minutes of the metro east joint development … no. 116 10 april 2017 mr eugene koltasz presiding...

Meeting No. 116 10 April 2017

Mr Eugene Koltasz Presiding Member, Metro East JDAP

Minutes of the Metro East Joint Development Assessment

Panel Meeting Date and Time: 10 April 2017; 9:30am Meeting Number: MEJDAP/116 Meeting Venue: City of Swan Council Chambers Midland Town Hall

39 Old Great Northern Highway Midland

Attendance

DAP Members Mr Eugene Koltasz (Presiding Member) Ms Sheryl Chaffer (Deputy Presiding Member) Mr Peter Addison (Specialist Member) Cr Darryl Trease (Local Government Member, City of Swan) Cr Maria Haynes (Local Government Member, City of Swan) Cr Patrick Bertola (Local Government Member, Shire of Mundaring) Cr David Lavell (Local Government Member, Shire of Mundaring) Cr Sandra Hawkins (Local Government Member, Shire of Serpentine Jarrahdale) – via teleconference Cr Keith Ellis (Local Government Member, Shire of Serpentine Jarrahdale) – via teleconference Officers in attendance Mr Craig Zanotti (City of Swan) Mr Phillip Russell (City of Swan) Mr Mek Piggot (Department of Planning) Mr Liam Sexton (Shire of Mundaring) Mr Angus Money (Shire of Mundaring) Mr Mathew Selby (Department of Planning) Mr Haydn Ruse (Shire of Serpentine Jarrahdale) – via teleconference Mr Petar Mrdja (Shire of Serpentine Jarrahdale) – via teleconference Local Government Minute Secretary

Mrs Debbie Crawford (City of Swan) Applicant and Submitters Mr Zeljko Zagorac (Main Roads WA) Mr Trent Durward (Megara) Ms Heidi Herget (Move Consultants) Mr Brendan Foley Mr Paul Carter (Mitie Construction) Mr Tony Watson (MW Urban)



Mr Alan Ross (ARTEM Architecture) Mr Sam Lorenti (Ivanhoe Holdings) Mrs Virma Symons (Symons Farms) Mr Aaron Lohman (Rowe Group) Mr Mat Trigwell (Orica) Mr Ed Wilks (Shawmac) Mr Brian McDonnell (Herring Storer Acoustics) Members of the Public / Media

There were approximately 15 members of the public in attendance. 1. Declaration of Opening

The Presiding Member, Mr Eugene Koltasz declared the meeting open at 9.30am on 10 April 2017 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 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 meeting would not be recorded.

2. Apologies

Cr Daniel Parasiliti (Local Government Member, City of Swan)

3. Members on Leave of Absence

Nil

4. Noting of Minutes

Minutes of the Metro East JDAP meeting No. 115 held on 5 April 2017 were noted by DAP members.

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of Interests

Nil

7. Deputations and Presentations

7.1 Mr Zeljko Zagorac (Main Roads WA) addressed the DAP against the application at Item 8.1a and 8.1b. Mr Zagorac answered questions from the panel.



7.2 Mr Trent Durward (Megara) addressed the DAP for the application at Items

8.1a and 8.1b. Mr Durward answered questions from the panel. 7.3 Ms Heidi Herget (Move Consultants) addressed the DAP for the application

at Items 8.1a and 8.1b. Ms Herget answered questions from the panel The presentations at Items 7.1 to 7.3 were heard prior to the

application at Items 8.1a and 8.1b. 7.4 Mr Brendan Foley addressed the DAP against the application at Item 8.2. 7.5 Mr Alan Ross (ARTEM Architecture) addressed the DAP for the application

at Item 8.2. Mr Ross answered questions from the panel. 7.6 Mr Tony Watson (MW Urban) addressed the DAP for the application at Item

8.2. Mr Watson answered questions from the panel. The presentations at Items 7.4 to 7.6 were heard prior to the

application at Item 8.2. 7.7 Mrs Virma Symons (Symons Farms) addressed the DAP against the

application at Items 8.3a and 8.3b. Ms Symons answered questions from the panel.

7.8 Mr Aaron Lohman (Rowe Group) addressed the DAP for the application at

Items 8.3a and 8.3b. Mr Lohman answered questions from the panel. 7.9 Mr Mat Trigwell (Orica) addressed the DAP for the application at Items 8.3a

and 8.3b. Mr Trigwell answered questions from the panel. 7.10 Mr Ed Wilks (Shawmac) addressed the DAP for the application at Items 8.3a

and 8.3b. Mr Wilks answered questions from the panel. 7.11 Mr Brian McDonnell (Herring Storer Acoustics) addressed the DAP for the

application at Items 8.3a and 8.3b. Mr McDonnell answered questions from the panel.

The presentations at Items 7.7 to 7.11 were heard prior to the

application at Items 8.3a and 8.3b. PROCEDURAL MOTION Moved by: Mr Eugene Koltasz Seconded by: Ms Sheryl Chaffer That the application at Item 9.1 be heard prior to the application at Item 8.1. The Procedural Motion was put and CARRIED UNANIMOUSLY.



Form 1 – Responsible Authority Reports – DAP Application

8.1a Property Location: Lot 800 (10895) Great Eastern Highway, Sawyers Valley

Application Details: Proposed ‘Service Station’ and ‘Fast Food Outlet’ Applicant: Megara Constructions Pty Ltd – Trent Durward Owner: Amanda Energy Pty Ltd

Responsible Authority: Shire of Mundaring DoP File No: DAP/16/01065

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Cr David Lavell Seconded by: Cr Patrick Bertola That the Metro East JDAP resolves to: Approve DAP Application reference DAP/16/01065 and accompanying plans DA02 - Rev J, DA03 - Rev D and DA05 - Rev D in accordance with Schedule 2 Part 9 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following conditions: Conditions 1. This decision constitutes planning approval only and is valid for a period of 2

years from the date of approval. If the subject development is not substantially commenced within the 2 year period, the approval shall lapse and be of no further effect.

2. Development shall be carried out in accordance with the terms of the application as approved herein and all approved plans unless approval is granted by the Shire’s Planning Service or the Metro East JDAP for any minor variation made necessary by detailed design.

3. Prior to applying for a building permit for the proposed development, the

applicant shall provide a schedule of external materials, finishes and colours which demonstrate that the development will be complementary to the character of the local centre to the satisfaction of the Shire. The building must thereafter be completed in accordance with the approved colours and materials.

4. Prior to applying for a building permit or commencing site works, the

landowner/applicant shall submit and obtain approval of the Shire for a Construction Management Plan, detailing measures to:

notify affected residents and businesses informing them of nature of works, projected time frames, contact details and any likely disruptions and access arrangements;

minimise nuisance to neighbours including dust, noise, waste and vehicle parking; and

protect the nearby watercourse and associated vegetation during construction works.



All works and resident/business notifications shall thereafter be in accordance with the approved Construction Management Plan, to the satisfaction of the Shire.

5. Prior to applying for a building permit or commencing works, the

landowner/applicant shall submit and obtain approval of the Shire and on the advice of Main Roads WA for a Traffic Management Plan prepared by a suitably qualified consultant. All traffic management associated with site works, construction and works within the road reserve shall thereafter be in accordance with the approved Traffic Management Plan, to the satisfaction of the Shire.

6. Prior to applying for a building permit or starting internal site works, engineering

drawings and specifications are to be provided detailing:

Car parking;

Truck, service vehicle access areas;

Internal accessway marking and/or kerb treatment to control the internal flow of car movement and queuing;

Internal footpaths and associated ramps and crosswalk treatment (which gives priority to pedestrians);

Internal lighting plan; and

Bin locations that correspond with accessible waste collection access points.

Engineering drawings detailing internal works shall be prepared to the specifications and satisfaction of the Shire. All works shall be undertaken in accordance with the approved plans prior to occupancy and thereafter maintained to the satisfaction of the Shire.

7. Prior to applying for a building permit or starting external site works, engineering drawings and specifications detailing:

Road widening and turning lanes;

Median strip modification;

Road signage modifications;

Road markings;

Relocation of any services within road reserve;

Proposed shared-use pathways and associated ramps and cross walks;

Access/crossover treatments; and

Drainage improvements.

Engineering drawings detailing works external of the site shall be prepared on the advice of Main Roads WA and to the specifications and satisfaction of the Shire. All works shall be undertaken in accordance with the approved plans prior to occupancy, on the advice of Main Roads WA and to the satisfaction of the Shire.

8. Prior to commencing site works, the landowner/applicant shall provide a

maintenance bond and supervision fees for works within the road reserve.



The fee to be paid for supervision of the works within the road reserve shall be 1.5% of the cost of the works where the works are designed and supervised by a suitably qualified civil engineer and 3% of the cost of the works where the works are not designed and supervised by a suitably qualified civil engineer. The amount to be paid for the maintenance bond for the works within the road reserve shall be 5% of the cost of the works and shall be lodged with the Shire for the duration of the maintenance period, being 12 months from completion of the works.

