Metro West Joint Development Assessment Panel Agenda

Meeting Date and Time: Thursday, 3 November 2016; 9.00am Meeting Number: MWJDAP/ 147 Meeting Venue: City of Vincent 244 Vincent Street Leederville Attendance

DAP Members Ms Megan Adair (Presiding Member) Mr Brian Curtis (A/Deputy Presiding Member) Mr John Syme (Specialist Member) Cr Josh Topelberg (Local Government Member, City of Vincent) Cr Matt Buckels (Local Government Member, City of Vincent) Officers in attendance Mr Steven Lamming (City of Vincent) Mr Tim Wright (City of Vincent) Ms Gabriela Poezyn (City of Vincent) Local Government Minute Secretary Ms Anita Radici (City of Vincent) Applicants and Submitters Mr Trent Will (Planning Solutions) Mr Brendan Foley (Lavan Legal) Mr David Read (TPG) Mr Matthew Crawford (Matthew Crawford Architects) Ms Susannah Penman (TPG) Ms Mary McHenry Ms Ros Cumming 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 Clayton Higham (Deputy Presiding Member)

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3. Members on Leave of Absence

Mr Clayton Higham (Deputy Presiding Member)

4. Noting of Minutes

Note the Minutes of the Metro West JDAP meeting No.146 held on the 29 September 2016.

5. Declarations of Due Consideration

Any member who is not familiar with the substance of any report or other information provided for consideration at the DAP meeting must declare that fact before the meeting considers the matter.

6. Disclosure of Interests

Nil

7. Deputations and Presentations

7.1 Ms Mary McHenry presenting against the application at Item 10.1. The presentation will discuss the proposed development’s impact on traffic in the area and the safety of children and parents.

7.2 Mr David Read (TPG) presenting for the application at Item 10.1. The

presentation will support the application recommendation but request modifications to conditions 6.1.4 and 7.1 and the deletion of conditions 7.2, 16 and 17.

7.3 Mr Matthew Crawford (Matthew Crawford Architects) presenting for

the application at Item 10.1. The presentation will address issues surrounding the Pepper tree.

7.4 Ms Ros Cumming presenting against the application at Item 10.2. The

presentation will address concerns with the ROW and impact on surrounding neighbours.

7.5 Mr Trent Will (Planning Solutions) presenting for the application at

Item 10.2. The presentation will discuss the changes between the refused plans and the revised plans, specifically the reduction in building bulk and increased landscaping.

7.6 Mr Brendan Foley (Lavan Legal) presenting for the application at Item

10.2. The presentation will address the legal principles of applying weight to a draft local planning policy.

8. Form 1 - Responsible Authority Reports – DAP Applications

Nil

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

development approval

Nil

10. Appeals to the State Administrative Tribunal 10.1 Property Location: No. 81 (Lot 500; D/P: 66832) Angove Street,

North Perth Application Details: Retention of Existing Heritage Building and

Construction of a Three Storey Day Nursery (Child Care) and Associated Basement Car Parking

Applicant: The Planning Group (TPG) Owner: B D & L M Thomson and G J & S B Lovegrove Responsible authority: City of Vincent DoP File No: DAP/16/01003

10.2 Property Location: Nos. 330-334 (Lots 108, 105 & 106) Charles

Street, North Perth Application Details: Proposed Construction of a Seven Storey Mixed

Use Development Comprising of Four Offices and 47 Multiple Dwellings.

Applicant: Green Haven Owner: Phoenix Lake Pty Ltd Responsible authority: City of Vincent DoP File No: DAP/16/00975

11. General Business / Meeting Closure

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

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Meeting No.146 29 September 2016

Minutes of the Metro West Joint Development Assessment Panel

Meeting Date and Time: Thursday, 29 September 2016; 9.30am Meeting Number: MWJDAP/ 146 Meeting Venue: Town of Cottesloe 109 Broome Street, Cottesloe Attendance

