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Metro North-West Joint Development Assessment Panel Agenda

Meeting Date and Time: Wednesday 18 December 2013; 3.30pm Meeting Number: MNWJDAP/44 Meeting Venue: Department of Planning

140 William Street Perth L2.40 Attendance

DAP Members Ms Karen Hyde (Presiding Member) Mr Paul Drechsler (Deputy Presiding Member) Mr Luigi D’Alessandro (Specialist Member) Mayor Tracey Roberts (Local Government Member, City of Wanneroo) Cr Frank Cvitan (Local Government Member, City of Wanneroo) Officers in attendance Ms Cathrine Temple (City of Wanneroo) Department of Planning Minute Secretary Ms Fiona Sze (Development Assessment Panels) Applicant and Submitters Ms Charmian Barton (Norton Rose Fulbright) Mr Nathan Mercer (McDonalds) Mr Jonathan Riley (Riley Consulting) Mr Simon Wilkes (Urbis) Members of the Public Nil 1. Declaration of Opening

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

2. Apologies

Mr Fred Zuideveld (Specialist Member)

3. Members on Leave of Absence

Nil

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4. Noting of Minutes

The Minutes of the Metro North-West JDAP Meeting No.43 held on 12 December 2013 were not available at time of Agenda preparation.

5. Disclosure of Interests

Nil

6. 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.

7. Deputations and Presentations

7.1 Mr Nathan Mercer (McDonald’s Australia Ltd) and Mr Jonathan Riley (Riley

Consulting) presenting for the application at Item 8.1. The presentation will provide some additional background information on revised plans arising from proceedings before the State Administrative Tribunal.

8. Form 1 - Responsible Authority Reports – DAP Application

8.1 Property Location: Lot 394 (2) Peony Boulevard, Yanchep Application Details: Drive-Through Food Outlet Applicant: McDonald's Australia Pty Ltd c/o Urbis Owner: Yanchep Beach Estates Pty Ltd Responsible authority: City of Wanneroo Report date: 12 December 2013 DoP File No: DP/13/00439

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

development approval

Nil

10. Appeals to the State Administrative Tribunal Nil

11. Meeting Closure

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State Administrative Tribunal Reconsideration

Responsible Authority Report (Regulation 12)

Property Location: Lot 394 (2) Peony Boulevard, YANCHEP Application Details: Drive-Through Food Outlet DAP Name: Metropolitan North-West Joint Development

Assessment Panel Applicant: McDonald's Australia Pty Ltd c/o Urbis Owner: Yanchep Beach Estates Pty Ltd LG Reference: DA2013/665 Responsible Authority: City of Wanneroo Authorising Officer: Len Kosova

Director, Planning and Sustainability Department of Planning File No: DP/13/00439 Report Date: 12 December 2013 Application Receipt Date: 7 August 2013 Application Process Days: N/A Attachment(s): Attachment 1

Development Application Plans 1a. Location Plan (DA01 dated 9/12/2013) 1b. Site Plan (DA02 dated 2/12/2013) 1c. Floor Plan (DA03 dated 7/10/2013) 1d. Delivery Truck Path (DA07 dated 2/12/2013) 1e. Crossover Plan (DA09 dated 9/12/2013) 1f. Remote Signage Plan (S01 dated 9/12/2013) 1g. Signage Site Plan (S02 dated 3/12/2013) 1h. Signage Details (S05 dated 3/12/2013)

Recommendation: That the Metro North West Joint Development Assessment Panel, pursuant to section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR 329 of 2013, resolves to reconsider its decision dated 19 August 2013 and accompanying amended plans (Attachment 1) in accordance with the provisions of the City of Wanneroo District Planning Scheme No. 2 and vary DAP Application reference DP/13/00439 by:

1. amending conditions 5, 8 and 14 to state as follows:

5. A dual use path shall be constructed in the location depicted on

drawing DA07 to the specification of the City of Wanneroo prior to the occupation of the development.