9. Prior to applying for a building permit for the proposed development, a detailed

Landscape Plan shall be submitted to the Shire for its approval. Works associated with the implementation of the approved Landscape Plan must be implemented prior to occupation or a timeframe otherwise specified within the Landscape Plan and thereafter maintained to the satisfaction of the Shire.

10. Within 120 days of practical completion of the development or other timeframe

as agreed by the Shire, weed management shall be undertaken and new plantings shall be established within the watercourse along Sawyers Valley road reserve, immediately abutting the subject site. Proposed plantings and ongoing management shall maintain clear sightlines for vehicles and pedestrians at all times. The landowner shall be responsible for the ongoing management of this section of the watercourse, on the advice of Main Roads WA and to the satisfaction of the Shire.

11. The stormwater contaminant separator shall be maintained in accordance with

any recommendations of the manufacturer and to the satisfaction of the Shire. 12. Prior to applying for a building permit, certification shall be submitted to the

Shire from a suitably qualified bushfire consultant which confirms that fuel reduction works have been undertaken in accordance with the approved Bushfire Management Plan, as required to achieve the target BAL-29 under Australian Standards 3959.

13. The buildings shall be constructed in accordance with the approved plans

(including any amendments marked in red) and to the required standard for the Bushfire Attack Level (BAL-29).

14. The Asset Protection Zone shall be established prior to construction and the

property thereafter maintained in accordance with the Bushfire Management Plan (Version 1 / 2 June 2016).

15. Prior to applying for a building permit, the applicant shall have prepared and

approved by the Shire a Risk Management Plan (RMP) for on-site hazards. Prior to occupancy, any measures identified within the RMP requiring implementation shall be implemented to the satisfaction of the Shire.

16. Refuelling trucks for the proposed ‘Service Station’ greater than 13m in length

shall not enter the subject property outside of the hours of 6am-9am and 3pm-6pm, Monday to Friday.

17. Any disused septic system, including all tanks, pipes and leach drains, must be

decommissioned, removed, filled with clean sand and compacted during site



works. Prior to occupancy, proof of decommissioning shall be provided to the Shire in the form of either certification from a licensed plumber or a statutory declaration from the landowner/applicant confirming that all septic tanks, soak wells, leach drains and any associated pipework have been removed.

18. Signs and on-site advertising shall not include reflective, flashing, chasing or

pulsating lights. If in the opinion of the Shire and on the advice of Main Roads a sign or advertisement is offensive, misleading or dangerous to vehicular or pedestrian traffic, then the Shire may direct that the sign to be removed or modified within seven working days.

19. An enclosure for the storage and cleaning of rubbish bins shall be provided.

The bins enclosure shall be constructed of materials and colours consistent with adjacent buildings and thereafter maintained to the satisfaction of the Shire. The bin enclosure shall be accessible by waste collection service providers and of sufficient size to accommodate all waste prior to collection.

Advice Notes - The Shire’s Building Service will require a Certified Building Permit Application

to be lodged. - With respect to the schedule of external materials, finishes and colours, details

are to include proposed colours and materials for any proposed retaining walls. - The applicant/landowner is advised that an 'Approval to construct or install an

apparatus for the treatment of sewage' will need to be submitted to the Shire of Mundaring who will forward the application to the Department of Health for determination.

- With respect to the Landscape Plan, the following should be addressed:

- species list and bag/pot size (L); - planting density information; - native species only within 20m of the watercourse; - a minimum of 12 shade trees are to be provided throughout the site,

distributed in a manner that maintains the target BAL rating as shown in the Bushfire Management Plan (BAL-29) and where achievable, provides shade to a maximum number of car parking spaces; and

- partial screening and ‘softening’ of any required electrical infrastructure within the setback area.

- The applicant/landowner is advised that the development will be required to

comply with any other relevant legislation. Specific consideration should be given to any possible breach of the Health Act 1911 and subsidiary regulations due to noise or light generated by the development.

AMENDING MOTION Moved by: Cr David Lavell Seconded by: Cr Patrick Bertola (i) To amend Condition 12 to read as follows:



Prior to applying for a building permit, certification shall be submitted to the Shire from a suitably qualified bushfire consultant which confirms that fuel reduction works have been undertaken in accordance with the approved Bushfire Management Plan.

(ii) To amend Condition 13 to read as follows:

The buildings shall be constructed in accordance with the approved plans (including any amendments marked in red).

REASON: The requirement to comply with the relevant BAL for the site will be addressed as part of the Building Permit. (iii) To amend Condition 16 to read as follows:

Refuelling trucks for the proposed ‘Service Station’ greater than 13m in length shall not enter the subject property during the hours of 6am-9am and 3pm-6pm, Monday to Friday.

REASON: To ensure that no 19m truck movements occur during peak hours. The Amending Motion was put and CARRIED UNANIMOUSLY. PRIMARY MOTION (AS AMENDED) That the Metro East JDAP resolves to: Approve DAP Application reference DAP/16/01065 and accompanying plans DA02 - Rev J, DA03 - Rev D and DA05 - Rev D in accordance with Schedule 2 Part 9 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following conditions: Conditions 1. This decision constitutes planning approval only and is valid for a period of 2




applicant shall provide a schedule of external materials, finishes and colours which demonstrate that the development will be complementary to the character of the local centre to the satisfaction of the Shire. The building must thereafter be completed in accordance with the approved colours and materials.



4. Prior to applying for a building permit or commencing site works, the landowner/applicant shall submit and obtain approval of the Shire for a Construction Management Plan, detailing measures to:









Car parking;











Road markings;









maintenance bond and supervision fees for works within the road reserve. The fee to be paid for supervision of the works within the road reserve shall be 1.5% of the cost of the works where the works are designed and supervised by a suitably qualified civil engineer and 3% of the cost of the works where the works are not designed and supervised by a suitably qualified civil engineer. The amount to be paid for the maintenance bond for the works within the road reserve shall be 5% of the cost of the works and shall be lodged with the Shire for the duration of the maintenance period, being 12 months from completion of the works.






any recommendations of the manufacturer and to the satisfaction of the Shire.

12. Prior to applying for a building permit, certification shall be submitted to the Shire from a suitably qualified bushfire consultant which confirms that fuel reduction works have been undertaken in accordance with the approved Bushfire Management Plan.


(including any amendments marked in red). 14. The Asset Protection Zone shall be established prior to construction and the

property thereafter maintained in accordance with the Bushfire Management Plan (Version 1 / 2 June 2016).


approved by the Shire a Risk Management Plan (RMP) for on-site hazards.



Prior to occupancy, any measures identified within the RMP requiring implementation shall be implemented to the satisfaction of the Shire.


shall not enter the subject property during the hours of 6am-9am and 3pm-6pm, Monday to Friday.


decommissioned, removed, filled with clean sand and compacted during site works. Prior to occupancy, proof of decommissioning shall be provided to the Shire in the form of either certification from a licensed plumber or a statutory declaration from the landowner/applicant confirming that all septic tanks, soak wells, leach drains and any associated pipework have been removed.














comply with any other relevant legislation. Specific consideration should be



given to any possible breach of the Health Act 1911 and subsidiary regulations due to noise or light generated by the development.

REASON: In accordance with details contained in the Responsible Authority Report and Amending Motion. The Primary Motion (as amended) was put and CARRIED UNANIMOUSLY. 8.1b Property Location: Lot 800 (10895) Great Eastern Highway,

Sawyers Valley Application Details: Proposed Service Station and Fast Food Outlet Applicant: Megara Constructions Pty Ltd Owner: Amanda Property Pty Ltd

Responsible Authority: WAPC DoP File No: DAP/16/01065

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Nil Seconded by: Nil That the Metro East JDAP resolves to: Refuse DAP Application reference DAP/16/01065 and accompanying plans: DA01 - Rev B, DA02 - Rev J, DA03 - Rev D, DA04 - Rev D, DA05 - Rev D and DA06 - Rev A in accordance with Clause 29 of the Metropolitan Region Scheme, for the following reason(s): Reasons 1. The proposal is contrary to the WAPC's Development Control Policy 5.1 -

Regional Roads (Vehicular Access) as it has not been demonstrated that the effect on traffic flow and road safety can be satisfactorily addressed in order to accommodate the volume and type of traffic generated by the proposed development. Specifically, the Transport Impact Assessment is considered deficient and has not demonstrated the following: (a) the trip generation figures are representative of a comparable

development which includes a service station and drive thru facility for fast food premises which potentially impacts on the accuracy of the SIDRA analysis of the Great Eastern Highway/Sawyers Road intersection;

(b) the proposed position of the left out access onto Great Eastern Highway has the potential to create traffic conflicts given its proximity to the Great eastern Highway/Sawyers Road intersection;

(c) SIDRA analysis has not been provided to demonstrate that the left out access will operate within acceptable Levels of Service in accordance with the WAPC's Transport Impact Assessment Guidelines; and

(d) the swept paths presented in the Transport Impact Assessment show that a 19m tanker aligning with the right turning pocket into the subject site would substantially block Sawyers Road northbound and would result in tankers crossing over the centre dividing line which is an illegal traffic manoeuvre contradictory to road laws.



