the City’s Landscape Architect for further information.

21. With respect to the works in the road reserve and modification of the manhole,

the City is currently using a cast iron Webcast cover classification class “C” available from WEBFORGE (WA) 24 Tennant Street, Welshpool. (08) 9361 8933. The developer is advised to liaise with the City’s Engineering Services for further information.

D. With respect to the Waste Management requirement, the City utilises 23tonne

GVM Heavy Rigid 6 x 4 rear loading refuse trucks with a wheel base of approx. 5200mm and a turning circle of 22m diameter and requires a 3.6 metres overhead clearance.

E. Existing crossovers which are not used as part of the development or

redevelopment must be removed. All kerb is to be reinstated in accordance with the City’s “Extruded Kerbing Standard Details,” refer to Plan No C1630, and verges are to be reinstated to match the levels of the existing verge and to be left free of builders rubble.

F. Residential crossovers must be constructed in accordance with the City’s “Residential Crossover Standard Details” refer to Plan No. STD 01. The City’s Engineering Services advise that the minimum and maximum width of residential crossovers is three (3) and six (6) metres respectively. The City advises that:

Prior to construction of all crossovers and internal driveways, levels at the property boundary must be obtained from the City’s Customer Services Officer - Construction on (08) 9231 0654. The City sets a +2% grade from the top of the fully mountable kerb to the property boundary and any variation must be approved by the City’s Engineering Services in writing prior to the commencement of any construction. Concrete crossovers must be inspected prior to pouring concrete and bricked paved crossovers must be inspected after laying and compaction of crushed limestone/road base and sand bedding. All crossovers must be inspected on completion of construction. Contact the Customer Services Officer - Construction on the above number to arrange for an inspection.

Residential crossover construction material must be concrete or brickpaving.

Crossover splays to be 0.5 metre x 3.0 metres. G. The development is to comply at all times with the Environmental Protection

(Noise) Regulations 1997. In this regard, air conditioning systems, carpark ventilation systems, and other plant and equipment that may emit excessive noise are to be designed and located so that noise emissions, when received at neighbouring lots are compliant with the Regulations. To ensure compliance the City recommends the applicant engage the services of an accredited acoustic consultant to provide further advice with regard to the final placement of all plant and equipment and compound construction. The applicant may also refer to the City’s guideline titled “An installer’s guide to Air Conditioner Noise” to assist in assessing the appropriate air conditioner location. The Guideline is available on the City’s website via the following link:

http://www.canning.wa.gov.au/images/stories/installers_guide_to_air_conditioner_noise.pdf

H. The developer is reminded to contact Western Power’s Networks Customer Services to register the proposed project and obtain relevant forms. These forms must be completed and submitted at least four weeks prior to work commencing.

I. The developer is reminded to contact Water Corporation at the building permit

stage to enable servicing details and any system upgrades in accordance with section 82 of the Water Services Act 2012.

J. This approval does not authorise the commencement of any building works. The

applicant is advised that a building permit must be obtained prior to the commencement of any works. To obtain a building permit it will be necessary to submit documentation in compliance with the Building Regulations, including plans incorporating all conditions of this approval, specifications and structural drawings.

K. If the development the subject of this approval is not substantially commenced

within a period of 2 years, the approval will lapse and be of no further effect. L. Where an approval has so lapsed, no development must be carried out without

the further approval of the local government having first being sought and obtained

M. If an applicant or owner is aggrieved by this determination there is a right of

review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005. An application must be made within 28 days of the determination.

Background:

Insert Property Address: Lot 42 Queen Street, Bentley (Lot 42 on Diagram 39302)

Insert Zoning MRS: Urban

TPS: Development Area 1

Insert Use Class: Multiple Dwellings = ‘AA’ (as per Table 2 of the Bentley Regeneration Project Local Structure Plan)

Insert Strategy Policy: Bentley Regeneration Project Local Structure Plan; Bentley Hub Local Development Plan; Local Planning Policy LP.05 - Bentley Regeneration Design Guidelines; Local Planning Policy SRS234 – Site Analysis Reporting and Design Review Process for Significant Development (‘Policy SRS234’; and Local Planning Policy LP.03 - Developer Funded Public Art.

