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Metro East Joint Development Assessment Panel Agenda

Meeting Date and Time: 15 June 2018; 11:00am Meeting Number: MEJDAP/164 Meeting Venue: City of Kalamunda

2 Railway Road Kalamunda

Attendance DAP

Members

Mr Paul Kotsoglo (Presiding Member) Mr Christopher Antill (A/Deputy Presiding Member) Mr Peter McNab (Specialist Member) Cr Tracy Destree (Local Government Member, City of Kalamunda) Cr Sara Lohmeyer (Local Government Member, City of Kalamunda)

Officers in attendance

Mr Ross Jutras-Minett (City of Kalamunda) Mr Andrew Fowler-Tutt (City of Kalamunda) Mr Doug Bartlett (City of Kalamunda) Mr Cameron Chisholm (City of Kalamunda) Ms Michelle Rogers (City of Kalamunda)

Minute Secretary

Ms Katelyn Roddy-Dixon (City of Kalamunda)

Applicants and Submitters

Item 8.1 Mr Richard Sugars Ms Ana Mairata Mr Gregory Disselkoen Mr Aidan Cosgrave Mr Mike Scott (Bushfire Prone Planning) Mr Terry Martin (Form Construction) Ms Shelley Shepherd (Urbaqua)

Item 8.2 Mr Neil Martin Mr John Brown Ms Marie Clarenc (Railaw Pty Ltd trading as Treetops Farm) Mr Deric Martin Mr Nik Hidding (Peter Webb & Associates) Mr Adrian Price (Ferhan Design Pty Ltd)

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Members of the Public / Media Mr Craig Garrett (Department of Fire and Emergency Services) Mr Steven Watson (Department of Water and Environmental Regulation) Ms Samantha Stokes (Department of Planning, Lands and Heritage)

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

Ms Stacey Towne (Deputy Presiding Member)

3. Members on Leave of Absence

DAP Member, Ms Stacey Towne has been granted leave of absence by the Director General for the period of 26 April 2018 to 26 June 2018 inclusive.

4. Noting of Minutes

Signed minutes of previous meetings are available on the DAP website.

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

In accordance with Section 2.4.6 of the DAP Code of Conduct 2017, DAP members have been invited to participate in a site visit for the application at Item 8.1 prior to the DAP Meeting.

7. Deputations and Presentations

7.1 Mr Richard Sugars presenting against the application at Item 8.1.

The presentation will address the proposed development effect of the neighbourhood amenity.

7.2 Ms Ana Mairata presenting against the application at Item 8.1.

The presentation will address community safety in the event of a bushfire. 7.3 Mr Gregory Disselkoen presenting against the application at Item 8.1.

The presentation will address the suitability and safety of Union Road. 7.4 Mr Aidan Cosgrave presenting against the application at Item 8.1.

The presentation will discuss the proposed solution relating to non-compliance with DFES’ Bushfire planning guidelines.

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7.5 Mr Mike Scott (Bushfire Prone Planning) presenting in support of the application at Item 8.1. The presentation will address the DFES correspondence dated 17 May 2018.

7.6 Mr Neil Martin presenting against the application at Item 8.2.

The presentation will address the impact on neighbouring properties and flatbed sewer system.

7.7 Mr John Brown presenting against the application at Item 8.2.

The presentation will address the technical design and associated risks of the septic system.

7.8 Ms Marie Clarenc (Railaw Pty Ltd trading as Treetops Farm) presenting

against the application at Item 8.2. The presentation will address the risks of proximity to the poultry farm and consequences to livelihood of owner/operator.

7.9 Mr Deric Martin presenting against the application at Item 8.2.

The presentation will address the perspectives and concerns by residents on issues relating to scale, aesthetics and loss of amenity.

7.10 Mr Nik Hidding (Peter Webb & Associates) presenting in support of the

application at Item 8.2. The presentation will provide some responses to the recommended conditions of approval.

The City of Kalamunda may be provided with the opportunity to respond to questions of the panel, as invited by the Presiding Member.

8. Form 1 – Responsible Authority Reports – DAP Applications

8.1 Property Location: Lot 42 (116) Union Road, Carmel Development Description: Construction of Fifteen Tourism Chalets, Micro

Distillery and Cafe Applicant: Mr Terry Martin Owner: Mr Terry Martin & Ms Jane Conder Responsible Authority: City of Kalamunda DAP File No: DAP/17/01259

8.2 Property Location: Lot 7 (24) Valencia Road, Carmel Development Description: Expansion of Valencia Nursing Home with

Additional Beds and Associated Facilities Mr Adrian Price (Ferhan Design Pty Ltd)

Applicant: Mr Adrian Price (Ferhan Design Pty Ltd) Owner: Mr Roshana Chularatne Neelagama Jalagge

(Burswoodcare Pty Ltd) Responsible Authority: City of Kalamunda DAP File No: DAP/17/01328

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

development approval

Nil

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10. Appeals to the State Administrative Tribunal