2. The proposal is contrary to Clause 30 of the Metropolitan Region Scheme as the proposed development has the potential to adversely impact upon orderly and proper planning and the preservation of the amenities of the locality through the creation of hazardous road safety conditions for pedestrians and vehicles at the intersection of Great Eastern Highway and Sawyers Road.

Advice Further to the above, the applicant is advised to have regard to the following matters: 1. relocation of the left out access onto Great Eastern Highway to the easternmost

boundary of the subject site would require the provision of adequate physical measures to prevent right turn movements onto Great Eastern Highway and consideration of onsite constraints such as the location of the proposed building footprint, fuel bowsers and drive through access way associated with the proposed fast food outlet. It is noted that the swept path of a 19m tanker within the site indicates direct contact with fuel bowsers on the southern side; and

2. a design of the left turn pocket from the Great Eastern Highway onto Sawyers

Road would need to be provided which meets the swept path requirements for a 19m heavy vehicle. The design will allow 19m vehicles to align with the right turning pocket into the subject site and eliminate any potential traffic conflicts. The analysis would need to include details of the vehicle profile and vehicle template.

The Report Recommendation / Primary Motion lapsed for want of a mover and a seconder. ALTERNATE RECOMMENDATION / PRIMARY MOTION Moved by: Cr David Lavell Seconded by: Mr Patrick Bertola That the Metro East JDAP resolves to: Approve DAP Application reference DAP/16/01065 and accompanying plans DA02 - Rev J, DA03 - Rev D and DA05 - Rev D in accordance with Schedule 2 Part 9 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following conditions: Conditions 1. This decision constitutes planning approval only and is valid for a period of 2




applicant shall provide a schedule of external materials, finishes and colours



which demonstrate that the development will be complementary to the character of the local centre to the satisfaction of the Shire. The building must thereafter be completed in accordance with the approved colours and materials.

4. Prior to applying for a building permit or commencing site works, the

landowner/applicant shall submit and obtain approval of the Shire for a Construction Management Plan, detailing measures to:









Car parking;













Road markings;







maintenance bond and supervision fees for works within the road reserve. The fee to be paid for supervision of the works within the road reserve shall be 1.5% of the cost of the works where the works are designed and supervised by a suitably qualified civil engineer and 3% of the cost of the works where the works are not designed and supervised by a suitably qualified civil engineer. The amount to be paid for the maintenance bond for the works within the road reserve shall be 5% of the cost of the works and shall be lodged with the Shire for the duration of the maintenance period, being 12 months from completion of the works.






any recommendations of the manufacturer and to the satisfaction of the Shire.

12. Prior to applying for a building permit, certification shall be submitted to the Shire from a suitably qualified bushfire consultant which confirms that fuel reduction works have been undertaken in accordance with the approved Bushfire Management Plan.


(including any amendments marked in red).



14. The Asset Protection Zone shall be established prior to construction and the property thereafter maintained in accordance with the Bushfire Management Plan (Version 1 / 2 June 2016).


approved by the Shire a Risk Management Plan (RMP) for on-site hazards. Prior to occupancy, any measures identified within the RMP requiring implementation shall be implemented to the satisfaction of the Shire.


shall not enter the subject property during the hours of 6am-9am and 3pm-6pm, Monday to Friday.


decommissioned, removed, filled with clean sand and compacted during site works. Prior to occupancy, proof of decommissioning shall be provided to the Shire in the form of either certification from a licensed plumber or a statutory declaration from the landowner/applicant confirming that all septic tanks, soak wells, leach drains and any associated pipework have been removed.
















comply with any other relevant legislation. Specific consideration should be given to any possible breach of the Health Act 1911 and subsidiary regulations due to noise or light generated by the development.

REASON: The Panel is satisfied that a traffic report and the Conditions imposed by the Shire of Mundaring will address the concerns raised by the Western Australian Planning Commission. The Alternate Recommendation / Primary Motion was put and CARRIED UNANIMOUSLY. 8.2 Property Location: Lots 4, 5, 6 and 7 (No. 3, 5, 7 and 9) Wroxton

Street, Midland Application Details: 93 Multiple Dwellings Applicant: Terry Bell and Paul Carter of Mitie Construction Owner: Ivanhoe Holdings Pty Ltd, S Lorenti, A + E

Paoliello, S + G Bonini, R Geracitano Responsible Authority: City of Swan DoP File No: DAP/16/01152

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Cr Maria Haynes Seconded by: Cr Darryl Trease That the Metro East JDAP resolves to: 1. Approve DAP Application reference DAP/16/01152 and accompanying plans

prepared by Mitie Construction in accordance with Clause 10.3 of the City of Swan Local Planning Scheme No. 17, subject to the following conditions:

Conditions 1. This approval is for 93 ‘Multiple Dwellings’ as defined in the City of Swan Local

Planning Scheme No. 17 and the subject land may not be used for any other use without the prior approval of the City.

2. Development shall be in accordance with the following plans:

i. Cover Sheet; Plan 1 of 17; date stamped 15/03/2017; ii. Survey Plan; Plan 2 of 17; date stamped 15/03/2017;

iii. Site and Landscape Plan; Plan 3 of 17; date stamped 15/03/2017; iv. Basement Level; Plan 4 of 17; date stamped 15/03/2017; v. Podium Level; Plan 5 of 17; date stamped 15/03/2017; vi. Second Level; Plan 6 of 17; date stamped 15/03/2017; vii. Third Level; Plan 7 of 17; date stamped 15/03/2017; viii. Fourth Level; Plan 8 of 17; date stamped 15/03/2017; ix. Street Elevations; Plan 9 of 17; date stamped 15/03/2017 x. North and South Elevations; Plan 10 of 17; date stamped 15/03/2017;



xi. Internal Courtyard East-West Elevations; Plan 11 of 17; date stamped 15/03/2017;

xii. Internal Courtyard North-South Elevations; Plan 12 of 17; date stamped 15/03/2017;

xiii. Wroxton Street Views; Plan 13 of 17; date stamped 15/03/2017; xiv. Lloyd Street Views; Plan 14 of 17; date stamped 15/03/2017; xv. Courtyard Sectional Perspective; Plan 15 of 17; date stamped

15/03/2017; xvi. South-East and North-West Perspectives; Plan 16 of 17; date stamped

15/03/2017; and xvii. Shadow Casting Plan; Plan 17 of 17; date stamped 15/03/2017.

3. Prior to applying for a Building Permit, arrangements must be made to the

satisfaction of the City for the amalgamation of Lots 4, 5, 6 and 7 into one lot on a Certificate of Title, prior to occupation of the development.

4. The landowner is to make a contribution to the City of Swan in accordance with

City Policy POL-C-040 Midland District Drainage Development Reserve Fund, for the total site area of 4,048sqm. Payment shall be made prior to issue of a Building Permit application and prior to any work commencing on the site.

5. 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 respective lot(s). Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

“The lot is situated in the vicinity of a transport corridor (Lloyd Street) and is currently affected by transport noise.”

6. All stormwater produced from this property is to be collected and disposed into

the City’s drainage system via an internal system approved by the City. 7. A site management plan must be submitted and approved by the City prior to

any works commencing on the site. The site management plan is to address the following concerns: noise from carrying out work and from plant and trucks; hours of operation; light; dust; protection of existing roads, paths, services; site security; drainage; vibration management; fill; excavation and traffic management that relates to any works to take place on the site.

8. All construction works within the road reserve including crossovers, drainage

infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be built and maintained in accordance with the City's specifications. Failure to do so may result in these works being removed and reinstated by the City at the applicant's expense.

9. Redundant vehicle crossovers to be removed and the kerbing, verge, and

footpath (where relevant) reinstated with grass or landscaping to the specifications of the City.

10. The basement level carpark must:

i. provide a minimum of 106 car parking spaces, 93 for residents and 13 for tandem visitor bays;



ii. each of the 13 tandem visitor bays must be allocated so that the bay containing the wheel stop is designated for resident parking and the bay to the rear is reserved solely for that unit, for the purposes of visitor parking only;

iii. provide 6 motorcycle parking spaces; iv. be constructed, sealed, kerbed, drained and marked prior to the

development being occupied and maintained thereafter; and v. comply with the above requirements for the duration of the development.

11. 10 on-street visitor car parking spaces must be provided for short-term parking along Wroxton Street. The car parking spaces must:

i. be constructed, sealed, kerbed, drained and marked prior to the development being occupied and maintained thereafter;

ii. be clearly delineated (by road marking and signage) and available for use, free of cost, to bone fide visitors of the occupants of the dwellings

the subject of this approval; and iii. comply with the above requirements for the duration of the

development.

The landowner/applicant shall enter into a legal arrangement with the City of Swan for the ongoing responsibility and maintenance of the visitor bays within the Wroxton Street road reserve. This must be executed prior to the occupation of the development.