DAP Members Ms Megan Adair (Presiding Member) Mr Clayton Higham (Deputy Presiding Member) Mr Lou D’Alessandro (A/Specialist Member) Cr Bruce Haynes (Local Government Member, Town of Claremont) Cr Alastair Tulloch (Local Government Member, Town of Claremont) Cr Katrina Downes (Local Government Member, Town of Cottesloe) Cr Jay Birnbrauer (Local Government Member, Town of Cottesloe) Officers in attendance Mr Andrew Jackson (Town of Cottesloe) Mr Ed Drewett (Town of Cottesloe) Mr David Vinicombe (Town of Claremont) Ms Nicole Alexander (Department of Planning) Local Government Minute Secretary Ms Liz Yates (Town of Cottesloe) Applicants and Submitters Mr Julius Skinner (Borrello Graham Lawyers) Mr Ben Carter (Pinnacle Planning) Mr Phil Griffiths (Griffiths Architects) Mr Nik Hidding (Peter Webb & Associates) Mr Paul McQueen (Lavan Legal) Mr David Caddy (TPG) Mayor Jo Dawkins (Town of Cottesloe) Mr Mark Burns Mr Paul Callander Members of the Public Approximately 20

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Meeting No.146 29 September 2016

1. Declaration of Opening

The Presiding Member, Ms Megan Adair declared the meeting open at 9.30am on 29 September 2016 and acknowledged the past and present traditional owners and custodians of the land on which the meeting was being held.

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

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

2. Apologies

Mr John Syme (Specialist Member) Cr Paul Kelly (Local Government Member, Town of Claremont)

3. Members on Leave of absence

Nil

4. Noting of minutes

Minutes of the Metro West JDAP meeting No.145 held on 15 September 2016 were noted by DAP members.

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of interests

Nil

7. Deputations and presentations

7.1 Mr Paul McQueen (Lavan Legal) addressed the DAP for the application at

Item 8.1. Mr McQueen answered questions from the panel. 7.2 Mr Ben Carter (Pinnacle Planning) and Mr Phil Griffiths (Griffiths Architects)

addressed the DAP for the application at Item 8.1. Mr Carter answered questions from the panel.

The presentations at Items 7.1 and 7.2 were heard prior to the application at Item 8.1. 7.3 Mr Mark Burns addressed the DAP against the application at Item 8.2.

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Meeting No.146 29 September 2016

7.4 Mayor Jo Dawkins (Town of Cottesloe) addressed the DAP against the

application at Item 8.2. 7.5 Mr Julius Skinner (Borrello Graham Lawyers) addressed the DAP against

the application at Item 8.2. Mr Skinner answered questions from the panel. 7.6 Mr David Caddy (TPG) addressed the DAP against the application at Item

8.2. 7.7 Mr Paul Callander addressed the DAP against the application at Item 8.2.

7.8 Mr Paul McQueen (Lavan Legal) addressed the DAP for the application at

Item 8.2. Mr McQueen answered questions from the panel. 7.9 Mr Nik Hidding (Peter Webb & Associates) addressed the DAP for the

application at Item 8.2. The presentations at Item 7.3 to 7.9 were heard prior to the application at Item 8.2.

8. Form 1 - Responsible Authority Reports – DAP Applications

8.1 Property Location: Lots 1, 2 and 21 (58-62) Bayview Terrace,

Claremont Application Details: Refurbishments and Additions (Commercial) Applicant: Pinnacle Planning Owner: Strawss Pty Ltd Responsible authority: WAPC DoP File No: DAP/16/01048

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Nil Seconded by: Nil That the Metro West Joint Development Assessment Panel resolves to: Refuse DAP Application reference DAP/16/01048 and accompanying plans for the following reasons: Reasons: 1. The proposed development is located on land reserved for Primary Regional

Roads under the Metropolitan Region Scheme and is inconsistent with the purpose of this reserve.

2. The proposed development is contrary to the orderly and proper planning of the

locality in that the scale and nature of the proposal would result in a significant capital investment in the property and an increased compensation liability, compromising the State’s ability to implement its plans for the widening and upgrading of Stirling Highway.

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3. The application has not adequately demonstrated that the development

proposed is consistent with preserving the character and amenities of the locality.