Current Applications

LG Name Property Location Application Description

City of Swan Lot 357 (227) Morrison Road, Midvale

Neighbourhood Centre (Shop, Consulting Rooms, Recreation – Private, Fast Food Outlet, Convenience Store)

City of Swan Lot 8336 (151) The Promenade, Ellenbrook

Convert Existing Masters Store to Retail Development Comprising of Showroom, Fast Food Outlet and Shop

City of Swan Lots 76 and 202 (398) Bushmead Road, Lot 4 (286) Stirling Crescent and Lot 800 (107) Lakes Road, Hazelmere

Industry Additions (Asphalt Plants)

City of Swan Lot 100 (3301) West Swan Road, Caversham

Proposed Roadhouse, Restaurant/Tavern and Tourist Facilities (short stay accommodation)

Shire of Serpentine Jarrahdale

Lots 30 (801) and 31 (803) South Western Highway, Byford

Service Centre and Associated Food and Beverage and Commercial Tenancies

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.

Form 1 - Responsible Authority Report (Regulation 12)

Property Location: Lot 42 (116) Union Road, Carmel

Development Description: Demolition of Existing Dwelling and Ancillary Structures, Construction of (Tourism Development) including Short Term Accommodation Micro-distillery (Brewery), Restaurant, Apiculture and Single Dwelling.

DAP Name: Metro East Joint Development Assessments Panel (JDAP)

Applicant: Terry Martin & Jane Conder Owner: Terry Martin & Jane Conder Value of Development: $3,000,000.00

LG Reference: UN-01/116 Responsible Authority: City of Kalamunda Authorising Officer: Peter Varelis Director Development

Services DAP File No: DAP/17/01259 Report Due Date: 5

th June 2018

Application Received Date: Revised Plans Received 18th April 2018

Application Process Days: 90 Days+

Attachment(s): 1. Applicant Report – July 2017.2. Commercial Ground and First Floor Plan.3. Detailed Site Analysis Plan.4. Detailed Site Layout Plan.5. Existing Improvements Plan.6. Site Entry Treatment Plan.7. Green House Plans.8. Chalet Floor Plan and Elevations9. Managers Residence and Elevations10. Community Refuge Plan11. Bushfire Management Plan.12. Bushfire Emergency Plan.13. Landscape Principles Plan.14. Detail Site Analysis Plan15. Traffic Impact Assessment Report.16. Department of Water and Environmental

Regulation referral response.17. Water Management Plan.18. Proposed Tree Removal19. Applicant response to DFES referral

responses.20. Acoustic Assessment Report21. Site Operation Report22. Distillation Process Report23. Beekeeper Certificate of Registration24. DFES Referral Responses25. Responses to DFES Tourism26. Submissions Table

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27. Road Safety Audit28. DPLH Referral29. Community Refuge Site Analysis Plan

Officer Recommendation:

That the Metro East Joint Development Assessment Panel (JDAP) resolves to:

1. Accept that the DAP Application reference DAP17/01259 is appropriate forconsideration as a “Tourism Development”, “Brewery” and “Apiculture’ landuses and compatible with the objectives of the zoning table in accordance withLocal Planning Scheme No.3 Clause 4.4.2 of the City of Kalamunda.

2. Approve DAP Application reference DAP/17/01259 and accompanying plansAttachments 2 – 10 in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 subject to the following conditions as follows:

Conditions

1. This decision constitutes planning approval only and is valid for a period of twoyears from the date of approval. If the subject development is not substantiallycommenced within the two-year period, the approval shall lapse and be of nofurther effect.

2. A Waste Management Plan, which details how rubbish and recycling bins areto be collected from the site is to be submitted and approved by the City.

3. Crossovers shall be designed and constructed to the specification andsatisfaction of the City.

4. The applicant shall provide the following regarding vehicle access and parking:

a) Vehicle access ways shall be suitably constructed, sealed and drainedto the specifications and satisfaction of the City.

b) Vehicle parking, maneuvering and circulation areas to be suitablydesigned and constructed to the specification and satisfaction of theCity.

c) Vehicle car parking for visitors and staff shall be solely contained withinthe site, with verge and street parking associated with the use of thesite not permitted.

5. Engineering drawings are to be submitted and approved by the City anddevelopment works undertaken in accordance with the approved plans.

6. The applicant is required to submit a revised access plan to the satisfaction ofthe City, demonstrating road safety environment upgrades includinginformation demonstrating the following:

a) Upgrades to the crossover and associated access into the subject site.b) Provisions to ensure adequate safety and sight distances are provided.

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c) Improvements required, including localised widening at the site, rightin/left out access only, and warning sign postage.