Insert Development Scheme: Town Planning Scheme No. 40

Insert Lot Size: 2547m² (subject portion of Lot 42, includes portion of road reserve)



Insert Existing Land Use: Vacant Public Recreation (former Canning Aquatic Centre)

Value of Development: $7 Million

The subject development site covers an area of 2547m² in the north-eastern corner of the 1.8827 hectare parent Lot 42. Existing development within the development site comprises of a bituminised car parking area and a number of mature trees, which was associated with the former Canning Aquatic Centre. Concurrent to this development application, an application for subdivision (WAPC ref: 152868) is currently being processed by the Western Australian Planning Commission (‘WAPC’). The subdivision application proposes the creation of Lot 2001 (creating the abovementioned subject development site) with a land area of 2547m² and an adjoining area of public open space (POS) with a land area of 1892m². A copy of the proposed Plan of Subdivision is included in the Development Plans provided as an attachment to this report. The development application at Lot 42 is the first application received by the City located within Development Area 1 as listed in Appendix 9 of the City’s Town Planning Scheme No. 40 (‘the City’s Scheme’). The development has been assessed with regard to key planning instruments, including the following three which are specific to Development Area 1:

Bentley Regeneration Project Local Structure Plan (LSP);

The Bentley Hub Local Development Plan (LDP); and

Draft Local Planning Policy LP.05 - Bentley Regeneration Design Guidelines (Policy LP.05).

These three documents are further discussed in the following Legislation & Policy section and the Planning Assessment section. Details: outline of development application The proposed three-storey residential apartment block development comprises of:

46 multiple dwellings comprising of 18 single bedroom units and 28 two bedroom units;

A large community courtyard located within the middle of the development site;

47 car basement level car parking bays accessed via a crossover/driveway abutting the eastern side of the property;

Four at-grade visitor car bays next to the driveway to the basement car ramp; and

Eight on-street visitor car parking bays. The development proposal also includes design and development of an adjoining Public Open Space as depicted as Area “F” on Figure 12: Public Open Space of the LSP. Legislation & policy: Town Planning Scheme No. 40 Development Area 1 (DA1) as listed in Appendix 9 of the City’s Town Planning Scheme No. 40 (‘the City’s Scheme’) was created via scheme amendment 195, which was gazetted on 20 August 2013. DA1 covers a 27.1529 hectare area known as the Bentley Regeneration project, encompassing land owned by the Department

of Housing, City of Canning, State owned reserve and freehold lots bounded by Manning Road, Dumond Street, Walpole Street, Warwick Street, Pollock Street, Queen Street, the Bentley Primary School and Hendley Place. DA1 was created to facilitate redevelopment of the Bentley Regeneration project area (also known as the Brownlie Precinct) for housing, retail, commercial and community uses. Development and subdivision is to be in accordance with an approved structure plan. Bentley Regeneration Project Local Structure Plan (‘LSP’) In accordance with Part 10 of the City’s Scheme the LSP was adopted by the WAPC on 14 April 2015. The LSP was created via a collaborative partnership of the City of Canning and the Department of Housing. The LSP contains provisions guiding subdivision and development within three key precincts: Edge, Frame and Core, as shown in the following Plan 1: Local Structure Plan:

A key objective of the LSP is the promotion of housing diversity to promote genuine housing choice at an affordable price. The subject site located in the Edge Precinct which the LSP characterises as primarily residential in nature with a medium density of R60, a plot ratio of between 0.6 and 0.9 and a height range of 1-3 storeys. The LSP contains provisions for the preparation of design guidelines and local development plans within the subject project area. A copy of the LSP may be

downloaded from the City’s website www.canning.wa.gov.au (refer to Documents > Policy and Strategy). Bentley Hub Edge Local Development Plan (‘LDP’) Following adoption of the LSP, the LDP was adopted by the City on 15 September 2015, in accordance with Part 1 clause 9.3 of the LSP. The LDP covers a total area of 9.0929 hectares within the Edge Precinct on the eastern side of DA1, as shown in the following location plan extract from the LDP:

The subject development site is included in this LDP area. A copy of the LDP is provided as an attachment to this report. State Government Strategies and Policies Directions 2031 and Beyond date August 2010 Directions 2031 is a key and instrumental strategic document for planning future population growth in Western Australia, and a core vision includes the following: “For any planning vision to be successful it must be in tune with the aspirations of both residents and business. The planned growth of the outer suburbs must meet the needs of people seeking new accommodation in suburban surroundings. Increasing numbers of people are also looking for apartments in established areas close to employment centres with good public transport access………….The planning system needs to ensure that all of these lifestyle choices can be provided for.” The Western Australian Planning Commission (WAPC) and Department of Housing (Department) identified that several objectives and key themes of Directions 2031 can be delivered by the Department in the Bentley Regeneration project. This includes promotion of affordability, achieving articulated density and infill development targets, planning housing to meet demographic needs and providing community identity and character. A yield of 1500 dwellings is identified for the site in Directions 2031 supporting documentation.

