metro outer joint development assessment panel …...meeting no. 4 15 may 2020 mr ian birch...

Meeting No. 4 15 May 2020

Mr Ian Birch Presiding Member, Metro Outer JDAP

Metro Outer Joint Development Assessment Panel

Minutes Meeting Date and Time: Friday, 15 May 2020; 1.30pm Meeting Number: MOJDAP/4 Meeting Venue: Via electronic means

This DAP meeting was conducted by electronic means open to the public rather than requiring attendance in person

1 Table of Contents

1. Opening of Meeting, Welcome and Acknowledgement ........................................ 2

2. Apologies .......................................................................................................................... 3

3. Members on Leave of Absence ................................................................................... 3

4. Noting of Minutes ............................................................................................................ 3

5. Declaration of Due Consideration ............................................................................... 3

7. Deputations and Presentations ................................................................................... 3

8. Form 1 – Responsible Authority Reports – DAP Applications ........................... 4

8.1 Lot 50 (170) Sultana Road West, High Wycombe .............................................. 4

9. Form 2 – Responsible Authority Reports – DAP Amendment or Cancellation

of Approval ...................................................................................................................... 14

Nil ....................................................................................................................................... 14

10. State Administrative Tribunal Applications and Supreme Court Appeals ..... 14

11. General Business .......................................................................................................... 14

12. Meeting Closure ............................................................................................................. 14



Attendance

DAP Members Mr Ian Birch (Presiding Member) Mr Sheryl Chaffer (Deputy Presiding Member) Mr John Taylor (A/Third Specialist Member) Cr Dylan O’Connor (Local Government Member, City of Kalamunda) Cr Margaret Thomas (Local Government Member, City of Kalamunda) Officers in attendance Ms Ivana Lazarus (City of Kalamunda) Ms Heidi Herget (City of Kalamunda) Mr Doug Bartlett (City of Kalamunda) Mr Peter Varelis (City of Kalamunda) Mr Andrew Fowler-Tutt (City of Kalamunda) Minute Secretary Mr Phil Goodwin (DAP Secretariat) Ms Ashlee Kelly (DAP Secretariat) Applicants and Submitters Mr Wayne Dufty (DnA Architects) Mr Sitaram Bhamidipati (ISKCON) Mr Muralidhara Thundikundyil (ISKCON) Mr Anthony Rowe (Emerge Associates) Members of the Public / Media There were 3 members of the public in attendance.

1. Opening of Meeting, Welcome and Acknowledgement

The Presiding Member declared the meeting open at 1.32pm on 15 May 2020 and acknowledged the traditional owners and pay respect to Elders past and present of the land on which the meeting was being 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. 1.1 Announcements by Presiding Member

The Presiding Member advised that in accordance with Section 5.16 of the DAP Standing Orders 2017 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 meeting would not be recorded.



In response to the COVID-19 situation, this meeting was convened via electronic means. Members were reminded to announce their name and title prior to speaking.

2. Apologies

Mr Jason Hick (Third Specialist Member)

3. Members on Leave of Absence Nil

4. Noting of Minutes

DAP members noted that signed minutes of previous meetings are available on the DAP website.

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of Interests

DAP Member, Mr Jason Hick, declared a Pecuniary Interest in item 8.1. Mr Hick is a director of Emerge Environmental Services Pty Ltd, who have undertaken supporting bushfire consulting services and prepared supporting documentation for the application. In accordance with section 6.2 and 6.3 of the DAP Standing Orders 2017, the Presiding Member determined that the member listed above, who had disclosed an Pecuniary Interest interest, was not permitted to participate in the discussion and voting on the item.

7. Deputations and Presentations 7.1 Mr Wayne Dufty (DnA Architects) addressed the DAP in support of the

recommendation for the application at Item 8.1 and responded to questions from the panel.

7.2 Mr Muralidhara Thundikundyil and Mr Sitaram Bhamidipati (ISKCON)

addressed the DAP in support of the recommendation for the application at Item 8.1 and responded to questions from the panel.