7. The applicant is required to submit a revised Water Management Plan (WMP)which is to be endorsed by DWER and implemented to the satisfaction of theCity. The revised WMP shall contain the following:

a) Confirmation that all access way and parking surfaces will beconstructed with flush kerb or no kerb. If raised kerbs are proposed, thisneeds to be indicated on the drawings and the design at the point ofdischarge needs to be provided.

b) Overland flow is accepted provided the sheet velocity does not exceed0.5 m/s at any location where stormwater discharges frominfrastructure.

c) Point discharge is not accepted unless suitable dispersion structuresare provided to convert the point discharge to overland flow. Designdetails are required for locations where this occurs.

d) A site plan showing overland flow is required, indicating the direction offlow from all constructed surfaces and the building structures (andconsequent soak wells or associated devices).

e) Drainage design detail is required for the driveway area, extending atleast 120m up the driveway from Union Road, demonstrating howstormwater will be managed coming from the road surface.

8. All septic sewer systems including all tanks, pipes and associated drainagesystems (soak wells or leach drains) are to be decommissioned, removed, filledwith clean sand and compacted. The applicant must provide a statutorydeclaration to the City stating that the site has been inspected and all effluentdisposal systems have been removed.

9. The applicant is required to engage an appropriately qualified acousticconsultant (such as a member of the Australian Acoustical Society or theAssociation of Australian Acoustical Consultants) to undertake a detailed noiseassessment in relation to the Environmental Protection (Noise) Regulations1997 to the satisfaction of the City prior to commencing the development.Where such an assessment finds the proposal fails to meet the legislative limitsthe proponent must submit a noise mitigation plan for approval of the City priorto commencing the development.

10. The development must be connected to a suitable on-site effluent disposalsystem to the satisfaction of the City and the State Government Department ofHealth.

11. Construction of retaining walls are to be designed and certified by anaccredited and qualified Structural Engineer and details of any retaining wallsshall be submitted to the City. A Building Application will be required forconstruction of retaining walls if retained height is more than 500mm.

12. An amended Bushfire Management Plan (BMP) and Emergency EvacuationPlan (EEP) be provided, addressing the requirements of State Planning Policy3.7 Planning for Bushfire Prone Areas and associated contingencies for non-compliance to Element 3, Vehicular Access, including but not limited to thedesign and construction of Community Bushfire Refuges being submitted to theCity and approved by the Department of Fire and Emergency Services (DFES)prior to the issue of a building licence or within 120 days of this approval.

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13. A detailed landscape plan is required to be submitted outlining current andproposed landscape design for approval as per the City requirements. It shouldinclude as a minimum:

i. Specie type(s) (botanical names).ii. Pot size(s).iii. Quantities.iv. The location of proposed landscaping, and if applicable, existing

landscaping being retained.v. Specie types are best planted in groups or masses of the same type.

Avoid isolated plantings and provide variety and interested throughcontrasting forms, textures and colours between the groups of plants.

vi. Measures being taken to ensure the identification and protection ofany vegetation on the site worthy of retention that is not impacted bydevelopment works, prior to commencement of development works.

vii. The applicant shall provide designated replacement trees of a similarspecies as those which are proposed to be removed as part of thedevelopment, the replacement trees shall be planted and thereaftermaintained to the satisfaction of the City.

Advice Notes

1. Having regard to conditions relating to amendments to the BushfireManagement Plan (BMP) and Emergency Evacuation Plan (EEP), theapplicant is required to provide revised details in the form of a modified BMPand EEP which addressed the following requirements of DFES:

a) The BMP should detail that the development does not comply withElement 3 Vehicular Access and the provision of multiplecontingencies is required.

b) DFES suggest that all references to NASH (National Association ofSteel Framed Housing) standard supporting the Designed Solution areremoved from the BMP as the claims of benefit from the use of theNASH Standard over AS3959 are unsubstantiated.

c) The proposed ‘bushfire refuge’ should be available to other users ofthe evacuation route to improve bushfire protection measures for thesurrounding area and to ensure that the community are notdisadvantaged by the development proceeding.

d) The BMP is to acknowledge that there may be additional congestionon the existing evacuation route during a bushfire event as a result ofthe development.

e) DFES acknowledge that the refuge will be used by day visitors andshort-term occupants and cannot be restricted from use by the localcommunity; therefore, the refuge will function as a community refugeduring a bushfire event and should be managed as such.

f) The BMP is to detail that a ‘Community Bushfire Refuge’ is beingproposed as a contingency for non-compliance with the BushfireProtection Criteria and that refuge will be available to the community.

g) The BMP needs to demonstrate compliance with the Design andConstruction of Community Bushfire Refuges (ACBC 2014).

2. The applicant is advised that the tenants shall submit floor plans andelevations of the restaurant, micro-distillery and food storage areas detailingall fixtures, fittings and finishes to the City’s Health Service so thatassessment may be made against the requirements of the Food Standards

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Code and advice can be provided before commencing construction or fit outs specification not detailed in this application. Such advice will aid in preventing expense and delays caused by the possible need to rectify structural non-compliances at the time of completion.

3. In reference to the Condition relating to septic sewer systems the City advisesthat pro-forma for this declaration is available from the City.

4. The applicant is advised that it is a requirement to apply for Registration of aFood Business accompanied with the appropriate registration fee, a minimumof two weeks prior to commencing operation.

5. Construction noise must comply with the requirements of the EnvironmentalProtection (Noise) Regulations (1997), Section 13 – Construction Sites.