12. 10 short-term bicycle parking spaces and 32 long-term bicycle parking spaces must be provided for the development in accordance with AS2890.3-1993, Parking facilities, Part 3: Bicycle parking facilities and constructed prior to occupancy of the development. The bicycle parking spaces must be retained and maintained in good and safe condition for the duration of the development.

13. The bin storage area must be constructed prior to the occupation of the

development and must be retained and maintained in good condition for the duration of the development.

14. The recommendations of the Herring Storer Acoustic Assessment (date of

issue 1 March 2017, Document Reference 21425-1-17043), being implemented at the necessary design and construction stages. All noise abatement measures shall be installed prior to the occupation of the development.

15. Prior to the occupation of the development, a final Acoustic Assessment must

be prepared and provided to the City which demonstrates to City’s satisfaction, that the completed development complies with the recommendations of the Herring Storer Acoustic Assessment (date of issue 1 March 2017, Document Reference 21425-1-17043). Any outstanding works must be completed prior to occupation.

16. Prior to applying for a Building Permit, the standard of finish to the walls built up

to boundaries must be to the satisfaction of the adjoining owners or, in the case of a dispute, to the satisfaction of the City.

17. Prior to applying for a Building Permit, all service areas and service related

hardware, including antennae, satellite dishes and air-conditioning units, must



be designed to be located away from public view and/or screened, and this design must be provided to, and approved by, the City.

18. The landscaping, paving and reticulation must be completed prior to the

occupation of the development, and must be maintained at all times to the satisfaction of the City for the duration of the development.

19. The landowner/applicant shall within 28 days of this approval, elect to either:

i. pay to the City the sum of $127,000 which equates to 1% of the

Construction Cost of the development, in lieu of providing on-site Public Art (option 1); or

ii. seek approval from the City for an artist to provide Public Art on the development site to a minimum value of $127,000 (option 2).

If the election is Option 1, the cash-in-lieu amount must be paid to the City on the earlier of the date specified in an invoice issued by the City, or when an application is made for a building permit for the development the subject of the approval. If the election is Option 2:

i. the owner(s) or applicant on behalf of the owner(s) within a further 28 days following the election (or such longer period agreed by the City) must seek approval from the City for a specific Public Art work including the artist proposed to undertake the work. The City may apply further conditions regarding the proposed Public Art;

ii. no part of the development may be occupied or used unless the Public Art has been installed in accordance with an approval granted by the City;

iii. the Public Art approved must be maintained during the continuation of the development; and

iv. prior to the lodgement of a building permit application a Notification pursuant to section 70A of the Transfer of Land Act must be lodged against the certificate of title to the land on which the development is to be carried out, to make the proprietors and prospective purchasers aware of the preceding condition.

20. Public art shall be incorporated onto the façade of the transformer building

fronting Lloyd Street, with details to be submitted and approved prior to the lodgement of a Building Permit, to the satisfaction of the City. The approved public art shall be installed prior to occupation of the development.

21. Use of the site for the purpose approved shall not commence until an

Occupancy Permit is issued.

Advice Notes 1. This is a Development Approval of the City under its Local Planning Scheme

No. 17. It is not a building permit or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.



2. In accordance with the Building Act 2011 and Building Regulations 2012, a

Building Permit application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

3. A Demolition Permit must be issued before any demolition work commences on

the site. 4. The noise generated by activities on-site, including machinery motors or

vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997. All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard. No works shall commence prior to 7.00 am without the City’s approval.

5. The applicant is required to ensure the development enables the collection of

the required number of refuse and recycling mobile garbage bins in a manner accessible to the City’s Waste Services.

AMENDING MOTION Moved by: Ms Sheryl Chaffer Seconded by: Mr Peter Addison To include a new Condition 22 to read as follows:

Additional screening measures on the southern side elevations to improve privacy to the single residence on the southern boundary are to be submitted as part of the final plans, to the satisfaction of the City of Swan.

REASON: To alleviate concerns raised by the resident adjacent to the south boundary. The Amending Motion was put and CARRIED UNANIMOUSLY. PRIMARY MOTION (AS AMENDED) That the Metro East JDAP resolves to: 1. Approve DAP Application reference DAP/16/01152 and accompanying plans

prepared by Mitie Construction in accordance with Clause 10.3 of the City of Swan Local Planning Scheme No. 17, subject to the following conditions:

Conditions 1. This approval is for 93 ‘Multiple Dwellings’ as defined in the City of Swan Local

Planning Scheme No. 17 and the subject land may not be used for any other use without the prior approval of the City.

2. Development shall be in accordance with the following plans:

i. Cover Sheet; Plan 1 of 17; date stamped 15/03/2017;



ii. Survey Plan; Plan 2 of 17; date stamped 15/03/2017; iii. Site and Landscape Plan; Plan 3 of 17; date stamped 15/03/2017; iv. Basement Level; Plan 4 of 17; date stamped 15/03/2017; v. Podium Level; Plan 5 of 17; date stamped 15/03/2017; vi. Second Level; Plan 6 of 17; date stamped 15/03/2017; vii. Third Level; Plan 7 of 17; date stamped 15/03/2017; viii. Fourth Level; Plan 8 of 17; date stamped 15/03/2017; ix. Street Elevations; Plan 9 of 17; date stamped 15/03/2017 x. North and South Elevations; Plan 10 of 17; date stamped 15/03/2017; xi. Internal Courtyard East-West Elevations; Plan 11 of 17; date stamped

15/03/2017; xii. Internal Courtyard North-South Elevations; Plan 12 of 17; date stamped

15/03/2017; xiii. Wroxton Street Views; Plan 13 of 17; date stamped 15/03/2017; xiv. Lloyd Street Views; Plan 14 of 17; date stamped 15/03/2017; xv. Courtyard Sectional Perspective; Plan 15 of 17; date stamped

15/03/2017; xvi. South-East and North-West Perspectives; Plan 16 of 17; date stamped

15/03/2017; and xvii. Shadow Casting Plan; Plan 17 of 17; date stamped 15/03/2017.

3. Prior to applying for a Building Permit, arrangements must be made to the

satisfaction of the City for the amalgamation of Lots 4, 5, 6 and 7 into one lot on a Certificate of Title, prior to occupation of the development.

4. The landowner is to make a contribution to the City of Swan in accordance with

City Policy POL-C-040 Midland District Drainage Development Reserve Fund, for the total site area of 4,048sqm. Payment shall be made prior to issue of a Building Permit application and prior to any work commencing on the site.

5. 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 respective lot(s). Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

“The lot is situated in the vicinity of a transport corridor (Lloyd Street) and is currently affected by transport noise.”

6. All stormwater produced from this property is to be collected and disposed into

the City’s drainage system via an internal system approved by the City. 7. A site management plan must be submitted and approved by the City prior to

any works commencing on the site. The site management plan is to address the following concerns: noise from carrying out work and from plant and trucks; hours of operation; light; dust; protection of existing roads, paths, services; site security; drainage; vibration management; fill; excavation and traffic management that relates to any works to take place on the site.

8. All construction works within the road reserve including crossovers, drainage

infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be built and maintained in accordance with the City's specifications. Failure to do so may result in these works being removed and reinstated by the City at the applicant's expense.



9. Redundant vehicle crossovers to be removed and the kerbing, verge, and footpath (where relevant) reinstated with grass or landscaping to the specifications of the City.

10. The basement level carpark must:

i. provide a minimum of 106 car parking spaces, 93 for residents and 13 for tandem visitor bays;

ii. each of the 13 tandem visitor bays must be allocated so that the bay containing the wheel stop is designated for resident parking and the bay to the rear is reserved solely for that unit, for the purposes of visitor parking only;

iii. provide 6 motorcycle parking spaces; iv. be constructed, sealed, kerbed, drained and marked prior to the

development being occupied and maintained thereafter; and v. comply with the above requirements for the duration of the development.

11. 10 on-street visitor car parking spaces must be provided for short-term parking along Wroxton Street. The car parking spaces must:

i. be constructed, sealed, kerbed, drained and marked prior to the development being occupied and maintained thereafter;

ii. be clearly delineated (by road marking and signage) and available for use, free of cost, to bone fide visitors of the occupants of the dwellings

the subject of this approval; and iii. comply with the above requirements for the duration of the

development.

The landowner/applicant shall enter into a legal arrangement with the City of Swan for the ongoing responsibility and maintenance of the visitor bays within the Wroxton Street road reserve. This must be executed prior to the occupation of the development.

12. 10 short-term bicycle parking spaces and 32 long-term bicycle parking spaces must be provided for the development in accordance with AS2890.3-1993, Parking facilities, Part 3: Bicycle parking facilities and constructed prior to occupancy of the development. The bicycle parking spaces must be retained and maintained in good and safe condition for the duration of the development.

13. The bin storage area must be constructed prior to the occupation of the

development and must be retained and maintained in good condition for the duration of the development.

14. The recommendations of the Herring Storer Acoustic Assessment (date of

issue 1 March 2017, Document Reference 21425-1-17043), being implemented at the necessary design and construction stages. All noise abatement measures shall be installed prior to the occupation of the development.

