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Metro Central Joint Development Assessment Panel Agenda

Meeting Date and Time: 4 October 2017; 2pm Meeting Number: MCJDAP/259 Meeting Venue: City of Belmont Attendance

DAP Members Mr Charles Johnson (Presiding Member) Ms Sheryl Chaffer (Deputy Presiding Member) Mr Michael Hardy (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) Cr Glenn Cridland (Local Government Member, City of South Perth) Officers in attendance Ms Janet Lankester (City of Belmont) Mr Stevan Rodic (City of South Perth) Ms Vicki Lummer (City of South Perth) Mr Cameron Howell (City of South Perth) Local Government Minute Secretary Ms Erin Cashman (City of Belmont) Applicants and Submitters Mr Hide Shigeyoshi (Dynamic Planning) Mr Christopher Dwyer (MJA Studios) Ms Sophie Bottcher (MJA Studio) Members of the Public / Media 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

Version: 3

3. Members on Leave of Absence

Nil

4. Noting of Minutes

Note the Minutes of Metro Central JDAP meeting No.254 held on the 8 September 2017, No.255 held on the 11 September 2017, No.256 held on the 12 September 2017 and No.257 held on the 18 September 2017. The Minutes of Metro Central JDAP meeting No.258 held on 21 September 2017 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 Ms Sophie Bottcher (MJA Studio) and Mr Christopher Dwyer (MJA Studio) presenting in support of the application at Item 8.1. The presentation will provide a brief description of the design elements of the proposal and justification for the proposed removal of Condition 1.

7.2 Mr Hide Shigeyoshi (Dynamic Planning and Developments Pty Ltd)

presenting in support of the application at Item 10.1. The presentation will not support Recommendation A but will support Recommendation B and request amendments to those conditions.

8. Form 1 - Responsible Authority Reports – DAP Applications

8.1 Property Location: Lot 5 (87) Robert Street, Como Application Details: Proposed 23 Multiple Dwellings within a 6 Storey

plus Basement Building Applicant: MJA Studio Owner: ABN Projects Pty Ltd Responsible authority: City of South Perth DAP File No: DAP/17/01250

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

development approval

Nil

Version: 3

10. Appeals to the State Administrative Tribunal

10.1 Property Location: Lot 766 (268-282) Great Eastern Highway, cnr

Epsom Avenue and Moreing Road, Ascot Application Details: Mixed Use Commerical Centre - Medical Centre

Motor Vehicle Repair Laundromat 6 Fast Food/Take Away outlets Restaurant Showroom Service Station

Applicant: Dynamic Planning & Developments Pty Ltd Owner: Automotive Properties Pty Ltd & APPL

Properties Pty Ltd Responsible authority: City of Belmont DAP File No: DAP/15/00925

11. General Business / Meeting Closure In accordance with Section 7.3 of the DAP Standing Orders 2017 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.

Version: 3

Meeting No.254 8 September 2017

Minutes of the Metro Central Joint Development Assessment

Panel Meeting Date and Time: 8 September 2017; 9am Meeting Number: MCJDAP/254 Meeting Venue: City of Bayswater

61 Broun Avenue Bayswater

Attendance

DAP Members Mr Charles Johnson (Presiding Member) Ms Sheryl Chaffer (Deputy Presiding Member) Mr Michael Hardy (Specialist Member) Cr Catherine Ehrhardt (Local Government Member, City of Bayswater) Cr Chris Cornish (Local Government Member, City of Bayswater) Officers in attendance Mr Steven De Piazzi (City of Bayswater) Ms Helen Smith (City of Bayswater) Local Government Minute Secretary Ms Elizabeth Breen (City of Bayswater) Applicant and Submitters Mr Paul Ghantous (Transcore) Mr Nik Hidding (Peter Webb & Associates) Mr Malcolm Mackay (Mackay Urban Design) Members of the Public / Media One There was one member of the public in attendance. Ms Kristie Lim from The Eastern Reporter was in attendance. 1. Declaration of Opening

The Presiding Member, Mr Charles Johnson declared the meeting open at 9.00am on 8 September 2017 and acknowledged the past and present traditional owners and custodians of the land on which the meeting was being held.

Mr Charles Johnson Presiding Member, Metro Central JDAP Page 1


The Presiding Member announced the meeting would be run in accordance with the Development Assessment Panel Standing Orders 2012 under the Planning and Development (Development Assessment Panels) Regulations 2011.