The Report Recommendation/Primary Motion lapsed for want of a mover and seconder. ALTERNATE RECOMMENDATION / PRIMARY MOTION Moved by: Cr Alastair Tulloch Seconded by: Ms Megan Adair That the Metro West Joint Development Assessment Panel resolves to:

Approve DAP Application reference DAP/16/01048 and accompanying plans DA1.01(02), DA1.01(01), DA2.01(01), DA2.02(01), DA2.03(01), DA2.04(01), DA2.05(01), DA2.06(01), DA2.07(01), DA3.01(02), DA3.02(02), DA3.03(02), DA3.04(01), DA3.05(02), DA3.06(02), DA3.07(02), DA3.08(02) and perspectives, but excluding the illuminated screen proposed for the Bay View Terrace, Stirling Highway and eastern façades, in accordance with Clause 30 of the Metropolitan Region Scheme, subject to the following conditions:

Conditions

1. This decision constitutes planning approval only and is valid for a period of two (2) years from the date of approval. If the subject development is not substantially commenced within the two year period, the approval shall lapse and be of no further effect.

2. Prior to the commencement of development, including demolition of existing improvements, the landowner shall enter into a Deed of Agreement with the Western Australian Planning Commission and Main Roads WA that:

(a) shall be binding on all successors in Title;

(b) agrees that the use of the land in the Stirling Highway PRR Reserve is considered temporary until such time as the land is required for upgrading of Stirling Highway;

(c) agrees that any improvements or alterations made to the existing building(s) or loss of amenity will not be taken into consideration in determining any land acquisition cost or compensation which may be payable by the Western Australian Planning Commission at such time as the land is required for the upgrading of Stirling Highway;

(d) indemnifies the Western Australian Planning Commission against any claims arising from tenants occupying the proposed third storey addition at such time as the land is required for the upgrading of Stirling Highway; and

3. Prior to the commencement of development, including demolition of existing improvements, the landowner/applicant shall provide to the Western

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Meeting No.146 29 September 2016

Australian Planning Commission a set of floor plans of the existing building(s) and a complete photographic record of all rooms to establish the base line building for the potential future payment of compensation upon the acquisition of the property for Primary Regional Road purposes.

4. Lots 1, 2 and 21 are to be amalgamated prior to the issue of a Building Permit, or alternatively the applicant is to enter into a legal agreement with the local government to provide for amalgamation within 12 months of issue of a Building Permit. The agreement is to be prepared by the local government's solicitors and lodged as an Absolute Caveat on the Certificates of Tile, all at the cost of the landowner/applicant.

5. The landowner is to enter into a legal agreement with the local government to provide for an easement in gross over Lots 1, 2 and 21 to provide access to the rear of Lot 101 to the specification of the local government and the satisfaction of the Western Australian Planning Commission. The agreement is to be prepared by the local government's solicitors and must be registered on the Certificates of Title, all at the cost of the owner/applicant prior to the issue of a Building Permit.

6. Prior to issue of a Building Permit for the proposed development, the applicant/landowner shall satisfy Town Planning Scheme No. 3 and Council Policy in relation to parking requirements which will require the payment of cash-in-lieu for the shortfall in the provision of car parking to the specification of the local government and the satisfaction of the Western Australian Planning Commission.

7. The façade of the third storey addition is to be setback 1.0 metres from the existing Bay View Terrace frontage and 0.5 metres from the Stirling Highway frontage. The existing decorative orbs located on the front parapets are to be retained.

8. All signage (other than the excluded illuminated screen) is to be submitted to and approved by the Town of Claremont in accordance with its Local Law Relating to Signs prior to installation.

9. All external materials and colour finishes of the development are to be to the specification of the local government and the satisfaction of the Western Australian Planning Commission.

10. Prior to the commencement of works a Construction Management Plan being prepared, specific to operational construction matters, to the specification of the local government and the satisfaction of the Western Australian Planning Commission. The Construction Management Plan must be complied with at all times during development.

11. All storm water disposal is to be to the specification of the local government and the satisfaction of the Western Australian Planning Commission. Drainage details and calculations are to be provided as part of the Building Permit application.

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12. The development is to comply with the Australian Standard for Disabled

Access AS1428.

13. Car parking areas are to be sealed, drained, line-marked and signposted and maintained thereafter to the specification of the local government and the satisfaction of the Western Australian Planning Commission.

14. All servicing areas and other parts of the land or building which are likely to be untidy in appearance are to be screened from public view and from the view of adjoining properties, to the specification of the local government and the satisfaction of the Western Australian Planning Commission.