15. Prior to the occupation of the development, a final Acoustic Assessment must

be prepared and provided to the City which demonstrates to City’s satisfaction, that the completed development complies with the recommendations of the Herring Storer Acoustic Assessment (date of issue 1 March 2017, Document



Reference 21425-1-17043). Any outstanding works must be completed prior to occupation.

16. Prior to applying for a Building Permit, the standard of finish to the walls built up

to boundaries must be to the satisfaction of the adjoining owners or, in the case of a dispute, to the satisfaction of the City.

17. Prior to applying for a Building Permit, all service areas and service related

hardware, including antennae, satellite dishes and air-conditioning units, must be designed to be located away from public view and/or screened, and this design must be provided to, and approved by, the City.

18. The landscaping, paving and reticulation must be completed prior to the

occupation of the development, and must be maintained at all times to the satisfaction of the City for the duration of the development.

19. The landowner/applicant shall within 28 days of this approval, elect to either:

i. pay to the City the sum of $127,000 which equates to 1% of the


ii. seek approval from the City for an artist to provide Public Art on the development site to a minimum value of $127,000 (option 2).

If the election is Option 1, the cash-in-lieu amount must be paid to the City on the earlier of the date specified in an invoice issued by the City, or when an application is made for a building permit for the development the subject of the approval. If the election is Option 2:

i. the owner(s) or applicant on behalf of the owner(s) within a further 28 days following the election (or such longer period agreed by the City) must seek approval from the City for a specific Public Art work including the artist proposed to undertake the work. The City may apply further conditions regarding the proposed Public Art;

ii. no part of the development may be occupied or used unless the Public Art has been installed in accordance with an approval granted by the City;

iii. the Public Art approved must be maintained during the continuation of the development; and

iv. prior to the lodgement of a building permit application a Notification pursuant to section 70A of the Transfer of Land Act must be lodged against the certificate of title to the land on which the development is to be carried out, to make the proprietors and prospective purchasers aware of the preceding condition.

20. Public art shall be incorporated onto the façade of the transformer building

fronting Lloyd Street, with details to be submitted and approved prior to the lodgement of a Building Permit, to the satisfaction of the City. The approved public art shall be installed prior to occupation of the development.

21. Use of the site for the purpose approved shall not commence until an

Occupancy Permit is issued.



22. Additional screening measures on the southern side elevations to improve

privacy to the single residence on the southern boundary are to be submitted as part of the final plans, to the satisfaction of the City of Swan.

Advice Notes 1. This is a Development Approval of the City under its Local Planning Scheme



Building Permit application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

3. A Demolition Permit must be issued before any demolition work commences on

the site. 4. The noise generated by activities on-site, including machinery motors or

vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997. All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard. No works shall commence prior to 7.00 am without the City’s approval.

5. The applicant is required to ensure the development enables the collection of

the required number of refuse and recycling mobile garbage bins in a manner accessible to the City’s Waste Services.

REASON: In accordance with details contained in the Responsible Authority Report and Amending Motion. The Primary Motion (as amended) was put and CARRIED UNANIMOUSLY. PROCEDURAL MOTION Moved by: Mr Eugene Koltasz Seconded by: Ms Sheryl Chaffer That the MEJDAP meeting be adjourned for a period of 15 minutes. REASON: To allow the panel members and other attendees to have a refreshments break. The meeting was adjourned at 11.25am. The meeting reconvened at 11.40am.



8.3a Property Location: Lot 5 (No.91) Walyunga Road, Bullsbrook Application Details: Industry - Extractive Applicant: Rowe Group Owner: Stargaze Asset Pty Ltd

Responsible Authority: City of Swan DoP File No: DAP/16/01159

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Ms Sheryl Chaffer Seconded by: Mr Peter Addison That the Metro East JDAP resolves to: Approve DAP Application reference DAP/16/01159 and accompanying plans:

Dated 23 November 2016

Clearing Diagram (Rev. A) Dated 5 December 2016

Ultimate Contour Plan (Rev. A)

Pit Cross-Sections (Rev. B)

Pit Cross-Sections D-D (Rev. A)

Pit Cross-Sections E-E (Rev. A)

Site Layout (Rev. B) Dated 14 December 2016

Amenities Layout ( Rev. B)

Surface Water Management (Rev. C)

Layout of Operations - Overall (Rev. C)

Layout of Operations - Area C ( Rev. C)

Layout of Operations - Area D (Rev. C)

Vehicle Maintenance Area (Rev. B)

Volume Plan (Rev. B) in accordance with Clause 10.3(a) of the City of Swan Local Planning Scheme No. 17, subject to the following conditions: Conditions: 1. This decision constitutes planning approval only for an “Industry – Extractive”

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

2. In order to comply with the City of Swan Provision of Public Art Policy PO-LP-

1.10, the owner(s) or applicant on behalf of the owner(s) shall within 28 days of the grant of this approval elect either; (a) To pay to the City the sum of ($29,500) which equates to 1% of the




(b) Seek approval from the City for an artist to provide Public Art on the development site to a minimum value of ($29,500) (option 2).

If the election is Option 1, the cash-in-lieu amount must be paid to the City on the earlier of the date specified in an invoice issued by the City, or when an application is made for a building permit for the development the subject of the approval. If the election is Option 2: (a) the owner(s) or applicant on behalf of the owner(s) within a further 28

days following the election (or such longer period agreed by the City) must seek approval from the City for a specific Public Art work including the artist proposed to undertake the work. The City may apply further conditions regarding the proposed Public Art;

(b) no part of the development may be occupied or used unless the Public

Art has been installed in accordance with an approval granted by the City;

(c) the Public Art approved must be maintained during the continuation of

the development; and (d) prior to the lodgement of a building permit application a Notification

pursuant to Section 70A of the Transfer of Land Act must be lodged against the Certificate of Title to the land on which the development is to be carried out, to make the proprietors and prospective purchasers aware of the preceding condition.

3. Prior to the commencement of development, the landowner/applicant is to

widen the portion of Walyunga Road between the intersection of Great Northern Highway and the eastern side of the east crossover (ie. the vehicle exit) of the subject site, at their full cost and to the satisfaction of the City, to meet the relevant requirements of the Austroads Guide to the Design of Rural Roads AGRD03-10.

4. Sight line improvements, by way of vegetation clearing/pruning within the Great

Northern Highway and Walyunga Road reserves, as identified in the ‘Transport Impact Assessment’, prepared by Shawmac and dated 24 February 2017 (v5), are to occur to the satisfaction of the City (and on the advice of Main Roads with respect to Great Northern Highway) prior to the commencement of development.

5. The existing 'Renewal of Extractive Industries License Application’ applicable to

the subject site, prepared by Site Environmental Remediation Services and approved by the City on 18 October 2016, is to:

i. Be modified within 30 days of the date of this approval or prior to the

commencement of development (whichever event occurs sooner) to address the following, to the satisfaction of the City:

o Reference the increased excavation depth from 30m under the

previous planning approval to a maximum of 45m, which will



necessitate additional fill on the subject site to reinstate the existing topography of the land.

o Specify the timing (ie. to be upon expiration of the subject 3 year application) and extent of removal of all related plant, equipment, dangerous goods storage, additional personal facilities and amenities as well as containers and noise attenuation measures the subject of this application.

o Specify the timing (ie. to be upon expiration of the subject 3 year application), extent and species details of the replanting of Areas of D1, E and G, the subject of this application, with native vegetation.

ii. Have those rehabilitation measures (as specified above) undertaken

within 60 days of the expiration of the subject approval and thereafter completed to the satisfaction of the City.

6. A Dieback Survey of the site is to be undertaken prior to the commencement of

works by an accredited professional to determine if dieback is present on the site. If dieback is present on the site a management plan is to be prepared, approved by the City of Swan and implemented to prevent the spread within the site and to other sites to the satisfaction of the City.

7. A Dust Management Plan is to be prepared by the landowner/applicant,

endorsed by the City of Swan prior to the commencement of development and subsequently implemented for the life of the development. In addition to measures set out in the requisite Plan, where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented within the time and in the manner directed by the City of Swan Manager of Health & Building if it is considered that a dust nuisance exists.

8. A record must be made, kept on site and be made available on the request to the City of Swan Manager of Health & Building Services of all occurrences where site activity has ceased due to dust being observed crossing the site boundary. A record of the action taken to rectify the dust nuisance should also be made.

9. All truckloads of material shall be securely covered to prevent any dust escape

during transport. 10. Any dust accumulations produced from vehicle entry and exit from the site shall

be cleared by the applicant to the satisfaction of the City of Swan Manager of Health & Building Services.

11. A total of 33 parking bays shall be provided, each measuring a minimum of

5.4m x 2.4m, clearly marked on the ground and served by a minimum 6m wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5m is required. Disabled bays to comply with Australian Standard 2890.6 – Off-street parking for people with disabilities.

12. Vehicle access onto the site shall be restricted to that shown on the approved

site plan.