8. The pylon sign (S1 on drawing S05) is only permitted to remain at a height of 7 metres for a period of five years from the date of this approval, after which time the height shall be reduced to a maximum height of 6 metres unless otherwise approved in writing.

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14. Payment of a one off monetary contribution of $5,000 shall be made to

the City of Wanneroo prior to occupation of the development as a contribution towards the future cost of a signalised intersection at Marmion Avenue/Peony Boulevard.

2. deleting condition 4 from the approval and re-numbering the remaining

conditions accordingly; and

3. inserting the following conditions and re-numbering the remaining conditions accordingly:

2. The development shall be in accordance with drawings DA04, DA05,

DA06, DA08, and S06 (all dated 22/3/2013) and the Landscape Concept Design dated 20/3/2013, approved by the Metro North West Joint Development Panel on 19 August 2013 and revised drawings DA03 (dated 7/10/2013), DA02 (dated 2/12/2013) and DA01, DA07, DA09, S01 (all dated 9/12/2013), S02 and S05 (dated 3/12/2013);

15. The existing side entry pit located within the proposed access

driveway shall be relocated or converted into a trafficable gully at the proponent's expense prior to the occupation of the development to the specification and satisfaction of the City of Wanneroo; and

16. Modifications to the central median strip depicted in drawing DA09 shall be undertaken at the proponent's expense prior to the occupation of the development to the specification and satisfaction of the City of Wanneroo.

Advice notes 1. All other conditions, requirements and advice on the existing approval shall

remain unless altered by this application.

2. In relation to condition 8 above, in the event the proponent seeks to retain the pylon sign height at 7.0 metres after the five year approval timeframe has expired, an application to amend this condition pursuant to Regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011 will be required.

Background: Insert Property Address: Lot 394 (2) Peony Boulevard, Yanchep Insert Zoning MRS : Urban DPS 2 : Urban Development

ASP 40: Commercial Insert Use Class: Drive-Through Food Outlet Insert Strategy Policy: N/A Insert Development Scheme: District Planning Scheme No. 2 Insert Lot Size: 43,676m2

Insert Existing Land Use: Vacant Land Value of Development: $3.15 million

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The purpose of this report is to reconsider the proposal in the context of the revised plans submitted by the proponent in response to the State Administrative Tribunal (SAT) mediation proceedings. On 19 August 2013, the North-West Metropolitan Joint Development Assessment Panel (JDAP) conditionally approved application DP/13/00439 for a Drive-Through Food Outlet at Lot 394 (2) Peony Boulevard, Yanchep. The proponent was aggrieved by four conditions of approval, and sought a review pursuant to Part 14 of the Planning and Development Act 2005. The four conditions which are the subject of this review are: 4. The proponent shall provide a Road Safety Audit and SIDRA analysis based

on ultimate traffic figures and Marmion Avenue/Peony Boulevard intersection layout, within 60 days of the date of this decision, to support the location and configuration of the proposed access driveway. Any works required as a result of the outcome of the SIDRA analysis and road safety audit to be implemented at the proponents expense.

5. A dual use path shall be designed and constructed to provide access to the

Drive-Through Food Outlet to the specification of the City prior to the commencement of development.

8. The pylon sign (S1 on drawing S05) shall be amended, as shown in red ink

on the attached plan S05, to a maximum of 6 metres in height and 2.5 metres in width across the face of the sign.

14. Payment of a one off monetary contribution of $30,000 shall be made to the

City as a contribution towards the future cost of a signalised intersection at Marmion Avenue/Peony Boulevard.