Advice

1. Where an approval has so lapsed, no development shall be carried out without further approval having first been sought and obtained, unless the applicant has applied and obtained Development Assessment Panel approval to extend the approval term under regulation 17(1)(a) of the Planning and Development (Development Assessment Panels) Regulations 2011.

2. If an applicant or owner is aggrieved by this determination there is right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination.

3. The applicant is advised that the subject land is significantly affected by the existing Metropolitan Region Scheme Primary Regional Road reserve. The recent changes as proposed in MRS Major Amendment 1210/41 will decrease the current MRS land requirement but the properties will still be affected. Further information on Amendment 1210/41 is available on the Department of Planning's website at the following link: http://www.planning.wa.gov.au/publications/8318.asp

4. The applicant is advised to liaise with the Town of Claremont in regards to the payment of cash-in-lieu for the shortfall in the provision of car parking.

5. This is a development approval only and a Building Permit must be obtained from the local government prior to the commencement of any building works. Permits for non-residential development must be certified prior to submission.

6. All developments are required to submit to the local government an Infrastructure Clearance form with or prior to application for a Building Permit. Refer to the Town of Claremont website (Infrastructure) for standards, specifications, and to download the Infrastructure Clearance Form.

7. The applicant is advised that the Construction Management Plan should address the following issues, where applicable:

a) public safety and amenity; b) site plan and security;

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c) contact details of essential site personnel, construction period and

operating hours; d) community information, consultation and complaints management

plan; e) noise, vibration, air and dust management; f) dilapidation reports of nearby properties; g) traffic, access and parking management; h) waste management and materials re-use; i) stormwater and sediment control; j) asbestos removal management plan.

8. The applicant/landowner is advised of the following requirements from the Town of Claremont's Health Services. Should any advice be unclear, please contact the Town's Health Services on 9285 4300:

a) All plant and machinery (such as air conditioners and pool pumps) must be suitably located and/or sound proofed to comply with the requirements of the Environmental Protection (Noise) Regulations 1997.

b) Under the Environmental Protection (Noise) Regulations 1997, no construction work is permitted or suffered to be carried out:

i) Before 7:00am or after 7:00pm Monday to Saturday inclusive; or

ii) On a Sunday or on a public holiday.

c) The applicant is required to remove any hazardous materials encountered during construction/demolition at their own expense and in accordance with the Code of Practice on Safe Removal of Asbestos [NOHSC: 2002(2005)] as stipulated by the Occupational Health and Safety Regulations 1996, and disposed of in accordance with the Health (Asbestos) Regulations 1992 and the Environmental Protection (Controlled Waste) Regulations 2004

AMENDING MOTION Moved by: Mr Lou D’Alessandro Seconded by: Mr Clayton Higham To amend Condition 6 to clarify that the cash-in-lieu requirement be for 3 bays so as to read as follows:

Prior to issue of a Building Permit for the proposed development, the applicant/landowner shall satisfy Town Planning Scheme No. 3 and Council Policy in relation to parking requirements which will require the payment of cash-in-lieu for 3 bays to the specification of the local government and the satisfaction of the Western Australian Planning Commission.

REASON: To clarify the amount of parking required for the cash-in-lieu component.

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Meeting No.146 29 September 2016

The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION Moved by: Mr Lou D’Alessandro Seconded by: Mr Clayton Higham To delete Condition 12, and renumber the remaining conditions accordingly. REASON: The condition is extraneous as this issue is covered by legislation and is dealt with separately. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION Moved by: Mr Clayton Higham Seconded by: Mr Lou D’Alessandro To delete Condition 8, renumber remaining conditions and to include a further advice note to read as follows:

“All signage, other than the excluded illuminated screen, is to be submitted for further approval.”