6. The applicant is reminded of their obligations to comply with the “Landdevelopment sites and impacts on air quality: a guideline for the prevention ofdust and smoke pollution from land development sites in Western Australia”,prepared by the Department of Environment & Regulation.

7. The applicant is advised that a new effluent disposal system that complieswith the Health (Treatment of Sewage and Disposal of Effluent and LiquidWaste) Regulation 1974 must be installed.

8. The applicant is advised that regarding effluent disposal an “Application toConstruct or Install an Apparatus for the Treatment of Sewage” must besubmitted and approved before a building licence will be issued.

9. The applicant is advised that regarding the effluent disposal, the water closetsproposed shall open to an airlock with a floor area of at least 1.85m2complying with the Sewerage (Lighting, Ventilation and Construction)Regulations 1971.

10. The applicant is advised that regarding the effluent disposal the sanitaryconveniences shall be mechanically ventilated in accordance with theSewerage (Lighting, Ventilation and Construction) Regulations 1971 and theexhaust air flued to open air.

11. The applicant is advised that the storage and reuse of grey water will requirean application to the City for approval and comply with the Code of Practicefor the reuse of Grey water in Western Australia and the Health (Treatment ofSewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

12. The applicant is advised that the food premises must comply with the FoodAct 2008 and Food Standards Code. Further advice on these requirements isavailable from the City.

13. The applicant is advised of the requirement to submit floor plans andelevations of the kitchen and bar areas detailing all fixtures, fittings andfinishes to the City’s Health Service so that assessment may be made againstthe requirements of the Food Standards Code and advice can be providedbefore commencing construction. Such advice will aid in preventing expenseand delays caused by the possible need to rectify structural non-compliancesat the time of completion.

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14. The applicant is advised that in relation to trees and vegetation identified for

retention or removal, these are required to be identified and formally marked on a site plan submitted to the City for approval.

15. The applicant should consider the natural environment of the area including the protection of natural resources, the preservation of trees, vegetation and other flora and fauna, and the maintenance of ecological processes and genetic diversity, including the conservation of water.

16. The applicant is to be informed that the verge remains under management of the City with vegetation considered an asset of City and any works must not impact on this vegetation. Management of these assets must follow the street tree policies and management procedures. Removal of any vegetation is not allowed; native trees are protected by legislation as verges have the potential to serve important ecological functions in urban environments.

17. The applicant is advised that any proposed crossover is to be positioned so it

does not conflict with street trees. Any crossover is to be positioned a minimum of three meters away from existing trees, this distance is measured from the centre of the tree, to ensure the root system has sufficient room for growth.

18. The applicant is advised that in reference to tree protection, any trees

requiring protection from development works should be in accordance with AS 4970 2009 “Protection of trees on Development sites”.

19. No stormwater runoff is to enter neighbouring lots via overland flow from

subject lot.

20. Prior to obtaining approval from the City, no works relating to clearing of vegetation, trees and earthworks shall be carried out on site and adjacent areas.

21. The applicant is advised that all drainage is required to utilise and comply with

water sensitive urban design principles/guidelines.

22. The applicant is advised that having regard to conditions relating to stormwater, as a minimum, on-site stormwater detention systems for roof and paved areas are to achieve:

a. Stormwater from rainfall event of 1 in 1 year – 1-hour duration to be retain on site.

b. Stormwater from rainfall events up to 1 in 20 years to be detained with permissible discharge rate at 1 in 5 years predevelopment flow

c. Stormwater from rainfall events above 1 in 20 years up to 1 in 100 years to be detained with permissible discharge rate at 1 in 20 year’s predevelopment flow.

d. Discharge will need to be managed so there will be no point discharge coming off from the development.

23. The applicant is advised that having regard to conditions relating to stormwater, engineering drawings are to be in accordance with the Water Management Plan, Traffic Impact Assessment and Road Safety Audit reports.

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24. The applicant is advised that having regard to conditions relating to stormwater, the Stormwater Management Plan will need to be revised and address the following:

a. Provide comments on soil permeability based on the soil test for

stormwater management purposes (i.e. recommendation on on-site retention or on-site detention).

b. Provide comment on how to manage stormwater quality from the proposed development.

c. Provide comments on requirements of stormwater management specific to the proposed development. (As a minimum, Roof and paved areas will require runoff of 1 year – 1-hour event to be retained for stormwater quality management, above 1 in 1 year and up to 1 in 20 years to be detained with permissible discharge of 1 in 5 years predevelopment flow, above 1 in 20 years up to 1 in 100 years to be detained with permissible discharge of 1 in 20 years predevelopment flow. This is to minimise impact on the neighbouring property downstream of the site).

d. Outflow will also need to be managed to ensure no point discharge.

25. The applicant is advised that having regard to conditions relating to stormwater, the applicant is required to demonstrate on the plans rainwater tanks or basin/s locations with consideration of sub-catchments and clearance required to proposed wastewater irrigation areas.