7.3 The City of Kalamunda officers responded to questions from the panel.

https://www.dplh.wa.gov.au/about/development-assessment-panels/daps-agendas-and-minutes



8. Form 1 – Responsible Authority Reports – DAP Applications

8.1 Lot 50 (170) Sultana Road West, High Wycombe

Development Description: Place of Worship, Community Purpose building and Incidental Uses (Accommodation building, community store, yoga café)

Applicant: DnA Architects c/o ISKCON Perth Owner: Haladhar Holdings Pty Ltd Responsible Authority: City of Kalamunda DAP File No: DAP/19/01690

REPORT RECOMMENDATION Moved by: Cr Margaret Thomas Seconded by: Mr John Taylor With the agreement of the mover and seconder the following amendments were made to the report recommendation; (i) That Condition 16 be amended to read as follows:

Prior to occupation of the development, all carparking areas must meet the following requirements:

i. Provide a minimum of 133 car parking spaces, 109 which are designed, constructed, sealed, kerbed, drained and marked in accordance with Australian Standard AS2890 and the balance of which can be informal overflow bays.

ii. Provide car parking spaces dedicated to people with disabilities, which are designed, constructed, sealed kerbed, drained and marked in accordance with Australian Standard AS2890.0.

iii. All car parking dimensions, manoeuvring areas, crossovers and driveways shall comply with Australian Standard AS2890.1 (as amended).

iv. Loading bays, car parking bays and manoeuvring areas are to be constructed, sealed, kerbed, drained, clearly marked and maintained in accordance with AS2890.1 (as amended).

REASON: To correct an error in the wording in the Responsible Authority Report and provide clarity in the plans. That the Metro Outer Joint Development Assessment Panel (JDAP) resolves to: 1. Accept the DAP Application reference DAP/19/01690 as detailed in the DAP Form 1

dated 1 November 2019 is appropriate for consideration in accordance with regulation 16 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DAP/19/01690 as detailed in the DAP Form 1 dated 1 November 2019 and accompanying plans and documents listed below:

Plan No. Document Title Rev. Date Prepared by

SD155 Emergency Access Way Location Plan

A 23/03/2020 DNA Architects



SD150 Site Plan M 13/03/20 DNA Architects

SD200 Ground Floor Plan L 25/10/2019 DNA Architects

SD201 Upper Floor Plan J 25/10/2019 DNA Architects

SD300 Elevations 1 G 13/04/2020 DNA Architects

SD301 Elevations 2 F 13/04/2020 DNA Architects

SD202 Elevations 3 F 13/04/2020 DNA Architects

SD 202 Ancillary Buildings Schematic Design

B 28/10/2019 DNA Architects

Transport Impact Assessment E 02/12/2019 Cardno

Environmental Acoustic Assessment 1 13/11/2019 Herring Storer Acoustics

Bushfire Management Plan D March 2020 Emerge Associates

in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the City of Kalamunda Local Planning Scheme No. 3 (LPS3), subject to the following conditions:

Conditions

1. The landowner/applicant submitting amended plan(s)/drawing(s) and document(s), to the

City of Kalamunda for approval within 90 days, for the following to the satisfaction of the City of Kalamunda:

Plan No. Document Title Rev. Date Prepared by

SD160 Landscape Plan D 24/10/2019 DNA Architects

Bushfire Evacuation Plan C March 2020 Emerge Associates

Incorporating the following amendments: i. The Bushfire Emergency Evacuation Plan shall remove all reference to an alternate

collection point on Roe Highway. ii. The Landscape Intent Plan SD160D shall be amended in accordance and those items

listed below: a. Prepared in accordance with all the requirements listed within Appendix 2 of

City of Kalamunda LPP27 (i.e. pot sizes of plants at the time of planting, reticulation plan).

b. All trees are to be provided with a mixture of ‘small trees’ and ‘medium trees’ (at a minimum) pursuant to the requirements and specifications outlined in Clause 4.12 of State Planning Policy 7.3.

c. The additional planting of five (5) trees, totaling a replanting of 38 trees within the ‘Vastu Square’ and forward of the main building alignment.

d. All proposed vegetation to achieve low threat vegetation in accordance with Section 2.2.3.2 of AS 3959.

e. Include ongoing management details in accordance with those stipulated in Part 2.2 of the approved Bushfire Management Plan.

f. Any proposed rose bushes and lemon trees shall be contained in separate garden beds with planter walls to separate the soil from native trees.