REASON: Approval would be required by the Town of Claremont as a third party and it is unclear as to whether the local laws apply in this circumstance. The Amending Motion was put and CARRIED ( 4 / 1 ). For: Ms Megan Adair Mr Clayton Higham Mr Lou D’Alessandro Cr Alastair Tulloch Against: Cr Bruce Haynes. ALTERNATE RECOMMENDATION/PRIMARY MOTION (AS AMENDED) That the Metro West Joint Development Assessment Panel resolves to:

Approve DAP Application reference DAP/16/01048 and accompanying plans DA1.01(02), DA1.01(01), DA2.01(01), DA2.02(01), DA2.03(01), DA2.04(01), DA2.05(01), DA2.06(01), DA2.07(01), DA3.01(02), DA3.02(02), DA3.03(02), DA3.04(01), DA3.05(02), DA3.06(02), DA3.07(02), DA3.08(02) and perspectives, but excluding the illuminated screen proposed for the Bay View Terrace, Stirling Highway and eastern façades, in accordance with Clause 30 of the Metropolitan Region Scheme, subject to the following conditions:

Conditions

1. This decision constitutes planning approval only and is valid for a period of two (2) years from the date of approval. If the subject development is not substantially commenced within the two year period, the approval shall lapse and be of no further effect.

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Meeting No.146 29 September 2016

2. Prior to the commencement of development, including demolition of existing

improvements, the landowner shall enter into a Deed of Agreement with the Western Australian Planning Commission and Main Roads WA that:

(a) shall be binding on all successors in Title;

(b) agrees that the use of the land in the Stirling Highway PRR Reserve is considered temporary until such time as the land is required for upgrading of Stirling Highway;

(c) agrees that any improvements or alterations made to the existing building(s) or loss of amenity will not be taken into consideration in determining any land acquisition cost or compensation which may be payable by the Western Australian Planning Commission at such time as the land is required for the upgrading of Stirling Highway;

(d) indemnifies the Western Australian Planning Commission against any claims arising from tenants occupying the proposed third storey addition at such time as the land is required for the upgrading of Stirling Highway; and

3. Prior to the commencement of development, including demolition of existing improvements, the landowner/applicant shall provide to the Western Australian Planning Commission a set of floor plans of the existing building(s) and a complete photographic record of all rooms to establish the base line building for the potential future payment of compensation upon the acquisition of the property for Primary Regional Road purposes.

4. Lots 1, 2 and 21 are to be amalgamated prior to the issue of a Building Permit, or alternatively the applicant is to enter into a legal agreement with the local government to provide for amalgamation within 12 months of issue of a Building Permit. The agreement is to be prepared by the local government's solicitors and lodged as an Absolute Caveat on the Certificates of Tile, all at the cost of the landowner/applicant.

5. The landowner is to enter into a legal agreement with the local government to provide for an easement in gross over Lots 1, 2 and 21 to provide access to the rear of Lot 101 to the specification of the local government and the satisfaction of the Western Australian Planning Commission. The agreement is to be prepared by the local government's solicitors and must be registered on the Certificates of Title, all at the cost of the owner/applicant prior to the issue of a Building Permit.

6. Prior to issue of a Building Permit for the proposed development, the applicant/landowner shall satisfy Town Planning Scheme No. 3 and Council Policy in relation to parking requirements which will require the payment of cash-in-lieu for 3 bays to the specification of the local government and the satisfaction of the Western Australian Planning Commission.

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7. The façade of the third storey addition is to be setback 1.0 metres from the

existing Bay View Terrace frontage and 0.5 metres from the Stirling Highway frontage. The existing decorative orbs located on the front parapets are to be retained.

8. All external materials and colour finishes of the development are to be to the specification of the local government and the satisfaction of the Western Australian Planning Commission.

9. Prior to the commencement of works a Construction Management Plan being prepared, specific to operational construction matters, to the specification of the local government and the satisfaction of the Western Australian Planning Commission. The Construction Management Plan must be complied with at all times during development.

10. All storm water disposal is to be to the specification of the local government and the satisfaction of the Western Australian Planning Commission. Drainage details and calculations are to be provided as part of the Building Permit application.

11. Car parking areas are to be sealed, drained, line-marked and signposted and maintained thereafter to the specification of the local government and the satisfaction of the Western Australian Planning Commission.

12. All servicing areas and other parts of the land or building which are likely to be untidy in appearance are to be screened from public view and from the view of adjoining properties, to the specification of the local government and the satisfaction of the Western Australian Planning Commission.