The Presiding Member advised that the meeting is being audio recorded in accordance with Section 5.16 of the Standing Orders 2012; No Recording of Meeting, which states: 'A person must not use any electronic, visual or audio recording device or instrument to record the proceedings of the DAP meeting unless the Presiding Member has given permission to do so.' The Presiding Member granted permission for the minute taker to record proceedings for the purpose of the minutes only.

2. Apologies

Nil

3. Members on Leave of absence

Nil

4. Noting of minutes

Minutes of the Metro Central JDAP meeting No.251 held on 14 August 2017, No.252 held on 16 August 2017 and No. 253 held on 21 August 2017 were noted by DAP members.

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of interests

Panel member, Cr Catherine Ehrhardt, declared an impartiality interest in item 8.1. In accordance with section 2.4.9 of the DAP Code of Conduct 2017, DAP Member, Cr Catherine Ehrhardt, declared that she participated in a prior Council meeting in relation to item 8.1. However, under section 2.1.2 of the DAP Code of Conduct 2017, Cr Ehrhardt acknowledged that she is not bound by any precious decision or resolution of the local government and undertakes to exercise independent judgment in relation to any DAP application before her, which will be considered on its planning merits. In accordance with section 4.6.1 and 4.6.2 of the DAP Standing Orders 2017, the Presiding Member determined that the member listed above, who had disclosed an impartiality interest, was permitted to participate in discussion and voting on the items.

7. Deputations and presentations 7.1 Mr Nik Hidding (Peter Webb & Associates) addressed the DAP for the

application at Item 8.1.



7.2 Mr Malcolm Mackay (Mackay Urban Design) addressed the DAP for the

application at Item. 8.1. Mr Malcolm Mackay answered questions from the panel.

7.3 Mr Paul Ghantous (Transcore) addressed the DAP for the application at Item

No. 8.1. Mr Paul Ghantous answered questions from the panel.

7.4 Mr Steven De Piazzi and Ms Helen Smith (City of Bayswater) answered questions from the panel.

8. Form 1 - Responsible Authority Reports – DAP Application

8.1 Property Location: Lot 1, 162 Russell Street, Morley Application Details: Convenience Store Applicant: Peter Webb & Associates Owner: Rita Scolaro Responsible authority: City of Bayswater DoP File No: DAP/17/01233

REPORT RECOMMENDATION Moved by: Cr Chris Cornish Seconded by: Cr Catherine Ehrhardt That the Metro Central JDAP resolves to: 1. Accept that the DAP Application reference DAP/17/01233 is appropriate for

consideration as a “Convenience Store” land use and compatible with the objectives of the zoning table in accordance with Clause 5.4.8 of the City of Bayswater Town Planning Scheme;

2. Approve DAP Application reference DAP/17/01233 and accompanying plans DA01-03 Rev B, DA04, DA05-09 Rev A, and S01-02 in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Bayswater Town Planning Scheme No. 23, subject to the following conditions:

Conditions 1. The development shall be carried out only in accordance with the terms of the

application as approved herein, and any approved plan.

2. 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 City's Town Planning Scheme No. 23 and associated policies:

a. The external frame fronting Russell Street and Broun Avenue shall be further articulated to improve its visibility and emphasis outlining an urban edge for the site.



b. The bin yard shall be reduced in depth by 1.5m to allow the adjoining

loading bay be relocated 1.5m to the south-east and increase vehicle manoeuvring space adjacent to the loading bay.

c. A minimum of two bicycle bays shall be provided at a location convenient to the entrances, within the approved development and not encroaching any future road widening. Details of the design and layout of the bicycle parking facilities shall be submitted to and approved by the City of Bayswater prior to the installation of such facility.

3. Directional sign (S3) indicated on plan 'DA02' is supported on a temporary basis on condition that:

a. the land owner agrees to remove the infrastructure at the time when the reserved land is required for the upgrading of Broun Avenue at their own expense if required;

b. the land owner agrees that any improvements made to or loss of amenity will not be taken into consideration in determining any land acquisition cost or compensation which may be payable by Council or the WAPC at such time as the land is required; and

c. when the sign is removed at a future date to accommodate road widening, it may only be relocated as indicated on plan 'DA03' and with a minimum 1.5m street setback from any new lot boundary to ensure compliant sight lines are maintained.

4. 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% ($23,000) of the estimated total construction cost of the development ($2.3 million). 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.