Once approved, the amended plan(s)/drawing(s) and recommendations made by the document(s) are to be implemented prior to the occupation of the development and



maintained for the duration of the development to the satisfaction of the City of Kalamunda.

2. Prior to applying for a Building Permit, the landowner/applicant is to submit, and have approved by the City of Kalamunda, details of an appropriate on-site effluent disposal system.

3. Prior to applying for a Building Permit, the landowner/applicant is to submit, and have approved by the City of Kalamunda a Front Fencing Plan. The plan is to comply with City of Kalamunda Local Planning Policy 13 (Street Fencing, Walls and Gates) and detail the following: i. Visually permeable and unobtrusive. ii. Details on the colour(s) and materials. iii. Height(s). Once approved, the Front Fence is to be constructed in accordance with the approved plan and maintained for the duration of the development to the satisfaction of the City of Kalamunda.

4. Prior to applying for a Building Permit, the landowner/applicant is to submit, and have approved by the City of Kalamunda on the advice of the Design Advisory Committee, detailed information relating to external finishes and colour schemes. Prior to the occupation of the development, the approved external finishes and colour schemes are to be implemented to the satisfaction of the City of Kalamunda and maintained for the duration of the development.

5. Prior to applying for a Building Permit, a Waste Management Plan must be prepared by the landowner/applicant and approved by the City of Kalamunda. The Waste Management Plan must include the following detail to the satisfaction of the City of Kalamunda:

i. The location of the bin storage areas and bin collection areas (all storage areas shall be screened from Sultana Road West).

ii. The number, volume and type of bins, and the type of waste to be placed in the bins. iii. Management of the bins and the bin storage areas, including cleaning rotation and

moving bins to and from the bin collection areas. iv. Frequency of bin collections.

Once approved, the Waste Management Plan is to be implemented prior to the occupation of the development, with management practices complied with for the duration of the development to the satisfaction of the City of Kalamunda.

6. Prior to applying for a building permit, a Noise Management Plan demonstrating compliance with the Environmental Protection (Noise) Regulations 1997 and State Planning Policy 5.4 (Road and Rail Noise) must be prepared by the landowner/applicant and approved by the City of Kalamunda. The Noise Management Plan is to be prepared by an appropriately qualified acoustic consultant (such as a member of the Australian Acoustical Society or the Association of Australian Acoustical Consultants). Once approved, the Noise Management Plan is to be implemented prior to the occupation of the development, with management practices complied with for the duration of the development to the satisfaction of the City of Kalamunda.



7. Prior to applying for a building permit, a Construction Management Plan must be prepared by the landowner/applicant and approved by the City of Kalamunda. The Construction Management Plan must include the following detail:

i. Hours of construction. ii. Protection of infrastructure and street trees within the road reserve. iii. Protection of trees for the duration of works. iv. Dilapidation report of adjoining properties. v. How materials and equipment will be delivered and removed from the site. vi. How materials and equipment will be stored on the site. vii. Parking arrangements for contractors. viii. Construction Waste disposal strategy and location of waste disposal bins. ix. Construction workers parking. x. Details of cranes, large trucks or similar equipment which may block public

thoroughfares during construction. xi. How dust, noise, erosion, lighting and environmental hazards and will be managed

during the stages of construction. xii. Other matters likely to impact on surrounding property owners. Once approved, the Construction Management Plan is to be implemented for the duration of works to the satisfaction of the City of Kalamunda.

8. Prior to applying for a Building Permit, a notification, pursuant to Section 70A of the Transfer of Land Act 1893, is to be placed on the certificate of title, advising of the existence of a hazard or other factors. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows: “This land is within a bushfire prone area as designated by an Order made by the Fire and Emergency Services Commissioner and is subject to a Bushfire Management Plan and Emergency Evacuation Plan. Additional planning and building requirements may apply to development on this land.”