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

SPP 3.1 – Residential Design Codes (‘R-Codes’) The R60 density provisions of the R-Codes have been applied where the LDP or Design Guidelines do not contain relevant guidelines. Local Policies Local Planning Policy LP.05 – Bentley Regeneration Design Guidelines (‘Policy LP.05’) The City’s draft Policy LP.05 contains additional planning and design requirements applicable to design and development within the Bentley Regeneration project area. Policy LP.05 also includes provisions guiding the application of plot ratio bonuses of up to a maximum of 25% for the subject development. Criteria for the plot ratio bonuses include built form requirements such as acoustic privacy and environmental sustainability relating to design and ongoing water and energy use. Draft Policy LP.05 was adopted for the purpose of initiating public advertisement by Council at the Ordinary Council Meeting held on 17 November 2015. The Policy is to be presented to the May 2016 Council Meeting for final adoption. As Policy LP.05 has been publically advertised it is considered to be a seriously entertained planning instrument, and has therefore been used in the assessment of the proposal. A copy of the draft Policy LP.05 is provided as an attachment to this report. Local Planning Policy SRS234 – Site Analysis Reporting and Design Review Process for Significant Development (‘Policy SRS234’) Policy SRS234 provides guidelines for the assessment of significant developments by a design review panel with regard to identified design principles. Under the policy the subject development is considered to be a significant development and has therefore been assessment by a design review panel member with architectural expertise. A copy of Policy SRS234 is provided as an attachment to this report. The design review assessment was generally supportive of the external design but overall it did not consider the development to be particularly remarkable due to the layout of the apartments and the communal open space. The reviewer considers a proposal worthy of being considered as demonstrating design excellence should be unique, innovative and highly responsive to its physical and environmental context as well in its functional and architectural response to the brief. The design was considered to be sensible, functional and architecturally well-articulated but did not consider the proposal demonstrates excellence in design. The proposal meets many of the objectives and requirements of the Bentley Regeneration Project Local Structure Plan, the Draft Bentley Regeneration Design Guidelines and the Bentley Hub Edge Local Development Plan. However, the Design View report suggested the below design considerations to improve the interface with the street/neighbouring properties and tree retention:

Preserving the line of ‘street trees’ along the future Ashburton Street;

Deletion of the four southern-most apartments on each floor; and

Moving the under-croft parking area northwards and stepping down of floor levels to allow more sensitive design of the interface with existing lots and possible retention of trees along the southern part of the site.

In respect to the above three suggestions it is noted that:

A tree survey that was provided by Place Laboratory identified that the trees within the future Ashburton Street road reserve to be ‘low value’. Whilst the City encouraged the developer to consider a design incorporating the existing mature on-site trees, however, in accordance with the LDP the Tree plan (A1.05) provided demonstrates that where trees have been removed from the subject site replacement trees will be provided. This meets the City’s requirements.

A reduction in the scale and number of dwellings is not required, as the development meets relevant building height, lot setback and overshadowing requirements.

Moving the basement parking area is not required, as the development meets relevant building height, lot setback and overshadowing requirements.

Draft Local Planning Policy LP.03 – Developer Funded Public Art (‘Policy LP.03’) The City’s draft new Policy LP.03 identifies a requirement for a contribution to public art representing 1% of the development cost. Draft Policy LP.03 was adopted for the purpose of initiating public advertisement by Council at the Ordinary Council Meeting held on 13 October 2015. A copy of draft Policy PL.03 is provided as an attachment to this report. The Policy is to be presented to the April 2016 Council Meeting for final adoption. As Policy LP.03 has been publically advertised it is considered to be a seriously entertained planning instrument. It is recommended that a condition be imposed on the approval requiring provision of a public art contribution. Consultation: Public Consultation The proposal was referred to six (6) adjoining land owners for comment on proposed variations to side and rear lot setbacks and visual privacy requirements. At the end of the public comment period undertaken between 5 February 2016 and 19 February 2016, three (3) submissions of objection were received. These objections are no longer relevant as the plans have since been amended to comply with the relevant design requirement. Consultation with other Agencies or Consultants The City referred the application to the Water Corporation and Western Power. Full copies of their comments are provided in an attachment to this report. It is noted that neither of these two agencies objected to the development, and appropriate advice notes have been recommended in order to remind the applicant of their obligations. In addition, the proposal was referred to the Department of Housing. The Department provided a number of comments to the City, which were used in conjunction with the City’s own assessment to guide amendments to the development plans to ensure that relevant design requirements were achieved. Planning assessment: This section discussed compliance with relevant design requirements in relation to the multiple dwelling development on proposed Lot 2001 and also the adjoining Public Open Space Area F. 46 Multiple Dwelling development