5. A geotechnical report covering the development area being prepared by a suitably qualified practitioner at the applicant’s cost, to the satisfaction of the City of Bayswater. The report is to be lodged with the building permit application, together with certification from a structural engineer that the design is suitable for the site conditions as outlined in the geotechnical report.

6. The applicant shall submit an acoustic report prepared by a suitably qualified acoustic engineer to ascertain the impact of the development has on the sensitive noise premises location on Broun Avenue, Morley, opposite the proposed development. The recommendations of the report are to be incorporated into the final design to the satisfaction of the City of Bayswater. The report is to be submitted to and approved by the City prior to the lodgement of a building permit application.

7. Detailed plans of a drainage system shall be submitted to and approved by the City of Bayswater prior to the submission of a building permit. The plans shall include the following:



a. All stormwater retained on site and directed to the spel puraceptor for

treatment.

b. A heavy duty spoon drain provided at the future road widening boundary adjoining Russell Street.

c. Adequate bunding / drainage system to prevent fuel and oil from discharging into the stormwater system.

The approved plans shall be implemented and thereafter maintained to the satisfaction of the City of Bayswater.

8. 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 refuse bin location, number of rubbish and recycling receptacles, vehicle access and manoeuvring.

9. A suitably screened refuse bulk bin area with a minimum area of 10m² 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. The bin area shall be accessible via a suitably constructed service road that will allow heavy vehicle movement.

10. A detailed landscape plan shall be submitted to and approved by the City of Bayswater, prior to the submission of a building permit application. The plan shall include the following:

a. The location and species of all trees and shrubs to be retained or removed.

b. The size and number of new plants to be planted.

c. Details of the proposed 'green wall' feature and vertical landscaping to the piers of the external frame fronting Russell Street and Broun Avenue, including establishment of the wall and any required ongoing maintenance to ensure survival.

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.

11. 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.

12. 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.

13. The proposal shall be referred to the Department of Mines and Petroleum for review prior to submission of a building permit, to the satisfaction of the City of Bayswater.



14. Prior to occupation of the development the central raised median located in

front of the Russell Street crossover shall be extended to join the existing islands to the satisfaction of the City of Bayswater, and all costs associated with these works are to be paid by the applicant/owner.

15. The car parking area(s) on the subject land shall be sealed, drained, paved and line marked in accordance with the approved plans prior to the first occupation of the development and maintained thereafter by the owner(s)/occupier(s) to the satisfaction of the City of Bayswater.

16. All vehicle crossings being upgraded, designed and constructed to the satisfaction of the City of Bayswater.

17. Management measures shall be implemented on site to ensure that the rear loading bay is not utilised at times when a fuel tanker is accessing the site, to the satisfaction of the City of Bayswater.

18. Walls, fences and other structures or vegetation shall be truncated or reduced to no higher than 0.75m within 1.5m of where a vehicular access point meets the road reserve.

19. The signage hereby permitted shall not contain any flashing, moving or pulsating lighting, nor contain lighting that is distracting to road users, or interferes with traffic signals, to the satisfaction of the City of Bayswater.

20. Any illuminated signs on site shall have a maximum luminance in accordance with the following:

a. daytime - 6,000cd/m²;

b. dawn/dusk - 600cd/m²; and

c. night - 300cd/m².

The City of Bayswater reserves the right to require illumination of signs to be reduced by up to half of the maximum values indicated above to address potential issues in the event of public annoyance, to the satisfaction of the City.

21. All advertising signs shall relate only to goods and services provided on site.

22. Windows, doors and adjacent areas fronting Russell Street and Broun Avenue shall maintain an active and interactive relationship with the street, to the satisfaction of the City of Bayswater.

23. All external fixtures, such as television antennas (of a non-standard type), radio and other antennas, satellite dishes, external hot water heaters, air conditioners, and the like, shall not be visible from the street, or designed integrally with the building and be located so as not to be visually obtrusive from the street.

24. No storage or display of goods is to occur outside the building, to the satisfaction of the City of Bayswater.



25. 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.

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

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

2. This approval is not a building permit or an approval under any law other 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. Kerbs, roadways, footpaths, open drains, stormwater pits, service authority pits and verge areas including any verge trees must be adequately protected, maintained and reinstated if required, during and as a result of carting and all works associated with this development.

4. This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as but not limited to an easement or restrictive covenant. It is the responsibility of the applicant/owner to investigate any such constraints before commencing development.