9. Prior to applying for a Building Permit, a notification, pursuant to Section 70A of the Transfer of Land Act 1893 is to be placed on the certificate(s) of title of the proposed lot(s). The notification is to state as follows: “This lot is situated in the vicinity of a transport corridor and is currently affected, or may in the future be affected by transport noise”

10. Prior to applying for a Building Permit, the landowner is to: i. Pay the City a cost contribution based on the Final contribution Rate if determined (all

infrastructure and Administration Costs under DCP 1 in the City’s LPS 3, having been paid or ascertained with certainty); or if the Final Contribution Rate has not been determined.

ii. Pay to the City an Interim Cost Contribution based on the latest Interim Contribution Rate and in the event the owner is to enter into an agreement with the City, prepared by solicitors appointed by the City, which agreement shall include provision for charge over the whole or part of the subject land or other security acceptable to the City, secured by a caveat, for the purposes of achieving a) above once the Final Contribution Rate has been determined. Such agreement will recognise that the Final Contribution Rate may result in either a further payment to the City or a credit to the



owner depending on the difference between the Interim Rate payed and the Final Contribution Rate determined.

11. Prior to applying for a Building Permit, the applicant/landowner is to engage a suitably

qualified arborist to provide certification, inclusive of recommendations, to ensure trees marked for retention on the approved Landscape Intent Plan and trees within the Sultana Road West road reserve are protected in accordance with AS 4970-2009 for the duration of development works. Once approved, recommendations made by the arborist during their assessment, are to be incorporated into the Construction Management Plan.

12. Prior to applying for a Building Permit, all existing septic sewer systems including all tanks, pipes and associated drainage systems (soak wells or leach drains) are to be decommissioned, removed, filled with clean sand and compacted. The applicant must provide a statutory declaration to the City of Kalamunda stating that the site has been inspected and all effluent disposal systems have been removed.

13. Prior to occupation of the development, the landowner/applicant contributing towards public art, pursuant to City of Kalamunda Local Planning Policy 26.

14. Prior to the occupation of the development, the facility must be connected to a suitable on-site effluent disposal system to the satisfaction of the City of Kalamunda and the Western Australian Department of Health.

15. Prior to the occupation of the development, the facility must be connected to scheme water.

16. Prior to occupation of the development, all carparking areas must meet the following requirements: i. Provide a minimum of 133 car parking spaces, 109 which are designed, constructed,

sealed, kerbed, drained and marked in accordance with Australian Standard AS2890 and the balance of which can be informal overflow bays.

ii. Provide car parking spaces dedicated to people with disabilities, which are designed, constructed, sealed kerbed, drained and marked in accordance with Australian Standard AS2890.0.

iii. All car parking dimensions, manoeuvring areas, crossovers and driveways shall comply with Australian Standard AS2890.1 (as amended).

iv. Loading bays, car parking bays and manoeuvring areas are to be constructed, sealed, kerbed, drained, clearly marked and maintained in accordance with AS2890.1 (as amended).

The car park must be maintained with the above requirements for the duration of the development to the satisfaction of the City of Kalamunda.

17. Prior to occupation of the development, redundant vehicle crossover(s) are to be removed and the kerbing, verge and footpath (where relevant) reinstated with grass or landscaping to the satisfaction of the City of Kalamunda.

18. Prior to occupation of the development, all refuse areas are to be appropriately screened from view from all property boundaries. The bin store being constructed of similar and/or sympathetic colours to the approved building and maintained for the duration of the development to the satisfaction of the City of Kalamunda.



19. Prior to the occupation of the development, an Emergency Access Way in accordance with the approved Emergency Access Way Plan and the approved Bushfire Management Plan is to be constructed and maintained to provide unencumbered access in accordance with State Planning Policy 3.7 – Planning in Bushfire Prone Areas and the Guidelines for Planning in Bushfire Prone Areas.

20. Prior to occupation of the development, the landowner/applicant is to submit to the City of Kalamunda a certification prepared by a Level 3 accredited bushfire practitioner confirming the following requirements of the Bushfire Management Plan have been met: i. All access routes are clear of obstacles, to provide safe and effective egress in the

event of a bushfire. ii. The Emergency Access Way has been constructed in accordance with the standards

and requirements outlined in the Guidelines for Planning in Bushfire Prone Areas. iii. All planted vegetation is low threat vegetation as defined by Section 2.2.3.2 of AS

3959. iv. All buildings have been provided with appropriate onsite firefighting equipment (i.e.

fire extinguishers and fire hose reels) that will be available for emergency personnel.