13. Vehicle parking areas, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

14. Any pavement on the site must be capable of accepting anticipated loadings

(including access ways, parking areas, storage and hard stands, where applicable). The City will not accept any responsibility for subsequent failure of any pavement.

15. A maximum 10km/h speed limit for all vehicles is to be maintained and

enforced on site. 16. Broadband reversing beepers are to be used exclusively on all vehicles at all

times. No tonal beepers are to be used on site. 17. Noise attenuation measures outlined in the 'Acoustic Assessment’, prepared by

Herring Storer Acoustics and dated December 2016 (v3), shall be implemented prior to the commencement of development and complied with at all times to the satisfaction of the City of Swan Manager of Health & Building Services.

18. Activities on site will be limited to the following:

Extraction operations and crushing and screening activities are to occur between 7am-7pm, Monday to Saturday.

Maintenance works are to occur between 6am and 10pm Monday to Saturday.

Blasting is to occur between 9am-5pm, Monday to Friday. Only one blast per week is permitted.

Transportation of material from the site is to occur between 7am-7pm, Monday to Saturday.

19. Provision must be made for access and facilities for use by people with

disabilities in accordance with provisions of the Building Code of Australia and Australian Standard 1428.1.

20. All stormwater is to be collected and contained onsite. No stormwater is to be

discharged from the property into other land or reserves. No dewatering to the Ellen Brook is to occur at any time.

21. Earthworks over the site and batters must be stabilised to prevent sand

blowing, and appropriate measures must be implemented within the time and in the manner directed by the City in the event that sand is blown or drifts from the site.

22. Earthworks, footings and/or structures are not to extend over any lot

boundaries. 23. Floodlights shall not be illuminated after 10:00 pm, with all illumination being

confined to the limits of the development or as otherwise approved by the City of Swan in writing.

24. Noise attenuation measures outlined in the 'Acoustic Assessment’, prepared by




25. The applicant is to ascertain the location and depth of any services that may

interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

26. The stockpiling area is to be setback a minimum of fifty (50) metres from the

Bush Forever Area and fencing is to be installed to protect and separate the area from the associated works to the satisfaction of the City of Swan.

27. The monitoring and treatment of weeds is to be undertaken on a quarterly basis

to the satisfaction of the City of Swan. 28. Any additional development, which is not in accordance with the application

(the subject of this approval) or any condition of approval, will require further approval.

Advice Notes: 1. This is a Development Approval of the City under its Local Planning Scheme


2. Development may be carried out only in accordance with the terms of the

application as approved herein and any approved plan. 3. Under the provisions of the Metropolitan Region Scheme, approval to

commence development must also be obtained from the Western Australian Planning Commission. Development must not be commenced until approval under the Metropolitan Region Scheme has been given, additionally to any other required approval, licence certificate or permission.

4. The landowner/applicant is advised that an excavation licence, as per the City’s

By-Law Relating to Extractive Industries (as amended) is to be obtained prior to the commencement of the proposed works.

5. This approval is not an authority to ignore any constraint to development on the

land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

6. Take notice that it is the responsibility of the applicant to advise the

landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Permit until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).




Building Permit application must be submitted to, and approved by the City’s Principal Building Surveyor prior to the erection of the proposed temporary buildings on site.

8. The proposed development is required to comply in all respects with the

Building Code of Australia and Health (Public Buildings) Regulations 1992. Plans and specifications which reflect these requirements are required to be submitted with the Building Permit application.

9. Embankment stabilisation shall be in accordance with the provisions of the

Building Code of Australia. 10. To enable your Building Permit Application to be assessed promptly, please

ensure a complete application is submitted to the City. To assist in preparing a complete Building Permit Application refer to the City of Swan Website (www.swan.wa.gov.au) and follow the links to Building Services Applicant Checklists. If you require assistance, please contact Customer Services on 9267 9267.

11. The City of Swan is authorised and liable for the maintenance and repair of

roads under its control within its boundary and pursuant to Section 84 of the Road Traffic Act. The City is authorised to recover costs from the applicant, for the repair and maintenance of these roads if any damage is caused as part of this development to the kerb, footpath, drainage pits, stormwater system, landscaping or signs located within the road reserve.

12. Kerbs, roadways, footpaths, open drains, stormwater pits, service authority pits,

and nature strips must be adequately protected during construction of the development.

13. The landowner, applicant or developer must notify the City if they wish to place,

store, use, obstruct and/or barricade the road reserve to assist in the development of this property.

14. The noise generated by activities on-site, including machinery motors or

vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997. All development works are to be carried out in accordance with control of noise practices set out in Section 6 of Australian Standard 2436-2010.

15. External lighting shall comply with the requirements of AS 4282 – Control of

Obtrusive Effects of Outdoor Lighting. 16. Due to the subject site’s proximity to the RAAF Pearce Base, the Department of

Defence advises that to mitigate any potential risk to aviation safety the landowner/applicant shall arrange for a Notice to Airmen (NOTAM) to be issued for the blasting. Information on the process for issuing a NOTAM can be obtained from Air Services Australia's NOTAM Office website via http://www.airservicesaustralia.com/flight-briefing/notam-originator/

http://www.swan.wa.gov.au/

http://www.airservicesaustralia.com/flight-briefing/notam-originator/



17. The development may be a Prescribed Premises under the Environmental

Protection Regulations 1987. If so, the applicant will need to apply to the Department of Environmental Regulation for a Works Approval under the Environmental Protection Act 1986.

18. Approval from the Department of Mines and Petroleum for the storage of

chemical/dangerous goods in accordance with the Dangerous Goods Regulations must be sought. For Further advice contact the Duty Inspector of the Explosives and Dangerous Goods Division on 9222 3333.

19. The proposal appears to be located within the Swan Groundwater Area,

proclaimed under the Rights in Water and Irrigation Act (1914), where there may be a requirement to obtain a licence for the use of groundwater and dewatering. The issue of a licence is not guaranteed but if issued will contain a number of conditions including the quantity of water that can be pumped each year. The proponent is encouraged to contact the Department of Water’s Swan Avon Region office on 6250 8000 to discuss water management options.

ALTERNATE RECOMMENDATION / PRIMARY MOTION Moved by: Cr Darryl Trease Seconded by: Cr Maria Haynes That the Metro East JDAP resolves to: Refuse DAP Application reference DAP/16/01159 and accompanying plans:














Volume Plan (Rev. B) in accordance with Clause 10.3(b) of the City of Swan Local Planning Scheme No. 17, for the following reasons: 1. The intensification of the existing Industry – Extractive activities on the subject

site and the proposed blasting extraction method will have a detrimental impact



on the amenity of surrounding neighbours, by virtue of increased dust, noise and vibrations emanating from the subject site and is therefore contrary to objectives (a) and (b) of the Landscape zone of the City’s Local Planning Scheme No. 17.

2. The proposal has not considered potential noise impacts on the existing

dwelling on abutting Lot 16 (No. 1928) Great Northern Highway, Bullsbrook, and in the absence of such information is considered to detrimentally impact on the amenity of that landowner.

The Alternate Recommendation / Primary Motion was put and LOST (2/3) For: Cr Darryl Trease Cr Maria Haynes Against: Mr Eugene Koltasz

Ms Sheryl Chaffer Mr Peter Addison

AMENDING MOTION Moved by: Cr Darryl Trease Seconded by: Cr Maria Haynes (i) To include a new Condition 29 (now Condition 28) to read as follows:

Movements of loaded trucks from the hard rock facility be restricted to south bound only from Walyunga Road onto Great Northern Highway.

(ii) To include a new Condition 30 (now Condition 29) to read as follows: A Bushfire Attack Level (BAL) Report and Bushfire Management Plan be prepared to the satisfaction of the City of Swan and submitted prior to commencement of operations.

REASON: To alleviate the concerns of nearby residents and to ensure that blasting will not create any potential fire hazard. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION Moved by: Mr Peter Addison Seconded by: Ms Sheryl Chaffer (i) To amend Condition 1 to read as follows:

This decision constitutes planning approval only for an "Industry - Extractive" and is valid for a period of three years from the date of commencement of operations.

REASON: To ensure that the Condition imposed is more appropriate to the application.



(ii) To amend Condition 5(i) dot point 3, to read as follows:

o Specify the timing (ie. to be upon expiration of the subject 3 year application), extent and species details of the replanting of Areas of D1 and G, the subject of this application, with native vegetation.

REASON: Removed reference to Area E as this area is currently utilised by the landowner/tenants for storage of equipment and materials associated with on site operations. (iii) To delete Condition 24 and re-number all remaining conditions accordingly. REASON: This Condition is a duplication of Condition 17. The Amending Motion was put and CARRIED (3/2). For: Mr Eugene Koltasz


Against: Cr Darryl Trease Cr Maria Haynes

PRIMARY MOTION (AS AMENDED) That the Metro East JDAP resolves to: Approve DAP Application reference DAP/16/01159 and accompanying plans:














Volume Plan (Rev. B) in accordance with Clause 10.3(a) of the City of Swan Local Planning Scheme No. 17, subject to the following conditions:



Conditions: 1. This decision constitutes planning approval only for an “Industry – Extractive”

and is valid for a period of three years from the date of commencement of operations.