5. The noise generated from operational activities shall not to exceed the levels prescribed in under the Environmental Protection (Noise) Regulations 1997.

AMENDING MOTION Moved by: Cr Chris Cornish Seconded by: Cr Catherine Ehrhardt Amendment to remove Condition 2(a) and re-number the other parts to read as follows: 2. 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 City's Town Planning Scheme No. 23 and associated policies:

a. The bin yard shall be reduced in depth by 1.5m to allow the adjoining loading bay be relocated 1.5m to the south-east and increase vehicle manoeuvring space adjacent to the loading bay.

b. A minimum of two bicycle bays shall be provided at a location convenient to the entrances, within the approved development and not encroaching any future road widening. Details of the design and layout of the bicycle parking facilities shall be submitted to and approved by the City of Bayswater prior to the installation of such facility.



REASON: The panel determined that the condition was unnecessary as they held the view that the proposed frame fronting Russell Street and Broun Avenue was sufficient in its current form. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION Moved by: Cr Chris Cornish Seconded by: Mr Michael Hardy Amendment of condition 14 in the second line front of Russell Street cross-over shall be extended by approximately 23 metres to the satisfaction of the City of Bayswater. Taking out the words to join the existing islands and read as follows: 14. Prior to occupation of the development the central raised median located in

front of the Russell Street crossover shall be extended by approximately 23 metres to the satisfaction of the City of Bayswater, and all costs associated with these works are to be paid by the applicant/owner.

REASON: The panel felt that it was not appropriate to extent the requirement for a raised median beyond that which is required to ensure that the access to the site is limited to left in and left out and that the extend of the median strip may impact on other businesses in the locality. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION Moved by: Mr Michal Hardy Seconded by: Ms Sheryl Chaffer Amendment of condition 20 to remove the last paragraph so that it to read as follows: 20. Any illuminated signs on site shall have a maximum luminance in accordance

with the following:

a. daytime - 6,000cd/m²;



REASON: The panel in the majority believe that part of the condition relating to the potential to modify the illumination of signs, if potential issues arise from public annoyance is not legally enforceable and is inappropriate. The Amending Motion was put and CARRIED (4/1). For: Mr Charles Johnson Ms Sheryl Chaffer Mr Michael Hardy Cr Catherine Ehrhardt Against: Cr Chris Cornish



REPORT RECOMMENDATION (AS AMENDED) That the Metro Central JDAP resolves to: 1. Accept that the DAP Application reference DAP/17/01233 is appropriate for

consideration as a “Convenience Store” land use and compatible with the objectives of the zoning table in accordance with Clause 5.4.8 of the City of Bayswater Town Planning Scheme;

2. Approve DAP Application reference DAP/17/01233 and accompanying plans DA01-03 Rev B, DA04, DA05-09 Rev A, and S01-02 in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Bayswater Town Planning Scheme No. 23, subject to the following conditions:

Conditions 1. The development shall be carried out only in accordance with the terms of the

application as approved herein, and any approved plan.

2. 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 City's Town Planning Scheme No. 23 and associated policies:

a. The bin yard shall be reduced in depth by 1.5m to allow the adjoining loading bay be relocated 1.5m to the south-east and increase vehicle manoeuvring space adjacent to the loading bay.

b. A minimum of two bicycle bays shall be provided at a location convenient to the entrances, within the approved development and not encroaching any future road widening. Details of the design and layout of the bicycle parking facilities shall be submitted to and approved by the City of Bayswater prior to the installation of such facility.

3. Directional sign (S3) indicated on plan 'DA02' is supported on a temporary basis on condition that:

a. the land owner agrees to remove the infrastructure at the time when the reserved land is required for the upgrading of Broun Avenue at their own expense if required;

b. the land owner agrees that any improvements made to or loss of amenity will not be taken into consideration in determining any land acquisition cost or compensation which may be payable by Council or the WAPC at such time as the land is required; and

c. when the sign is removed at a future date to accommodate road widening, it may only be relocated as indicated on plan 'DA03' and with a minimum 1.5m street setback from any new lot boundary to ensure compliant sight lines are maintained.



4. 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% ($23,000) of the estimated total construction cost of the development ($2.3 million). 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.

5. A geotechnical report covering the development area being prepared by a suitably qualified practitioner at the applicant’s cost, to the satisfaction of the City of Bayswater. The report is to be lodged with the building permit application, together with certification from a structural engineer that the design is suitable for the site conditions as outlined in the geotechnical report.