21. Prior to the occupation of the development, certification from an acoustic consultant is to be submitted to the City of Kalamunda confirming compliance with State Planning Policy 5.4 and the recommendations of the approved Acoustic Management Plan.

22. Prior to occupation of the development, the landowner/occupier shall locate and screen the following components of the development so that they are not visible from any road to which the site has frontage (including Roe Highway), adjoining properties or otherwise on display from any public vantage point:

i. Refuse storage areas. ii. Service equipment. iii. Mechanical ventilation. iv. Refrigeration units. v. Storage areas for machinery, materials or the like.

23. Prior to occupation of the development, bicycle facilities shall be provided in accordance

with Australian Standard AS 2890.3 to the satisfaction of the City of Kalamunda. The facilities shall thereafter be retained for the duration of the development.

24. A minimum of 30 days before the occupation of development for any ‘religious festivals’, an Events Management Plan must be prepared by the landowner/applicant and approved by the City of Kalamunda. The Events Management Plan must include the following detail: i. Overflow toilet facilities. ii. Car parking management (car parking on site only accommodates for 250 persons). iii. Traffic management. iv. Notification process to surrounding landowners and occupiers. v. Other matters likely to impact on surrounding property owners. Once approved, the Events Management Plan is to be implemented for all ‘religious festivals’, with management practices complied with for the duration of the development to the satisfaction of the City of Kalamunda.

25. Landscaped areas shall be planted and reticulated by the landowner/applicant in the first available planting season after the initial occupation of the development and maintained thereafter, to the satisfaction of the City of Kalamunda. Any species which fail to establish within the first two planting seasons following implementation shall be replaced at the landowner’s cost to the satisfaction of the City of Kalamunda.



26. For the duration of development, all activities associated with the Place of Worship and

Community Purpose land uses (including loading and unloading activities) are only permitted as follows:

DATE TIME MAX. NO. OF PATRONS

MONDAY – SATURDAY 7:00am to 11:00am 30

4:00pm to 8:00pm 30

SUNDAY’S 7:00am to 11:00am 250

4:30pm to 8:00pm 250

RELIGIOUS FESTIVALS, restricted to the following:

• Nityananda Trayodasi

• Gaura Purnima

• Narasimha Chaturdashi

• Janmashtami

• Diwali

4:00pm to 8:00pm 350

AT ALL OTHER TIMES 17

27. For the duration of development, ‘religious festivals’ are only permitted subject to full compliance with the approved ‘Events Management Plan’ for the following occasions:

i. Nityananda Trayodasi ii. Gaura Purnima iii. Narasimha Chaturdashi iv. Janmashtami v. Diwali

28. For the duration of the development, external lighting shall be installed and maintained

within the site boundary for all car parking areas, outdoor activity areas, and along all on-site pedestrian pathways. The design and construction of the external lighting must:

i. Meet minimum requirements of Australian Standard AS/NZS 1158.3.1:2005. ii. Be installed prior to the occupation of development and maintained for the duration

of development. iii. Lighting within car parking areas having a greater height than the pedestrian area

lighting, and be focused downwards. iv. Lighting shall not cause nuisance to adjoining residents or the travelling public and

shall comply at all times with the requirements stipulated under the Australian Standard 4282-1997 (Control of the obtrusive effects of outdoor lighting).

29. For the duration of the development, compliance with WAPC State Planning Policy 5.4 Road and Rail Noise is to be demonstrated through the implementation of the report titled Proposed Krishna Temple and Community Centre Lot 50 (170) Sultana Road West, High Wycombe, Revision 1, date 13/01/2020 prepared by Herring Storer Acoustics.

30. For the duration of development, all areas between Sultana Road West and the Temple shall not be used for storage purposes, for loading or unloading vehicles, or for the parking of haulage or service vehicles.



31. For the duration of development, all stormwater drainage from roofed and paved areas

being disposed of to the specification outlined in the approved Stormwater Management Concept Plan and satisfaction of the City of Kalamunda.