Advice

1. Where an approval has so lapsed, no development shall be carried out without further approval having first been sought and obtained, unless the applicant has applied and obtained Development Assessment Panel approval to extend the approval term under regulation 17(1)(a) of the Planning and Development (Development Assessment Panels) Regulations 2011.

2. If an applicant or owner is aggrieved by this determination there is right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination.

3. The applicant is advised that the subject land is significantly affected by the existing Metropolitan Region Scheme Primary Regional Road reserve. The recent changes as proposed in MRS Major Amendment 1210/41 will decrease the current MRS land requirement but the properties will still be affected. Further information on Amendment 1210/41 is available on the Department of Planning's website at the following link: http://www.planning.wa.gov.au/publications/8318.asp

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4. The applicant is advised to liaise with the Town of Claremont in regards to the

payment of cash-in-lieu for the shortfall in the provision of car parking.

5. This is a development approval only and a Building Permit must be obtained from the local government prior to the commencement of any building works. Permits for non-residential development must be certified prior to submission.

6. All developments are required to submit to the local government an Infrastructure Clearance form with or prior to application for a Building Permit. Refer to the Town of Claremont website (Infrastructure) for standards, specifications, and to download the Infrastructure Clearance Form.

7. The applicant is advised that the Construction Management Plan should address the following issues, where applicable:

a) public safety and amenity; b) site plan and security;

c) contact details of essential site personnel, construction period and operating hours;

d) community information, consultation and complaints management plan;

e) noise, vibration, air and dust management; f) dilapidation reports of nearby properties; g) traffic, access and parking management; h) waste management and materials re-use; i) stormwater and sediment control; j) asbestos removal management plan.

8. The applicant/landowner is advised of the following requirements from the Town of Claremont's Health Services. Should any advice be unclear, please contact the Town's Health Services on 9285 4300:

a) All plant and machinery (such as air conditioners and pool pumps) must be suitably located and/or sound proofed to comply with the requirements of the Environmental Protection (Noise) Regulations 1997.

b) Under the Environmental Protection (Noise) Regulations 1997, no construction work is permitted or suffered to be carried out:

i) Before 7:00am or after 7:00pm Monday to Saturday inclusive; or

ii) On a Sunday or on a public holiday.

c) The applicant is required to remove any hazardous materials encountered during construction/demolition at their own expense and in accordance with the Code of Practice on Safe Removal of Asbestos [NOHSC: 2002(2005)] as stipulated by the Occupational Health and Safety Regulations 1996, and disposed of in accordance with the

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Meeting No.146 29 September 2016

Health (Asbestos) Regulations 1992 and the Environmental Protection (Controlled Waste) Regulations 2004

9. All signage, other than the excluded illuminated screen, is to be submitted

for further approval. REASON: The Panel believed that as the modified reservation of Stirling Highway

would only cover a portion of the property and that there was no program or budget allocation for the upgrade of Stirling Highway in this location it would be in the interest of preserving the character and amenities of the locality that the application be approved. It was further believed that the portion of the application relating to the illuminated sign should not be included in the approval as information relating to this was received late and without sufficient assessment to provide the Panel with certainty as to its appropriateness. In addition, it was felt that the signage could be dealt with as a separate application as it was not integral to the development.

PRIMARY MOTION (AS AMENDED) was put and CARRIED (4 / 1). For: Ms Megan Adair Mr Lou D’Alessandro Cr Alastair Tulloch Cr Bruce Haynes Against: Mr Clayton Higham PROCEDURAL MOTION Moved by: Ms Megan Adair Seconded by: Mr Clayton Higham That the JDAP Meeting be adjourned for a period of 3 minutes. REASON: Rest break The Procedural Motion was put and CARRIED UNANIMOUSLY. The meeting was adjourned at 11.34am The meeting reconvened at 11.37am.

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Meeting No.146 29 September 2016

8.2 Property Location: Lots 14 and 15 (220) Marine Parade, Cottesloe Application Details: Mixed-use development (4 multiple dwellings

and a café) Applicant: Peter D Webb and Associates Owner: Berrimel No. 2 Pty Ltd Responsible authority: Town of Cottesloe DoP File No: DAP/16/01070

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Cr Katrina Downes Seconded by: Cr Jay Birnbrauer That the Metro-West JDAP resolves to: Refuse DAP Application reference DAP/16/01070 and accompanying plans A01/05, A02/05, A03/05, A04/05 and A05/05 received 16 September 2016 in accordance with Schedule 2, Part 9 of the Planning and Development (Local Planning Schemes) Regulations 2015 (as amended) and Town of Cottesloe Local Planning Scheme No.3, for the following reasons: 1. The proposed development does not comply with Local Planning Scheme

No. 3 with respect to the maximum permitted building height and number of storeys in a Residential R25 zone.