6. The applicant shall submit an acoustic report prepared by a suitably qualified acoustic engineer to ascertain the impact of the development has on the sensitive noise premises location on Broun Avenue, Morley, opposite the proposed development. The recommendations of the report are to be incorporated into the final design to the satisfaction of the City of Bayswater. The report is to be submitted to and approved by the City prior to the lodgement of a building permit application.

7. Detailed plans of a drainage system shall be submitted to and approved by the City of Bayswater prior to the submission of a building permit. The plans shall include the following:

a. All stormwater retained on site and directed to the spel puraceptor for treatment.

b. A heavy duty spoon drain provided at the future road widening boundary adjoining Russell Street.

c. Adequate bunding / drainage system to prevent fuel and oil from discharging into the stormwater system.

The approved plans shall be implemented and thereafter maintained to the satisfaction of the City of Bayswater.

8. 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 refuse bin location, number of rubbish and recycling receptacles, vehicle access and manoeuvring.

9. A suitably screened refuse bulk bin area with a minimum area of 10m² 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. The bin area shall be accessible via a suitably constructed service road that will allow heavy vehicle movement.

10. A detailed landscape plan shall be submitted to and approved by the City of Bayswater, prior to the submission of a building permit application. The plan shall include the following:



a. The location and species of all trees and shrubs to be retained or

removed.

b. The size and number of new plants to be planted.

c. Details of the proposed 'green wall' feature and vertical landscaping to the piers of the external frame fronting Russell Street and Broun Avenue, including establishment of the wall and any required ongoing maintenance to ensure survival.

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.

11. 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.

12. 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.

13. The proposal shall be referred to the Department of Mines and Petroleum for review prior to submission of a building permit, to the satisfaction of the City of Bayswater.

14. Prior to occupation of the development the central raised median located in front of the Russell Street crossover shall be extended by approximately 23 metres to the satisfaction of the City of Bayswater, and all costs associated with these works are to be paid by the applicant/owner.

15. The car parking area(s) on the subject land shall be sealed, drained, paved and line marked in accordance with the approved plans prior to the first occupation of the development and maintained thereafter by the owner(s)/occupier(s) to the satisfaction of the City of Bayswater.

16. All vehicle crossings being upgraded, designed and constructed to the satisfaction of the City of Bayswater.

17. Management measures shall be implemented on site to ensure that the rear loading bay is not utilised at times when a fuel tanker is accessing the site, to the satisfaction of the City of Bayswater.

18. Walls, fences and other structures or vegetation shall be truncated or reduced to no higher than 0.75m within 1.5m of where a vehicular access point meets the road reserve.

19. The signage hereby permitted shall not contain any flashing, moving or pulsating lighting, nor contain lighting that is distracting to road users, or interferes with traffic signals, to the satisfaction of the City of Bayswater.



20. Any illuminated signs on site shall have a maximum luminance in accordance

with the following: a. daytime - 6,000cd/m²;



21. All advertising signs shall relate only to goods and services provided on site.

22. Windows, doors and adjacent areas fronting Russell Street and Broun Avenue shall maintain an active and interactive relationship with the street, to the satisfaction of the City of Bayswater.

23. All external fixtures, such as television antennas (of a non-standard type), radio and other antennas, satellite dishes, external hot water heaters, air conditioners, and the like, shall not be visible from the street, or designed integrally with the building and be located so as not to be visually obtrusive from the street.

24. No storage or display of goods is to occur outside the building, to the satisfaction of the City of Bayswater.

25. 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.

REASON: In accordance with details contained in the Responsible Authority Report and Amending Motion/s. The Report Recommendation (as amended) was put and CARRIED UNANIMOUSLY.

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 Close

The Presiding Member reminded the meeting that 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. There being no further business, the presiding member declared the meeting closed at 9.43 am.