2. In order to comply with the City of Swan Provision of Public Art Policy PO-LP-

1.10, the owner(s) or applicant on behalf of the owner(s) shall within 28 days of the grant of this approval elect either; (a) To pay to the City the sum of ($29,500) which equates to 1% of the


(b) Seek approval from the City for an artist to provide Public Art on the

development site to a minimum value of ($29,500) (option 2) If the election is Option 1, the cash-in-lieu amount must be paid to the City on the earlier of the date specified in an invoice issued by the City, or when an application is made for a building permit for the development the subject of the approval. If the election is Option 2: (a) the owner(s) or applicant on behalf of the owner(s) within a further 28

days following the election (or such longer period agreed by the City) must seek approval from the City for a specific Public Art work including the artist proposed to undertake the work. The City may apply further conditions regarding the proposed Public Art;

(b) no part of the development may be occupied or used unless the Public

Art has been installed in accordance with an approval granted by the City;

(c) the Public Art approved must be maintained during the continuation of

the development; and (d) prior to the lodgement of a building permit application a Notification

pursuant to Section 70A of the Transfer of Land Act must be lodged against the Certificate of Title to the land on which the development is to be carried out, to make the proprietors and prospective purchasers aware of the preceding condition.

3. Prior to the commencement of development, the landowner/applicant is to

widen the portion of Walyunga Road between the intersection of Great Northern Highway and the eastern side of the east crossover (ie. the vehicle exit) of the subject site, at their full cost and to the satisfaction of the City, to meet the relevant requirements of the Austroads Guide to the Design of Rural Roads AGRD03-10.

4. Sight line improvements, by way of vegetation clearing/pruning within the Great

Northern Highway and Walyunga Road reserves, as identified in the ‘Transport Impact Assessment’, prepared by Shawmac and dated 24 February 2017 (v5), are to occur to the satisfaction of the City (and on the advice of Main Roads



with respect to Great Northern Highway) prior to the commencement of development.

5. The existing 'Renewal of Extractive Industries License Application’ applicable to

the subject site, prepared by Site Environmental Remediation Services and approved by the City on 18 October 2016, is to:

i. Be modified within 30 days of the date of this approval or prior to the

commencement of development (whichever event occurs sooner) to address the following, to the satisfaction of the City: o Reference the increased excavation depth from 30m under the

previous planning approval to a maximum of 45m, which will necessitate additional fill on the subject site to reinstate the existing topography of the land.

o Specify the timing (ie. to be upon expiration of the subject 3 year application) and extent of removal of all related plant, equipment, dangerous goods storage, additional personal facilities and amenities as well as containers and noise attenuation measures the subject of this application.

o Specify the timing (ie. to be upon expiration of the subject 3 year application), extent and species details of the replanting of Areas of D1 and G, the subject of this application, with native vegetation.

ii. Have those rehabilitation measures (as specified above) undertaken

within 60 days of the expiration of the subject approval and thereafter completed to the satisfaction of the City.

6. A Dieback Survey of the site is to be undertaken prior to the commencement of

works by an accredited professional to determine if dieback is present on the site. If dieback is present on the site a management plan is to be prepared, approved by the City of Swan and implemented to prevent the spread within the site and to other sites to the satisfaction of the City.

7. A Dust Management Plan is to be prepared by the landowner/applicant,

endorsed by the City of Swan prior to the commencement of development and subsequently implemented for the life of the development. In addition to measures set out in the requisite Plan, where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented within the time and in the manner directed by the City of Swan Manager of Health & Building if it is considered that a dust nuisance exists.

8. A record must be made, kept on site and be made available on the request to the City of Swan Manager of Health & Building Services of all occurrences where site activity has ceased due to dust being observed crossing the site boundary. A record of the action taken to rectify the dust nuisance should also be made.

9. All truckloads of material shall be securely covered to prevent any dust escape

during transport.



10. Any dust accumulations produced from vehicle entry and exit from the site shall be cleared by the applicant to the satisfaction of the City of Swan Manager of Health & Building Services.

11. A total of 33 parking bays shall be provided, each measuring a minimum of

5.4m x 2.4m, clearly marked on the ground and served by a minimum 6m wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5m is required. Disabled bays to comply with Australian Standard 2890.6 – Off-street parking for people with disabilities.

12. Vehicle access onto the site shall be restricted to that shown on the approved

site plan. 13. Vehicle parking areas, access and circulation areas must be sealed, kerbed,

drained and maintained to the satisfaction of the City, in accordance with the approved plans.

14. Any pavement on the site must be capable of accepting anticipated loadings

(including access ways, parking areas, storage and hard stands, where applicable). The City will not accept any responsibility for subsequent failure of any pavement.

15. A maximum 10km/h speed limit for all vehicles is to be maintained and

enforced on site. 16. Broadband reversing beepers are to be used exclusively on all vehicles at all

times. No tonal beepers are to be used on site. 17. Noise attenuation measures outlined in the 'Acoustic Assessment’, prepared by


18. Activities on site will be limited to the following:

Extraction operations and crushing and screening activities are to occur between 7am-7pm, Monday to Saturday.

Maintenance works are to occur between 6am and 10pm Monday to Saturday.

Blasting is to occur between 9am-5pm, Monday to Friday. Only one blast per week is permitted.

Transportation of material from the site is to occur between 7am-7pm, Monday to Saturday.

19. Provision must be made for access and facilities for use by people with

disabilities in accordance with provisions of the Building Code of Australia and Australian Standard 1428.1.

20. All stormwater is to be collected and contained onsite. No stormwater is to be

discharged from the property into other land or reserves. No dewatering to the Ellen Brook is to occur at any time.

21. Earthworks over the site and batters must be stabilised to prevent sand

blowing, and appropriate measures must be implemented within the time and in



the manner directed by the City in the event that sand is blown or drifts from the site.

22. Earthworks, footings and/or structures are not to extend over any lot

boundaries. 23. Floodlights shall not be illuminated after 10:00 pm, with all illumination being

confined to the limits of the development or as otherwise approved by the City of Swan in writing.

24. The applicant is to ascertain the location and depth of any services that may

interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

25. The stockpiling area is to be setback a minimum of fifty (50) metres from the

Bush Forever Area and fencing is to be installed to protect and separate the area from the associated works to the satisfaction of the City of Swan.


to the satisfaction of the City of Swan. 27. Any additional development, which is not in accordance with the application

(the subject of this approval) or any condition of approval, will require further approval.

28. Movements of loaded trucks from the hard rock facility be restricted to south

bound only from Walyunga Road onto Great Northern Highway.

29. A Bushfire Attack Level (BAL) Report and Bushfire Management Plan be prepared to the satisfaction of the City of Swan and submitted prior to commencement of operations.

Advice Notes: 1. This is a Development Approval of the City under its Local Planning Scheme


2. Development may be carried out only in accordance with the terms of the

application as approved herein and any approved plan. 3. Under the provisions of the Metropolitan Region Scheme, approval to

commence development must also be obtained from the Western Australian Planning Commission. Development must not be commenced until approval under the Metropolitan Region Scheme has been given, additionally to any other required approval, licence certificate or permission.



4. The landowner/applicant is advised that an excavation licence, as per the City’s By-Law Relating to Extractive Industries (as amended) is to be obtained prior to the commencement of the proposed works.

5. This approval is not an authority to ignore any constraint to development on the

land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

6. Take notice that it is the responsibility of the applicant to advise the

landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Permit until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).


Building Permit application must be submitted to, and approved by the City’s Principal Building Surveyor prior to the erection of the proposed temporary buildings on site.

8. The proposed development is required to comply in all respects with the

Building Code of Australia and Health (Public Buildings) Regulations 1992. Plans and specifications which reflect these requirements are required to be submitted with the Building Permit application.

9. Embankment stabilisation shall be in accordance with the provisions of the

Building Code of Australia. 10. To enable your Building Permit Application to be assessed promptly, please

ensure a complete application is submitted to the City. To assist in preparing a complete Building Permit Application refer to the City of Swan Website (www.swan.wa.gov.au) and follow the links to Building Services Applicant Checklists. If you require assistance, please contact Customer Services on 9267 9267.

11. The City of Swan is authorised and liable for the maintenance and repair of

roads under its control within its boundary and pursuant to Section 84 of the Road Traffic Act. The City is authorised to recover costs from the applicant, for the repair and maintenance of these roads if any damage is caused as part of this development to the kerb, footpath, drainage pits, stormwater system, landscaping or signs located within the road reserve.

12. Kerbs, roadways, footpaths, open drains, stormwater pits, service authority pits,

and nature strips must be adequately protected during construction of the development.

http://www.swan.wa.gov.au/



13. The landowner, applicant or developer must notify the City if they wish to place, store, use, obstruct and/or barricade the road reserve to assist in the development of this property.