26. The applicant must book a food premises inspection with the City prior to commencing operations. The premise must meet all requirements and pass the inspection without requiring any corrective actions before it will be allowed to trade.

27. The applicant is advised that sanitary facilities shall be mechanically ventilated in accordance with the Sewerage (Lighting, Ventilation and Construction) Regulations 1971 and the exhaust air flued to open air.

Details: Outline of Development Application

Zoning MRS: Rural

TPS: Rural Landscape Interest

Use Class: Restaurant Tourism Development – (Short term accommodation) – Use not Listed Micro distillery – (Brewery) Use not Listed Single Dwelling

Strategy Policy: Hills Rural Study

Development Scheme: Local Planning Scheme No.3

Lot Size: 9.059 ha

Existing Land Use: Rural Landscape Interest, Dwelling and Rural

The proposal involves the demolition of an existing dwelling and the construction of a Tourism Development which includes a Restaurant, Micro Distillery, Chalets, Apiculture (Bee Keeping) and a Single Dwelling for use as a Manager’s Residence. Details of the uses are outlined as follows:

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• The construction of 14 Chalets comprising one, two and three bedrooms accommodating a total of 40 people which are located towards the centre of the subject site and within three separate clusters. The proposed hours of operation will be 24-hour daily access, seven days per week including public holidays. The applicant has stated that to avoid nuisance to other guests, other accommodation clusters and neighbours, use of the common recreational spaces will always be limited to 9pm.

• The application includes the designation of an Apiculture (Beehive) rural land use to support the distillery operation. It is described as a small scale intensive agricultural use aimed to harvest regionally endemic Jarrah and Marri honeys to be used in the creation of a ‘region specific Gin product’. It is described as integral to the operation of the specific product being produced to support patronage to the Distillery and that other than caring, keeping and harvesting from 15 proposed hives, no intensive activity will be required as part of this activity.

• The construction of a micro-distillery (brewery) represents the primary enterprise activity of this proposal occupying approximately 128m2 of floor space plus 22.3m2 of mezzanine floor space being a total of 150.3m2. The product being small batch Gin distilled on the premises utilising local native botanicals and on-site harvested honey. It includes the following:

o Small batch operational licensed still, this being visible to the public it will not be publically accessible at times other than educational tours and demonstrations.

o The operation includes the storage, manual bottle filling, delivery and dispatch area that is off limits to the public. It includes a botanic display. Storage shelving are for both production and education purposes.

o Licensed servery and sales counter for indoor tastings and cellar door sales of bottled and sealed Gin.

o Licenced indoor tasting and demonstration areas including a mezzanine level for private group tastings and education.

o Licensed outdoor seating area. o Hours of operation are 10am-5pm Wednesday to Sunday and

inclusive of public holidays.

• The establishment of small scale botanicals greenhouse occupying 80.64m2 of floor space, supporting the distillery production. This is located towards the Union Road frontage of the site and is described as ‘domestic scale’ and forms part of an architectural feature in the theme of buildings associated with the proposed enterprise.

• The construction of a restaurant (246m2) and outdoor seating area (89m2) kitchen and associated amenities catering for a maximum of 50 people. The proposed hours of operation are 8am- 5pm Wednesday to Sunday inclusive and including public holidays.

• The construction of 75 car parking bays, including 13 overflow parking bays, signage and landscaping works.

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• The construction of a new dwelling to serve as a Managers Residence occupying 135m2 of floor space for the owners / operators of the land uses proposed to be undertaken on site (refer Attachment 25).

• The applicant has provided details regarding landscaping and associated design principles (refer Attachment 18) which includes the following:

o The site contains on-site Marri and Jarrah, some exotic species, a mature Oak tree which is proposed to be retained and will be a feature to the driveway into the site. Several mature fruit trees will also remain.

o Eight trees will be removed and the tree annotation revision plan in Attachment 18 outlines the number of remnant trees on site, species, trunk size and canopy size, these are cross-referenced with the Site Analysis Revision C plan which shows the location of each tree.

o It is stated that the removal of advanced trees is proposed and limited to that affected by proposed footprints of the buildings and only minimal branch pruning is required to reduce continuation of the canopy.

o Most of the site is existing grassland. o The applicant has stated that they wish to retain trees where possible

on site, that where they are retained that they are prepared to ensure that they are bunted and protected during any works. Where new planting is proposed that the plants are non-combustible or fire-retardant species and where possible will use hardy locally endemic species with low water demand.

In support of the application the applicant has prepared the following technical reports:

• Bushfire Management Plan and Bushfire Emergency Plan.

• Acoustic Assessment Report.

• Water Management Plan.

• Landscape Principles Plan.

• Road Safety Audit

• Traffic Management Plan Background: An application was originally submitted with the City on the 7th of February 2017 which incorporated the following land uses:

• Tourism Development (Short Stay Accommodation / Chalets).

• Restaurant.

• Managers Residence as a Multiple Dwelling.

• Micro Distillery (Brewery).