Minutes of the Metro Central Joint Development Assessment Panel

Meeting Date and Time: 11 September 2017; 2:04pm Meeting Number: MCJDAP/255 Meeting Venue: City of South Perth Cnr Sandgate Street & South Terrace South Perth Attendance

DAP Members Mr Charles Johnson (Presiding Member) Ms Sheryl Chaffer (Deputy Presiding Member) Mr Michael Hardy (Specialist Member) Cr Colin Cala (Local Government Member, City of South Perth) – Item 8.1 Cr Glenn Cridland (Local Government Member, City of South Perth) – Item 8.1 Cr Keith Hayes (Local Government Member, Town of Victoria Park) – Item 8.2 & 10.1 Cr Vicki Potter (Local Government Member, Town of Victoria Park) – Item 8.2 & 10.1 Cr Gerry Pule (Local Government Member, Town of Bassendean) – Item 9.1 Cr Renee McLennan (Local Government Member, Town of Bassendean) – Item 9.1 Officers in attendance Mr Stevan Rodic (City of South Perth) – Item 8.1 Ms Vicki Lummer (City of South Perth) – Item 8.1 Mr Erik Dybdahl (City of South Perth) – Item 8.1 Mr Robert Cruickshank (Town of Victoria Park) – Item 8.2 & 10.1 Ms Rochelle Lavery (Town of Victoria Park) – Item 8.2 & 10.1 Mr Julio Gonzalez (Town of Victoria Park) – Item 8.2 & 10.1 Mr Dylan Stokes (Town of Bassendean) – Item 9.1 Local Government Minute Secretary Ms Narelle Cecchi (City of South Perth) Applicants and Submitters Mr Frank Moloney – Item 8.1 Mrs Sofia Carson – Item 8.1 Ms Belinda Moharich (Moharich & More) – Item 8.1 Mr Ross Underwood (Planning Solutions) – Item 8.1 Mr Aidan Gorjy (Yaran) – Item 8.1 Mr Faryar Gorjy (Yaran) – Item 8.1 Ms Alison Healey (TPG & Place Match) – Item 8.2 Mr Brad Quartermaine (T&Z Architects) – Item 8.2


Meeting No.255 11 September 2017 Mr Behnam Bordbar (Transcore) – Item 9.1 Mr Scott Vincent (Planning Solutions) – Item 9.1 Mr Andrew Peirce (Celsius Developments) – Item 10.1 Mr David Caddy (TPG & Place Match) – Item 10.1 Mr Tom Letherbarrow (Hillam Architects) – Item 10.1 Members of the Public / Media There were approximately 15 members of the public in attendance. 1. Declaration of Opening

The Presiding Member, Mr Charles Johnson declared the meeting open at 2:04pm on 11 September 2017 and acknowledged the past and present traditional owners and custodians of the land on which the meeting was held. The Presiding Member announced the meeting would be run in accordance with the DAP Standing Orders 2017 under the Planning and Development (Development Assessment Panels) Regulations 2011. The Presiding Member advised that the meeting is being audio recorded in accordance with Section 5.16 of the DAP Standing Orders 2017, No Recording of Meeting, which states - 'A person must not use any electronic, visual or audio recording device or instrument to record the proceedings of the DAP meeting unless the Presiding Member has given permission to do so.' The Presiding Member granted permission for the minute taker to record proceedings for the purpose of the minutes only.

2. Apologies

Nil

3. Members on Leave of Absence

Nil

4. Noting of Minutes

The Minutes of Metro Central JDAP Meeting No. 254 held on 8 September 2017 were not available at the time of the meeting.

5. Declarations of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of Interests

Panel member, Cr Gerry Pule and Cr Renee McLennan, declared an impartiality interest in item 9.1.



In accordance with section 2.4.9 of the DAP Code of Conduct 2017, DAP Member, Cr Gerry Pule and Cr Renee McLennan, declared that they participated in a prior Council meeting in relation to item 9.1. However, under section 2.1.2 of the DAP Code of Conduct 2017, Cr Pule and Cr McLennan acknowledged that they are not bound by any previous decision or resolution of the local government and undertakes to exercise independent judgment in relation to any DAP application before them, which will be considered on its planning merits.

In accordance with Section 4.6.1 and 4.6.2 of the DAP Standing Orders 2017,

the Presiding Member determined that the members listed above, who had disclosed an impartiality interest, were permitted to participate in discussion and voting on the items.

In accordance with section 2.4.10 of the DAP Code of Conduct 2017, DAP Member, Mr Charles Johnson, declared that he participated in a State Administrative Tribunal process in relation to the application at item 10.1. However, under section 2.1.3 of the DAP Code of Conduct 2017, Mr Johnson acknowledged that he3 is not bound by any confidential discussions that occurred as part of the mediation process and undertakes to exercise independent judgment in relation to any DAP applications before him, which will be considered on its planning merits.