32. For the duration of development, the incidental uses of café, community store, kitchen/dining area, caretakers accommodation and short term accommodation, shall be restricted to use by the users of the Place of Worship and Community Purpose and must not be made available for public use.

33. For the duration of development, landowner/applicant shall ensure compliance with the approved Emergency Evacuation Plan. This includes, but is not limited to the following:

i. A up to date copy of the Emergency Evacuation Plan being made available at all times within all buildings and to all on-site supervising personnel/caretakers.

ii. A copy of the Emergency Evacuation Plan Notice (Appendix F of the approved Bushfire Management Plan) being displayed throughout the site in visible locations throughout all buildings.

iii. Signage and signposting (where appropriate) to provide users with wayfinding during times of emergency.

iv. All on-site firefighting equipment being maintained annually (as a minimum) in accordance with equipment specifications and the relevant standards, including (but not limited to) Australian Standard 1831 – 2005 Maintenance of Fire Protection Equipment (Standards Australian 2012).

v. The subject site being maintained in low threat state (AS3959-2009, Clause 2.2.3.2(e) and 2.2.3.2(f) and flammable objects should not be placed in proximity to any buildings that may increase their risk of ignition.

vi. The subject site being inspected annually, prior to the bushfire season (1 October each year), to ensure compliance with the seasonal checklist as at Appendix G of the approved Bushfire Management Plan.

vii. The establishment of an Emergency Planning Committee, comprised of the Emergency Response Team and board of members and in accordance with the requirements outlined in Part 4 of the approved Bushfire Management Plan.

34. For the duration of the development, all vegetation on site is to be maintained to a low threat standard, in accordance with Section 2.2.3.2 of AS 3959. Management should include (but is not limited to):

i. Clearing / modification of vegetation. ii. Regular removal of weeds and built up dead material (such as fallen branches, leaf

litter etc.). iii. Low pruning of trees (i.e. removal of branches less than 2 metres in height). iv. Application/re-application of ground/surface cover such as mulch or non-flammable

materials as required. v. Where grass is present, this should be regularly cut so that grass is maintained at

or below 100mm in height.

35. No development (including fencing, letter boxes or any other structures) or landscaping over 0.75 metres in height is to be located within the 1.5 metre x 1.5 metre sightline truncation where both vehicle access point meet the Sultana Road West road reserve to the satisfaction of the City of Kalamunda.



Advice Notes

A. A Building Permit is required prior to the commencement of works.

B. The submitted Building Permit application plans are to be consistent with the plans that

form part of the relevant planning approval, to the satisfaction of the City of Kalamunda.

C. The landowner/applicant is advised that the subject site is located within an Environmentally Sensitive Area as designated by the Department of Water and Environmental Regulation under section 51B the Environmental Protection Act 1986 (EP Act) (as amended). In accordance with the Clearing of Native Vegetation Regulations, no clearing of vegetation to facilitate the development can proceed unless authorized by an appropriate permit, irrespective of any development approvals received. Application forms are available from https://www.der.wa.gov.au/our-work/clearing-permits/46-clearing-permit-application-forms.

D. Attention is drawn to the requirements for access to buildings for people with disabilities in accordance with the Building Code of Australia and AS1428.1. Detailed drawings are to be submitted with the Building Permit application identifying means of access from carparking areas to the entrance of the building and throughout the building, as required by AS1428.1.

E. This approval does not relate to any signage, with a separate application to be lodged and approved by the City of Kalamunda.

F. The operation/development is to comply with the Environmental Protection (Noise) Regulations 1997.

G. The landowner/applicant is required to submit an Application for Registration of a Food Business accompanied with the appropriate registration fee a minimum of two weeks prior to commencing operation. The Application must include floor plans and elevations of the kitchen and bar areas detailing all fixtures, fittings and finishes to the City’s Health Service so that assessment may be made against the requirements of the Food Standards Code and advice can be provided before commencing construction. Such advice will aid in preventing expense and delays caused by the possible need to rectify structural non-compliances at the time of completion.

H. The landowner/applicant must book a food premises inspection with the City’s Health Service 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.

I. The landowner/applicant is advised that the food premises must comply with the Food Act 2008 and Food Standards Code. Further advice on these requirements is available from the City’s Health Service on 9257 9813.