2. A café (shop) is not a permitted use in the Residential R25 zone under Local Planning Scheme No. 3.

3. The proposed development does not fall within the non-conforming use

provisions of Local Planning Scheme No. 3 and is therefore not capable of being approved because the physical development fails to comply with non-discretionary development requirements.

4. The proposed development does not satisfy the requirements of clause 5.3.5 in

Local Planning Scheme No. 3 for the proposed increased density to be approved as it will not complement the character of the streetscape, it will detrimentally increase the mass and scale of the development relative to existing development on adjoining properties, it has not been demonstrated that it will improve landscaping on the land and it will not provide adequate and safe means of vehicular and pedestrian access to the land with respect to the proposed café use.

5. The proposed development does not satisfy the Aims, Residential zone Objectives, or provisions of Local Planning Scheme No.3 and the Planning and Development (Local Planning Schemes) Regulations 2015, as amended, as it would not sustain the amenity, character and streetscape quality of the locality, and it does not represent orderly and proper planning.

6. The application fails to provide adequate information, or satisfactorily address

relevant Design principles of the Residential Design Codes, with respect to:

(a) Street setback (b) Lot boundary setbacks

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Meeting No.146 29 September 2016

(c) Solar access (d) Visitor parking location (e) Visual privacy (f) Sightlines (g) Landscaping

The PRIMARY MOTION was put and CARRIED UNANIMOUSLY. 9. Form 2 – Responsible Authority Reports - Amending or cancelling DAP

development approval

Nil

10. Appeals to the State Administrative Tribunal

The Presiding Member stated that she had appeared at the Tribunal on two matters during the week of 19 September:

• DR237 in relation to 230 Charles Street, North Perth, which is going to a second mediation on 6 October 2016; and

• DR246 which is Angove Street, North Perth – that matter will be going back to the JDAP for reconsideration under s.31 by 4 November 2016.

11. General Business / Meeting Close

The Presiding Member reminded the meeting that in accordance with Standing Order 7.3 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment. There being no further business, the Presiding Member declared the meeting closed at 11.48am.

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Page 1

State Administrative Tribunal Reconsideration

Responsible Authority Report (Regulation 12)

Property Location: No. 81 (Lot 500; D/P: 66832) Angove Street, North Perth

Application Details: Retention of Existing Heritage Building and Construction of a Three Storey Day Nursery (Child Care) and Associated Basement Car Parking

DAP Name: Metro West Joint Development Assessment Panel

Applicant: The Planning Group (TPG)

Owner: B D & L M Thomson and G J & S B Lovegrove

LG Reference: 5.2016.69.1

Responsible Authority: City of Vincent

Authorising Officer: John Corbellini, Director Development Services

Department of Planning File No: DAP/16/01003

Report Date: 28 October 2016

Application Receipt Date: 25 February 2016

Application Process Days: Not Applicable

Attachments: 1. Location Map 2. Development Plans date stamped 29 September 2016 3. Perspectives 4. Applicant’s Application Report dated 29 September 2016 5. Applicant’s Transport Impact Statement (TIS) dated 29 September 2016 6. Copy of Previous JDAP Deferral minutes dated 11 August 2016 7. Neighbour Submissions 8. Car Parking and Bicycle Parking Table 9. Applicant’s Traffic Management Plan (TMP) 10. Applicant’s Landscaping Justification 11. Plan of Extent of Peruvian Peppercorn Tree Canopy 12. Extract of minutes from Design Advisory Committee (DAC)