PROCEDURAL MOTION Moved by: Ms Sheryl Chaffer Seconded by: Mr Michael Hardy That the application at Item 9.1 be heard prior to the application at Item 8.2. The Procedural Motion was put and CARRIED UNANIMOUSLY.

7. Deputations and Presentations

7.1 Mr Frank Moloney addressed the JDAP against the application for

Item 8.1. 7.2 Mrs Sofia Carson addressed the JDAP against the application for Item

8.1. 7.3 Mr Ross Underwood (Planning Solutions) addressed the JDAP in

support of the application for Item 8.1, and answered questions from the panel.

7.4 Ms Belinda Moharich (Moharich & More) addressed the JDAP in

support of the application for Item 8.1. 7.5 Ms Vicki Lummer, Mr Stevan Rodic and Mr Erik Dybdahl (City of

South Perth) answered questions for Item 8.1 from the panel.



The presentations at Item 7.1 – 7.5 were heard prior to the application at Item 8.1

7.6 Ms Alison Healey (TPG & Place Match) addressed the JDAP against

the application for Item 8.2 7.7 Mr Brad Quartermaine (T&Z Architects) addressed the JDAP in


7.8 Ms Rochelle Lavery (Town of Victoria Park) answered questions for

Items 8.2 from the panel. The presentations at Item 7.6 - 7.8 were heard prior to the

application at Item 8.2 7.9 Mr Behnam Bordbar (Transcore) addressed the JDAP in support of

the application for Item 9.1, and answered questions from the panel. 7.10 Mr Scott Vincent (Planning Solutions) addressed the JDAP in support

of the application for Item 9.1. 7.11 Mr Dylan Stokes (Town of Bassendean) answered questions for Item

9.1 from the panel. The presentations at Item 7.9 – 7.11 were heard prior to the

application at Item 9.1 7.12 Mr Andrew Peirce (Celsius Developments) addressed the JDAP in


7.13 Mr David Caddy (TPG & Place Match) addressed the JDAP in support

of the application for Item 10.1, and answered questions from the panel.

7.14 Mr Tom Letherbarrow (Hillam Architects) addressed the JDAP in

support of the application for Item 10.1. 7.15 Ms Rochelle Lavery (Town of Victoria Park) answered questions for

Items 10.1 from the panel. The presentations at Item 7.12 – 7.15 were heard prior to the

application at Item 10.1


Meeting No.255 11 September 2017 8. Form 1 – Responsible Authority Reports – DAP Applications

8.1 Property Location: Lot 413 (No. 47) Clydesdale Street, Como Application Details: 21 Multiple Dwellings within a 5 Level

Development Applicant: Aidan Gorjy (47 Clydesdale Pty Ltd) Owner: Ruben & Lois Lane Responsible Authority: City of South Perth DAP File No. DAP/17/01235

REPORT RECOMMENDATION Moved by: Ms Sheryl Chaffer Seconded by: Cr Colin Cala

That the Metro Central JDAP resolves to: Approve DAP Application reference DAP/17/01235 and accompanying plans - A001, A102, A106, A030 (dated 2 June 2017), A103, A104, A105 (dated 11 July 2017), A010, A012, A100 & A101 (dated 31 July 2017) and A200 & A201 (dated 10 August 2017) in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of Clause 7.9 of the City of South Perth Town Planning Scheme No. 6 subject to the following conditions: Conditions 1. The applicant is required to pay an amount of $55,000.00 to the City to

upgrade the seal and drainage of the right-of-way which services the rear of the development site.

2. Prior to the submission of a Building Permit, provision shall be made in the design of the floor and walls of the building for adequate protection against subsoil water seepage, and the applicant shall: (i) Provide the City with certification from a consulting engineer that

adequate water-proofing has been achieved; and (ii) Satisfy the City that the proposed levels are acceptable, having regard to

the 100 year flood levels applicable to the lot; As required by Clause 6.9(3) of Town Planning Scheme No. 6.

3. Prior to the submission of a Building Permit, A Construction Management Plan

shall be submitted and approved by the City. The management plan shall include but not limited to dilapidation survey report of adjoining buildings, protection of public & adjoining buildings and traffic management, noise & vibration from demolition and construction activities, dust from demolition & construction works, stormwater runoff, removal of hazardous materials, waste water and construction traffic. The approved plan shall be implemented, unless otherwise approved by the City.

4. In accordance with the requirements of clause 6.14 of Town Planning Scheme

No. 6, no person shall occupy or use the land or any building the subject of this


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