J. The landowner/applicant is advised that all public areas (temple room, dining areas, multi-purpose areas, classrooms, yoga café etc.) are to comply with the provisions of the Health (Miscellaneous Provisions) Act 1911, related regulations and guidelines and in particular Part VI – Public Buildings.

K. A new effluent disposal system that complies with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulation 1974 must be installed.

https://www.der.wa.gov.au/our-work/clearing-permits/46-clearing-permit-application-forms

https://www.der.wa.gov.au/our-work/clearing-permits/46-clearing-permit-application-forms



L. The landowner/applicant is advised that an “Application to Construct or Install an

Apparatus for the Treatment of Sewage” must be submitted and approved before a building licence will be issued. The application form can be found at: http://www.kalamunda.wa.gov.au/Services/Health/Effluent-Disposal.

M. Clearances are to be maintained from the waste water disposal system(s) to new buildings and boundaries in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

N. The landowner/applicant is reminded of their obligations to comply with the “Land development sites and impacts on air quality: a guideline for the prevention of dust and smoke pollution from land development sites in Western Australia”, prepared by the Department of Water and Environment Regulation.

O. All proposed fencing is to be installed to a standard no less than the minimum specification as required by the City of Kalamunda Fencing Local Laws.

P. Unless otherwise specified, all costs of an incidental to the satisfaction of these conditions must be paid by the owner including, without limitation, the City’s legal costs and all registration fees and stamp duty (if any).

Q. All street trees adjoining the subject land as shown on the submitted plans are to retained and protected unless otherwise approved by the City. It is the responsibility of the landowner/applicant to ensure that the site survey plan is correct as any inaccuracy of the plans will not be considered justification for the removal of trees in the event that their positions are incorrectly shown. The removal of street trees without the written approval of the City is an offence under the Local Government (Uniform Local Provisions) Regulations 1996.

R. In regards to condition 13, the landowner/applicant is advised that a public art contribution of $40,000 applies to this approval, which can be provided through either a public art contribution within the subject site or within a public area within the vicinity of the subject site equal to $40,000, or alternatively the provision of a $40,000 as in lieu payment to the City of Kalamunda’s Public Art Fund.

S. In regards to condition 12, the landowner/applicant is advised that a pro-forma for the statutory declaration is available from the City of Kalamunda’s Environmental Health Services.

T. This application qualifies for an exemption from the substantial commencement period, in that a new timeframe can be substituted being the original deadline plus an additional two (2) years. These periods are calculated from the date the approval was granted. This is available under ‘Clause 78H Notice of Exemption from planning requirements during State of Emergency’, issued by the Minister for Planning on 8 April 2020.

The Report Recommendation was put and CARRIED UNANIMOUSLY.

http://www.kalamunda.wa.gov.au/Services/Health/Effluent-Disposal



REASON: The panel agreed with the development assessment provided in the RAR and accepted that management measures put in place by way of conditions of approval would enable the centre to function in a manner that would be compatible with surrounding land uses.

9. Form 2 – Responsible Authority Reports – DAP Amendment or Cancellation of Approval

Nil

10. State Administrative Tribunal Applications and Supreme Court Appeals

Current SAT Applications

File No. & SAT DR No.

LG Name Property Location Application Description

Date Lodged

DAP/19/01597 DR 174/2019

City of Gosnells

Lot 11 Southern River Road, Southern River

Development of Shopping Centre

30/8/2019

DAP/19/01575 DR 256/2019

City of Armadale

Lot 9007 (76) Southampton Drive, Piara Waters

Lifestyle Village (Piara Waters Lifestyle Village)

10/12/2019

Current Supreme Court Appeals

File No. LG Name Property Location

Application Description

Date Lodged

DAP/18/01394 CACV 75 of 2019

Shire of Serpentine Jarrahdale

Lot 12 (1537) Thomas Road and Lot 50 Nicholson Road, Oakford

Use and Development of a Caltex service station/convenience store

5/7/2019

11. General Business

The Presiding Member announced that 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.

12. Meeting Closure

There being no further business, the Presiding Member declared the meeting closed at 2.23 pm.

metro outer joint development assessment panel …...meeting no. 4 15 may 2020 mr ian birch...

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