• Reception Centre. The application was not initially lodged as a JDAP application and therefore sought the determination of the City. The application was advertised to the local community and referred to external agencies such as the Department of Fire and Emergency Services (DFES) and the Department of Water (DWER). In accordance with the City’s Public Notification of Planning Proposals P-DEV 45 the application was advertised to the local community with considerable response being received. The

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applicant withdrew the application and re-submitted a revised and modified proposal to the JDAP. The current application was lodged on the 17th July 2017 which excluded the ‘Reception Centre’ land use component and modified the manager’s residence from being a multiple dwelling above the proposed restaurant to a standalone manager’s single dwelling. The site is currently a rural lifestyle property with existing residence and no agricultural land uses being undertaken on the property. The subject site is in a rural landscape interest area in the suburb of Carmel. It is located on a large lot which is greater than 9 hectares in area, adjacent to several existing smaller rural land holdings, as well as within proximity to existing agri-tourism related operations. The following businesses are located within 500m of the subject site:

• Cosham Winery, 101 Union Road, Carmel. A recent approval DA16/0060 was granted by the City for a restaurant with a capacity of 50 seats.

• Faulks House, 84 Union Road Carmel. An approval was granted DA 24/7180-1 on the 3rd February 2005 for a Bed and Breakfast operation within an existing dwelling.

• Myattsfield Winery, 60 Carmel Road East, Corner of Union Road Carmel. An approval was granted by the City DA24/5334-2 for the Winery, tasting room and cellar door sales (Rural Agriculture zoning) on the 19th September 2005.

• Lazy Acre, Bed and Breakfast, 146 Union Road, Carmel. An approval was granted by the City on the 18th March 2016 for a self-catering bed and breakfast operation.

The subject site is located within a precinct which has seen diversification of land use and incorporation of agri-tourism related activities, capturing the natural landscape characteristics and locational advantages of the local area. This section of Union Road is characterised by a mixture of lot sizes including, a conglomeration of 10 lots directly adjacent and to the north of the subject site which are characteristically smaller in land area than the surrounding rural agriculture and rural landscape interest lots. These properties range between 4018sqm (146 Union Road) to 10581sqm (130 Union Road). The subject site is located at the beginning of a bend in Union Road to a traditional sealed rural road with soft shoulders and drainage gullies on either side. It is noted that on-street parking would not be suitable or easily achieved along this stretch of Union Road. It is also noted that this section of Union Road does form a no-through-road servicing approximately 22 properties including the subject site from the intersection of Carmel Road east to the cul-de-sac end. The length of Union Road, from the intersection of Carmel Road East is approximately 1.2km. The subject site is situated at the highest point on the edge of a valley. The site slopes downwards from south to north, with smaller neighbouring lots being located downhill from the proposed development. The highest contour at the entrance to the site is approximately 215m (AHD) with the Enterprise Activity Area and Chalets being located at approximately 245-260m (AHD) representing a 45m fall from the

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enterprise activity area to Union Road entrance. The existing site is predominantly grasslands with large Marri and Jarrah trees as well as exotic tree species found within the site with some clusters of natural vegetation located towards the southern portions of the site. Legislation & Policy: Legislation Planning and Development Act 2005 Planning and Development (Local Planning Schemes) Regulations 2015 City of Kalamunda Local Planning Scheme No.3 State Government Policy State Planning Policy 3.7 – Planning in Bushfire Prone Areas SPP 2.7 Public Drinking Water Source State Planning Policy 2.5 Rural Planning Local Planning Policies Local Planning Policy P-DEV 45 – Public Notification of Planning Proposals Local Planning Policy P-DEV 20 – Outbuildings and Sea Containers Local Planning Policy P- DEV 47 - Effluent Disposal from Agri-Tourism Development in the Middle Helena Catchment Area. Other Relevant Documents City of Kalamunda Hills Rural Study 2014 DWER Water Quality Protection Note No. 25: Land use compatibility in Public Drinking Water Source Areas Middle Helena Catchment Area Land Use and Water Management Strategy 2010 DWER Water Quality Protection Note 22 – Irrigation with nutrient rich wastewater DWER Water Quality Protection Note 70 – Wastewater treatment and disposal – Domestic Systems DWER Water Quality Protection Note 73 – Wineries and Distilleries DWER Water Quality Protection Note 79 – Rural Restaurants, Cafes and Taverns near sensitive water resources DWER Water Quality Protection Note 88 – Rural Tourist Accommodation WAPC Planning Bulletin 83/2013 Planning for Tourism Local Planning Scheme No.3 The subject site is zoned Rural Landscape Interest in accordance with Local Planning Scheme No.3. (the Scheme). Clause 5.10 of the Scheme defines the zone in the following manner: ‘This zone seeks to provide for a diverse range of rural land uses in a manner which will not adversely affect the landscape and environmental qualities of the land. Land uses, activities and land management practices are to be consistent with the nature resource conservation and compatible with public water supply objectives.’