The following design elements of the LDP and R-Codes are considered to meet with the deemed-to-comply provisions, and therefore have not been discussed further in the body of this report:

Plot ratio (Clause 2.1 of the Design Guidelines and the Plot Ratio requirement LDP);

Building height (Table 3 of the LSP and the Building Height & Ground Floor Ceiling Height requirements LDP);

Street setback (Clause 2.4 of the Design Guidelines and the Setbacks requirement of the LDP);

Lot boundary setback (Clause 6.1.4 of the R-Codes);

Open space (Clause 6.1.5 of the R-Codes);

Street surveillance (Clause 6.2.1 of the R-Codes, Clause 2.14 of the Design Guidelines and the Designing out Crime (CPTED) requirement of the LDP);

Street walls and fences (Clause 6.2.2 of the R-Codes);

Sightlines (Clause 6.2.3 of the R-Codes and the Parking requirement of the LDP);

Building appearance (Clause 2.5 & 2.8 of the Design Guidelines and the Façade and Materials requirement of the LDP);

Outdoor living areas (Clause 6.3.2 of the R-Codes and the Balconies requirement of the LDP);

Parking Clause (3.1 of the Design Guidelines and the Parking requirement of the LDP);

Design of car parking spaces (Clause 6.3.4 of the R-Codes and the Parking requirement of the LDP);

Vehicle access (Clause 6.3.5 of the R-Codes, Clause 2.9 of the Design Guidelines and the Parking requirement of the LDP);

Site works (Clause 6.3.6 of the R-Codes and the Ground Floor Finished Level requirement of the LDP);

Retaining walls (Clause 6.3.7 of the R-Codes);

Visual privacy (Clause 6.4.1 of the R-Codes);

Solar access for adjoining sites (Clause 6.4.2 of the R-Codes);

Dwelling size (Clause 6.4.3 of the R-Codes); and

External fixtures (Clause 6.4.5 of the R-Codes and the Service Areas requirement of the LDP).

The following two tables contain an assessment of the development in respect to proposed variations and also the proposed plot ratio bonus. TABLE 1: Bentley Hub Edge Local Development Plan (LDP)

Design element

LDP requirement Proposed development

Officer comment

Plot Ratio Minimum 0.6:1 Maximum 0.9:1 Plot ratio bonuses of up to 25% may be granted for development that achieves the bonus development targets identified in the Bentley Regeneration Design Guidelines.

0.9:1 (25% bonus requested).

Refer to Table 3 for how the bonus development targets were satisfied.

TABLE 1: Bentley Hub Edge Local Development Plan (LDP)

Design element

LDP requirement Proposed development

Officer comment

Balconies Minimum area: 10m² Minimum dimension: 2.4m² Minimum Provision: 1 balcony per dwelling

Unit Type E has a minimum dimension of 2.12m.

Amended plans have been provided to achieve and area of 10.5m

2 for all balconies, which

will also allow for air conditioning units and hot water units to be accommodated. Unit type E proposes a minor variation to the balcony outdoor living area minimum 2.4m dimension. There are only six type E units affected, equating to 13% of the overall development. The variation is mitigated by providing a useable sized area and ensuring that the minimum area of 10m2 is achieved. In accordance with R-Codes design principles 6.3.1 P1 the outdoor living areas provide an outlook to the street and are open to winter sun, being to a north easterly orientation. The outdoor living areas open from habitable rooms and are considered adequate for the needs of the future residents as they are a studio dwelling and are designed to cater for the smallest of households of 1 to 2 persons. The balconies overlook the substantial landscaped communal facilities, providing them with additional impression of space. The large outdoor private communal area has been provided for the enjoyment and use of the residents, compensating for the slight under width of the balconies. The development should also be considered in the context of the large adjacent public open space, which will actively encourage recreation, further reducing reliance on private open space. Due to the proposed inviting and pleasant landscaped settings, it is likely that use of the public and communal open space areas will