A Directions Hearing scheduled for 4 October 2013 was vacated and referred to mediation on 8 November 2013. Further mediation sessions were held on 26 November and 9 December 2013. Following the mediation session held on 26 November 2013, the SAT issued Orders dated 27 November 2013 inviting the JDAP to reconsider its decision of 19 August 2013 on or before 20 December 2013, pursuant to Section 31 (1) of the State Administrative Tribunal Act 2004. A further mediation session was held on 9 December 2013 to provide an opportunity for discussion ahead of the JDAP's reconsideration of this matter. The SAT has adjourned proceedings to a Directions Hearing on 17 January 2014, should the proponent be dissatisfied with the outcome of the JDAP's reconsideration. Details: outline of development application The proponent has submitted amended plans for consideration following negotiations during the mediation process. The amended plans to the approved Drive-Through Food Outlet address the City's concerns in relation to the location of the proposed access driveway, pedestrian access and height of the pylon sign by:

• relocating the proposed access driveway approximately seven metres to the east;

• providing a dual use path connection from the south-east corner of Marmion Avenue/Peony Boulevard to the Drive-Through Food Outlet; and

• proposing a pylon sign height of 7.0 metres and width of 1.52 metres.

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In addition, the proponent proposes to modify the internal layout of the Drive-Through Food Outlet and seeks to include the revised plan as part of this Section 31 State Administrative Tribunal Act 2004 reconsideration. The changes to the internal layout include:

• enclosing the terrace area so access can only be achieved from inside the Drive-Through Food Outlet;

• providing an internal door for access between the restaurant floor and terrace area; and

• reducing the number of internal restaurant seats to 60 (previously 66). Legislation & policy: Legislation Planning and Development Act 2005 State Administrative Tribunal Act 2004 City of Wanneroo District Planning Scheme No. 2 Lot 1 & Lot 102 Yanchep Beach Road, Yanchep Agreed Structure Plan No. 40 State Government Policies Nil Local Policies Signs Local Planning Policy Consultation: Public Consultation The City previously advertised the Drive-Through Food Outlet proposal during its initial consideration of the application (DA2013/665). The amendments are proposed as a result of the SAT mediation process and do not affect the proposed use or location of the development, therefore no further consultation has occurred. Planning assessment: An assessment of the proposed amendments has been undertaken against the provisions of the City's District Planning Scheme No. 2, Lot 1 & Lot 102 Yanchep Beach Road Agreed Structure Plan No 40 and the City of Wanneroo Signs Local Planning Policy (SLPP). The proposed amendments, with the exception of the pylon sign height, comply with the provisions of these documents. The proponent is still seeking a variation to the provisions of the City's SLPP with respect to the height of the pylon sign. For clarity, the revised plans and/or amendments made in respect of each condition being considered as part of this review are discussed under the heading for each condition below. Condition 4

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Condition 4 was imposed to address the City's concerns relating to the location of the proposed access driveway in the context of its ability to operate safely and proximity to the ultimate Marmion Avenue/Peony Boulevard intersection. Development of the proposed access driveway will result in a full movement intersection between the shopping centre, Drive-Through Food Outlet and Peony Boulevard. Therefore, the location and configuration of the intersection is important to ensure it can function safely at the ultimate development stage for the Yanchep South District Centre. Following review of a SIDRA analysis provided by the proponent for the Peony Boulevard/shopping centre access/proposed Drive-Through Food Outlet access, and a SIDRA analysis undertaken in 2010 for the Marmion Avenue/Peony Boulevard intersection, it was agreed by the applicant and the City that relocating the access driveway to the east would address concerns regarding the proximity of the access driveway to the main intersection and the ability for the four way intersection on Peony Boulevard to operate safely. The proponent has submitted amended plans (DA01, DA09) which relocate the proposed access driveway approximately seven metres to the east. This revised location is considered acceptable and the City's Traffic Engineers have advised they no longer require a Road Safety Audit and new SIDRA analysis for the Marmion Avenue/Peony Boulevard intersection to support the location of the access driveway. Therefore, condition 4 can be deleted from the approval. The relocation of the access driveway will require an existing side entry pit on Peony Boulevard to be relocated or modified to a trafficable gully. A condition has been recommended to require these works to be undertaken to the specification and satisfaction of the City. Condition 5 – Dual Use Path The amended plans (DA01) propose a dual use path to link with the existing dual use path network, from the south-eastern corner of the Marmion Avenue/Peony Boulevard intersection to the Drive-Through Food Outlet. The primary reason for this path is to ensure there is an adequate pedestrian connection to cater for pedestrian traffic from the western side of Marmion Avenue. The proposed dual use path does not extend to connect with the proposed access driveway for the Drive-Through Food Outlet. This is to address concerns that a footpath extending to the access driveway would encourage pedestrians to cross the road at the intersection between the shopping centre access driveway and the Drive-Through Food Outlet crossover. Crossing the road through this intersection is considered unsafe and should be discouraged. The proposed dual use path arrangement is more appropriate as it is considered less likely that pedestrians will cross the intersection if there is no path and they are required to walk through garden beds to reach the Drive-Through Food Outlet. It is recommended that condition 5 be updated to include reference to the revised plan submitted by the applicant depicting the dual use path. Condition 8 – Pylon Sign