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Clause 5.10.2 of the Scheme outlines the requirements for land use and development. The following sub clauses are relevant to this proposal: Clause 5.10.2 (iii) applies whereby: The clearing of natural vegetation will be permitted only in accordance with Clause 5.18 ‘Tree and Vegetation Preservation’ of the Scheme.’ Clause 5.10.2 (v) applies whereby: ‘Local government shall have regard for Clause 2.1, 2.2, 2.3 and 2.4 of the Scheme relating to Planning Policies of the Scheme when considering any application for development within this zone’ Clause 5.10.2 (vi) applies whereby: ‘The minimum setback for structures of buildings from lot boundaries in this zone shall be as per Table 2, unless otherwise approved by local government.’ The proposed land uses forming part of this application are listed as follows:

• Restaurant: This is defined in the Scheme as “premises where the predominant use is the sale and consumption of food and drinks on the premises and where seating is provided for patron and the tern shall include a licensed restaurant.”

• Tourist Development: This is defined in the Scheme as “a building or group of buildings forming a complex, other than a bed and breakfast, a caravan park or holiday accommodation, use to provide –

a) Short term accommodation for guests; and b) Onsite facilities for the use of the guests; and c) Facilities for the management of the development.”

The above land uses form part of Schedule 1 of the Scheme. Land use definitions however are not listed in the use class table of the Scheme. Tourist Development incorporates the chalet development as well as the manager’s residence.

• Brewery. This is defined in the Planning and Development (Local Planning Scheme) Regulations 2015, model provisions (Schedule 1 Part 6 cl.38) ‘ ‘means premises the subject of a producer’s licence authorising the production of beer, cider or spirits granted under the Liquor Control Act 1988’.

Brewery is not a land use defined by the Scheme nor is it listed in the use class table of the Scheme. It is therefore considered to be a “use not listed’ in accordance with Clause 4.4.2 of the Scheme.

• Apiculture (Bee Keeping) is not a land use defined by the Scheme nor is it listed in the use class table of the Scheme. The land use does not fit within the defined land uses of the Scheme nor does it clearly fit within any of the land uses defined in the model provisions. It is therefore considered to be a “use not listed’ in accordance with Clause4.4.2 of the Scheme.

State Government Policies SPP 3.7 Planning for Bushfire Prone Areas The subject site falls within a designated Bushfire Prone Area (BPA). The proposed land uses are designated as vulnerable land uses. As such a referral to the

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Department of Fire and Emergency Services (DFES) was required and their comments are contained within the external referral section of this report. SPP 2.7 Public Drinking Water Source (WAPC, June 2003) and Middle Helena Catchment Area Land use and Water Management Strategy (WAPC, 2010) The proposed development is situated within the Middle Helena Catchment Area in an area managed for Priority 2 (P2) resource protection. Whilst restaurants and wineries are generally considered incompatible in P2 areas (DoW, Water Quality Protection Note No. 25 – Land use compatibility in Public Drinking Water Source Areas, 2016), an exception has been made for restaurants and wineries in the Middle Helena Catchment in acknowledgement of the City's general desire to promote tourism in the area (WAPC, 2010). The Middle Helena Land Use and Water Management Strategy (MHLUWMS) (WAPC, 2010) permits these land uses where it can be demonstrated that there is no increased risk to drinking water resources through the implementation of best practice environmental management measures, particularly with respect to the on-site effluent disposal system, use of grease traps and appropriate stormwater management. The accompanying Water Management Report provides an assessment of the potential impacts of on-site wastewater disposal. The report outlines the following:

• The wastewater treatment system proposed for the development includes several Department of Health-approved Aerobic Treatment Units (ATU). Consistent with DWER requirements, a grease trap will be used to collect waste oils for separate disposal via off-site removal, and a bunded area will be provided for storage of distillery products. Stormwater will be managed on site through installation of vegetated swale drains around the chalets and car parks.

• The results of the soil testing and post-development water and nutrient balance assessment demonstrate that there will be virtually no nutrient load exported from the site. This is a result of the very low application rates of fertiliser combined with very highly nutrient retentive soils that are present on the site which remove practically all the nutrient load moving via groundwater recharge prior to its discharge to groundwater.

• The wastewater treatment systems will be located adjacent to the proposed chalet clusters with adequate setbacks from paved surfaces and buildings as defined in the Government sewerage policy and AS/NZS 1547:2012.

• Minimum land application areas for disposal of effluent from each of the four ATU sites have been calculated based on the expected hydraulic load and soil permeability, totalling 6,861sqm. This is substantially less than the nearly 12,000sqm which has been identified by the proponent as grass and gardens, providing amenity for the development.

• Given the lack of surface water features on site, the very high nutrient retention ability of soils across the site, in combination with the proposed use of high performance ‘phosphate removing’ ATU systems for wastewater treatment and on-site stormwater management with vegetated overland systems, contamination risk to the groundwater, nearby waterways and/or to the Priority 2 Public Drinking Water Source Area from the proposed development is negligible.