Electronic Attachments (click on attachment title to view): 9. State Administrative Tribunal Act 2004 10. Planning and Development (Local Planning Schemes) Regulations 2015 11. City of Vincent Town Planning Scheme No. 1 12. City of Vincent Draft Town Planning Scheme No. 2 13. State Planning Policy 3.1 Residential Design Codes 14. City of Vincent Policy No. 4.2.13 – Design Advisory Committee 15. City of Vincent Policy No. 7.1.6 – Smith's Lake Precinct 16. City of Vincent Policy No. 7.2.1 – Residential Design Elements 17. City of Vincent Policy No. 7.5.11 – Discretion of Development Variations 18. City of Vincent Policy No. 7.5.12 – Development Guidelines for Commercial and

Mixed Use Development 19. City of Vincent Policy No. 7.5.13 – Percentage for Public Art 20. City of Vincent Policy No. 7.5.21 – Sound Attenuation

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21. City of Vincent Policy No. 7.5.23 – Construction Management Plans 22. City of Vincent Policy No. 7.6.1 – Heritage Management – Development

Guidelines 23. City of Vincent Policy No. 7.6.2 – Heritage Management – Assessment Officer Recommendation: That the Metro West Joint Development Assessment Panel, pursuant to section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR 246 of 2016, resolves to:

Set aside its decision dated 11 August 2016 and substitute a new decision to approve DAP Application reference DA/16/01003 and amended plans received 29 September 2016 in accordance with Subclause 68(2)(a) of Schedule 2 of the Planning and Development (Local Planning Scheme) Regulations 2015, subject to the following conditions: Conditions: 1. Boundary Wall

The owners of the subject land shall finish and maintain the surface of the boundary (parapet) walls in a good and clean condition prior to the occupation of the development. The finish of the walls are to be fully rendered or face brickwork to the satisfaction of the City;

2. Car Parking and Access

2.1 A minimum of 18 commercial car bays shall be provided onsite; 2.2 The car parking and access areas are to comply with the requirements

of AS2890.1; 2.3 Vehicle and pedestrian access points are required to match into

existing footpath levels; 2.4 All new crossovers shall be constructed in accordance with the City’s

Standard Crossover Specifications; 2.5 Prior to occupancy or use of the development the car parking areas on

the subject land shall be sealed, drained, paved and line marked in accordance with the approved plans, completed to the satisfaction of the City and maintained thereafter by the owner(s)/occupier(s);

3. External Fixtures

All external fixtures and building plant, including air conditioning units, piping, ducting and water tanks, shall be located so as to minimise any visual and noise impact on surrounding landowners, and screened from view from the street, and where practicable from adjoining buildings;

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4. Verge Trees

4.1 No verge trees shall be removed without the prior written approval of the City with the exception of the verge tree identified in Condition 4.2 below. All other verge trees shall be retained and protected from any damage, including unauthorised pruning, to the satisfaction of the City; and

4.2 The verge tree located in conflict with the proposed access way from

Angove Street is to be removed and replaced at the applicant’s cost and to the satisfaction of the City;

5. Acoustic Report

An Acoustic Report in accordance with the City's Policy No. 7.5.21 – Sound Attenuation is to form part of the application for a Building Permit and shall be approved by the City prior to commencement of the development. All recommended measures in the report shall be undertaken in accordance with the report to the City’s satisfaction, prior to occupancy or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers

6. Landscape and Reticulation Plan

6.1 A detailed landscape and reticulation plan for the development site and adjoining road verge is to be submitted and shall be approved by the City prior to commencement of the development. The plan shall be drawn to a scale of 1:100 and show the following:

6.1.1 The location and type of existing and proposed trees and

plants; 6.1.2 Areas to be irrigated or reticulated; 6.1.3 The removal of redundant crossovers; and 6.1.4 Provide a 500mm landscaping strip between the existing

heritage fence and the proposed steel mesh fence. 6.2 All works shown in the plans as identified in Condition 6.1 above shall

be undertaken in accordance with the approved plans to the City’s satisfaction, prior to occupancy or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers;

7. Retention & Protection of Existing On-Site Mature Trees

7.1 The existing Peruvian Peppercorn Tree and River Red Gum Tree as depicted on the approved plans being retained and protected from any damage to the satisfaction of the City;

7.2 The proposed at-grade ‘drop off bays’ along the vehicle access way

being modified to the satisfaction of the City to enable the retention of the existing Peruvian Peppercorn Tree prior to the commencement of development;