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Amended plans (S02, S05) have been provided proposing a pylon sign at 7 metres in height, and 1.52 metres in width. The City's Signs Local Planning Policy (SLPP) states the following in relation to pylon signs:

• pylon signs shall not exceed 6.0 metres in height; and • individual pylons signs will not be supported for individual tenancies where

multiple units exist or are proposed to exist on a lot. The pylon sign/s shall be designed to provide one infill panel for each unit on the lot and may be increased in height to 8 metres.

The proponent seeks a one metre height variation due to the verge width of Marmion Avenue. The current verge width between the Marmion Avenue pavement and the subject lot is approximately 25 metres. Marmion Avenue is planned to be a four lane dual carriageway and when constructed to this ultimate design, the verge width would decrease significantly. The time frame for this ultimate design standard is unknown, however, is considered unlikely to occur within the next five years. Therefore, it is considered reasonable to support a one metre height variation for the pylon sign until such time that the verge width on Marmion Avenue is reduced to address the proponent's concerns regarding the visibility of the sign due to the large verge width. It is proposed to limit the approval for the 7.0 metre sign for five years, after which time the pylon sign will be required to be reduced to a height of 6.0 metres in accordance with SLPP unless otherwise approved. If Marmion Avenue has not been developed to its ultimate design within 5 years and the verge width remains the same, the proponent could apply for an additional period to retain the 7.0 metre sign. The proponent has indicated they are satisfied with this arrangement. Condition 14 – Contribution The proponent sought to have condition 14 deleted in its entirety from the approval dated 19 August 2013 as part of their application for review. Condition 14 related to a contribution amount payable to the City of Wanneroo towards the signalisation of the Marmion Avenue/Peony Boulevard intersection. The Drive-Through Food Outlet will generate additional traffic at this intersection which would not ordinarily have been generated if not for the existence of the Drive-Through Food Outlet. Therefore, the City still maintains that there is an obligation for the proponent to contribute towards the cost of signalisation of this intersection, however, is prepared to accept a lower contribution acknowledging that the proponent has submitted amended plans proposing a dual use path connection and relocation of the access driveway to address concerns relating to safety. The proponent has agreed to provide a $5,000 contribution towards the signalisation of Marmion Avenue/Peony Boulevard. It is recommended that condition 14 be amended to reflect the revised contribution amount. Internal restaurant layout revisions The amended plans (DA03) propose to enclose the terrace area so access can only be obtained from inside the Drive-Through Food Outlet. An additional internal door is proposed to provide this access. The proposed amendments do not affect the

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external elevations of the building. These amendments are considered minor in nature and are supported. A condition has been recommended to require the development to be in accordance with the relevant plans approved by the 19 August 2013 approval, and the revised plans submitted as part of the SAT mediation process. Conclusion: Overall, the outcomes through the SAT mediation process have resulted in amended plans being submitted which address the issues of concern to the City. Further, the City and the proponent have been able to negotiate an alternative contribution towards the signalisation of Peony Boulevard. It is therefore recommended that the JDAP approve the recommendation to modify its approval of 19 August 2013.