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• It is noted that DWER’s Water Quality Protection Note No. 25: Land use compatibility in Public Drinking Water Source Areas (DoW, 2016) lists distilleries as being incompatible in P2 areas. However, as stated in WQPN No. 25, an incompatible land use may be considered compatible under special circumstances, whereby it is directly associated with a primary land use that is compatible with conditions or acceptable within the applicable priority area (DoW, 2016).

• A bee farm (apiculture) has a current licence from the Department of Agriculture (See Attachment 23 Beekeeper Certificate of registration) at the site from which honey will be harvested and honey products are being made using endemic native plants (Jarrah and Marri). This land use activity has been issued with a licence from both the City and Department of Primary Industries and Regional Development. The hives on site produced 20 litres of honey during the last Marri flowering season. The honey produced on site will also be used to produce the site-specific gin product distilled on site, as described in the Development Planning Statement (Ampersand, 2017). Apiaries (bee farms) are defined as an acceptable land use in P2 drinking water source areas (DoW, 2016). Given the necessity of the distillery to use locally sourced honey to produce its unique products and create a distinctive business enterprise, the proposed apiary is the primary land use at the site. Therefore, the distillery itself meets the requirements to be considered compatible under Special circumstances as per WQPN no. 25 (DoW, 2016).

State Planning Policy 2.5 Rural Planning 2016 Clause 5.5 Regional variation, economic opportunities and regional development states the following: ‘The WAPC’s decisions will be guided by the need to provide economic opportunities for rural communities and to protect the State’s primary production and natural resource assets.’

c) Support small scale tourism opportunities, such as bed and breakfast, holiday house, chalet, art gallery, micro-brewery and land uses associated with primary production within the rural zone.’

WAPC Planning Bulletin 83/2013 Planning for Tourism The bulletin sets out the policy position of the WAPC to guide decision making by the WAPC and local government for subdivision, development and scheme amendment proposals for tourism purposes, recognising local and regional variations in tourism demand and development pressures and their impacts on the viability of tourism development in assessing and determining tourism proposals. The WAPC provide general location criteria to determine the tourism value of the site including the following:

Location Criteria Requirement Compliance

Accessibility The site has adequate existing or proposed transport links such as

The subject site is located along a rural road which forms a cul-

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major road or airport access.

de-sac. The site has adequate access to road frontage and road network and has been assessed by the City’s traffic engineers as compliant.

Uniqueness The site contains or is near an attraction or prominent and or unique landmark of local, regional or state significance.

The subject site is located at the top of a hill looking across a valley. This can be considered of local or regional significance.

Setting The setting of the site has an aspect and outlook that supports recreational tourism activities and or the creation of tourism character and ambience (e.g. immediately adjacent to a beach).

The subject site is in a place of character with ambience.

Tourism Activities and amenities

The site provides, has easy access to, or is capable of development of supporting activities and amenities such as tours, fishing, historic sites, walks, trails, environmental interpretation, cafes, restaurants, shops and the like.

The site is located within a precinct which contains existing tourism-based land uses such as restaurants, short stay accommodation and wineries. This development has the potential to support ancillary tourism land uses both on site and elsewhere within proximity.

Supply of Land The site has an element of scarcity in that it may be the only opportunities or one of a limited number of opportunities, to achieve a significant tourism development in an area.

Site Specific criteria to determine the tourism value of the site.

The site is a large land holding of over 9ha and is adjacent to much smaller rural land holding and therefore not characteristic of the prevailing lot size. The site overlooks a valley.

Suitability in a land use context

The site is in a land use context that will not limit the extent of activities available to guests due to amenity impacts on adjoining uses potentially detract from the tourism character of the

The site is in a land use context where it is adjacent to other rural land uses as well as tourism land uses such a restaurants, wineries and bed and breakfast

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site (e.g. located within a residential area).

operations. The land uses proposed such as restaurant, chalets and micro distillery will not compromise the extent of activities available to guests, however, the subject site will be subject to conditions requiring the operation to comply with requirements for noise attenuation, particularly at night, given the site is at the top of a hill adjacent to a valley.

Capability The site has the capacity to be developed for tourism purposes and accommodate the associated service in a manner that does not detract from the natural attributes of the site or result in environmental degradation: Examples include: clearing for bushfire protection, sewerage capacity, water supply and rubbish disposal.

The applicant has demonstrated in their proposal that they can comply with the requirements of the Scheme in terms of adequate setbacks, provision of parking, as well as providing essential services, managing effluent disposal and protection of the natural water source area. Conditions will be recommended to ensure waste and storm water are controlled and managed.

Size The size of the site should be adequate to accommodate a sustainable tourism facility with respect to design, operation and function, and its site specific and wider impacts and consideration of future growth / expansion. This will require a site to be able to be developed without compromising the sustainable use of natural and cultural resources or existing social structures. Development of the site should also contribute to

Given that the site is greater than 9ha and the scale of buildings and uses proposed, it is assessed that the site is of a sufficient size to cater for the land use and building sizes proposed. It is considered that the development will contribute to the delivery of balanced tourism opportunities, adding to the mix of tourism uniqueness and contributing to the

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