14. The noise generated by activities on-site, including machinery motors or

vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997. All development works are to be carried out in accordance with control of noise practices set out in Section 6 of Australian Standard 2436-2010.

15. External lighting shall comply with the requirements of AS 4282 – Control of

Obtrusive Effects of Outdoor Lighting. 16. Due to the subject site’s proximity to the RAAF Pearce Base, the Department of

Defence advises that to mitigate any potential risk to aviation safety the landowner/applicant shall arrange for a Notice to Airmen (NOTAM) to be issued for the blasting. Information on the process for issuing a NOTAM can be obtained from Air Services Australia's NOTAM Office website via http://www.airservicesaustralia.com/flight-briefing/notam-originator/

17. The development may be a Prescribed Premises under the Environmental

Protection Regulations 1987. If so, the applicant will need to apply to the Department of Environmental Regulation for a Works Approval under the Environmental Protection Act 1986.

18. Approval from the Department of Mines and Petroleum for the storage of

chemical/dangerous goods in accordance with the Dangerous Goods Regulations must be sought. For Further advice contact the Duty Inspector of the Explosives and Dangerous Goods Division on 9222 3333.

19. The proposal appears to be located within the Swan Groundwater Area,

proclaimed under the Rights in Water and Irrigation Act (1914), where there may be a requirement to obtain a licence for the use of groundwater and dewatering. The issue of a licence is not guaranteed but if issued will contain a number of conditions including the quantity of water that can be pumped each year. The proponent is encouraged to contact the Department of Water’s Swan Avon Region office on 6250 8000 to discuss water management options.

REASON: In accordance with details contained in the Responsible Authority Report and Amending Motions. The Primary Motion (as amended) was put and CARRIED (3/2). For: Mr Eugene Koltasz


Against: Cr Darryl Trease Cr Maria Haynes

http://www.airservicesaustralia.com/flight-briefing/notam-originator/



8.3b Property Location: Lot 5 (91) Walyunga Road, Bullsbrook Application Details: Proposed Extractive Industry Applicant: Rowe Group Owner: Mr Adrian Brajkovich, Stargaze Asset Pty Ltd

Responsible Authority: WAPC DoP File No: DAP/16/01159

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Ms Sheryl Chaffer Seconded by: Mr Peter Addison That the Metro East JDAP resolves to: Approve DAP Application reference DAP/16/01159 and accompanying plans dated 21 December 2016 by the Department of Planning, in accordance with Clause 32 of the Metropolitan Region Scheme, subject to the following conditions: Conditions

1. The extraction operation and rehabilitation of the land to be carried out in accordance with the submitted Application for Development Approval "Industry - Extractive, Lot 5 Walyunga Road, Bullsbrook" to the specifications of the City of Swan.

2. This approval is valid for a period of three (3) years from the date of this

decision. 3. Noise mitigation measures detailed within the Herring Storer Acoustics

Acoustic Assessment (Ref: 21214-1-16228): Liang O'Rourke and BGC Joint Venture - Lot 5 Walyunga Road, Bullsbrook (December 2016) being implemented to the specifications of the City of Swan, and to the satisfaction of the Western Australian Planning Commission.

4. Dust control measures outlined in the Project Management Plan - Lot 5 on

Plan 7892 Walyunga Road December 2016 shall be implemented and complied with at all times to the specifications of the City of Swan, and to the satisfaction of the Western Australian Planning Commission.

5. The existing crossover onto Great Northern Highway is to be removed and

verge reinstated with grass or landscaping to the specifications of Main Roads Western Australia, and to the satisfaction of the Western Australian Planning Commission.

6. Any stockpiling area is to be setback a minimum of 50 metres from the

boundary of Bush Forever Site No.412 and fencing is to be installed to protect and separate the site from the associated works to the specifications of the Department of Parks and Wildlife, and to the satisfaction of the Western Australian Planning Commission.

7. Prior to the commencement of excavation works for the purpose of this

approval, the applicant/proponent is to prepare a geotechnical report to determine whether groundwater is present at the full excavation depth to



the specifications of the Department of Parks, and Wildlife and to the satisfaction of the Western Australian Planning Commission. Should groundwater be encountered as part of the geotechnical report or during excavation works, the applicant/proponent is to prepare a dewatering plan to the specifications of the Department of Parks and Wildlife, and to the satisfaction of the Western Australian Planning Commission.

8. Measures to record the distribution of dieback and prevent its spread are to

be undertaken to the specifications of the Department of Parks and Wildlife, and to the satisfaction of the Western Australian Planning Commission.

9. The monitoring and treatment of weeds is to be undertaken on a quarterly

basis to the specifications of the Department of Parks and Wildlife, and to the satisfaction of the Western Australian Planning Commission.

10. A dilapidation survey of surrounding properties within 1 kilometre of the

blasting locations being undertaken to the satisfaction of the WAPC on advice of the City of Swan prior to the commencement of blasting activities.

Advice Notes 1. The applicant/proponent is advised that due to the volume and rate of material

proposed to be crushed and screened on site, the site is considered to be a prescribed premises for the purpose of the Environmental Protection Act 1986 and requires a Works Approval to be obtained from the Department of Environment Regulation.

AMENDING MOTION Moved by: Mr Peter Addison Seconded by: Ms Sheryl Chaffer (i) To amend Condition 2 to read as follows:

This approval is valid for a period of three (3) years from the date of commencement of operations.

(ii) To amend Condition 10 to read as follows:

A dilapidation service of surrounding properties be undertaken, where site access from landowners is granted, within 1 kilometre of the blasting locations to the satisfaction of the WAPC on advice of the City of Swan prior to the commencement of blasting activities.

(iii) To include a new Condition 11 to read as follows:

Movements of loaded trucks from the hard rock facility be restricted to south bound only from Walyunga Road onto Great Northern Highway.

(iv) To include a new Condition 12 to read as follows:



A Bushfire Attack Level (BAL) Report and Bushfire Management Plan be prepared to the satisfaction of the City of Swan and submitted prior to commencement of operations.

REASON: It was considered that the re-worded and additional Conditions was more appropriate to the nature of the approval. The Amending Motion was put and CARRIED (4/1). For: Mr Eugene Koltasz

Ms Sheryl Chaffer Mr Peter Addison Cr Maria Haynes

Against: Cr Darryl Trease PRIMARY MOTION (AS AMENDED) That the Metro East JDAP resolves to: Approve DAP Application reference DAP/16/01159 and accompanying plans dated 21 December 2016 by the Department of Planning, in accordance with Clause 32 of the Metropolitan Region Scheme, subject to the following conditions: Conditions 1. The extraction operation and rehabilitation of the land to be carried out in

accordance with the submitted Application for Development Approval "Industry - Extractive, Lot 5 Walyunga Road, Bullsbrook" to the specifications of the City of Swan.

2. This approval is valid for a period of three (3) years from the date of

commencement of operations. 3. Noise mitigation measures detailed within the Herring Storer Acoustics

Acoustic Assessment (Ref: 21214-1-16228): Liang O'Rourke and BGC Joint Venture - Lot 5 Walyunga Road, Bullsbrook (December 2016) being implemented to the specifications of the City of Swan, and to the satisfaction of the Western Australian Planning Commission.

4. Dust control measures outlined in the Project Management Plan - Lot 5 on Plan

7892 Walyunga Road December 2016 shall be implemented and complied with at all times to the specifications of the City of Swan, and to the satisfaction of the Western Australian Planning Commission.

5. The existing crossover onto Great Northern Highway is to be removed and

verge reinstated with grass or landscaping to the specifications of Main Roads Western Australia, and to the satisfaction of the Western Australian Planning Commission.

6. Any stockpiling area is to be setback a minimum of 50 metres from the

boundary of Bush Forever Site No.412 and fencing is to be installed to protect and separate the site from the associated works to the specifications of the



Department of Parks and Wildlife, and to the satisfaction of the Western Australian Planning Commission.

7. Prior to the commencement of excavation works for the purpose of this

approval, the applicant/proponent is to prepare a geotechnical report to determine whether groundwater is present at the full excavation depth to the specifications of the Department of Parks, and Wildlife and to the satisfaction of the Western Australian Planning Commission. Should groundwater be encountered as part of the geotechnical report or during excavation works, the applicant/proponent is to prepare a dewatering plan to the specifications of the Department of Parks and Wildlife, and to the satisfaction of the Western Australian Planning Commission.

8. Measures to record the distribution of dieback and prevent its spread are to be

undertaken to the specifications of the Department of Parks and Wildlife, and to the satisfaction of the Western Australian Planning Commission.


to the specifications of the Department of Parks and Wildlife, and to the satisfaction of the Western Australian Planning Commission.

10. A dilapidation survey of surrounding properties be undertaken, where site

access from landowners is granted, within 1 kilometre of the blasting locations to the satisfaction of the WAPC on advice of the City of Swan prior to the commencement of blasting activities.

11. Movements of loaded trucks from the hard rock facility be restricted to south

bound only from Walyunga Road onto Great Northern Highway. 12. A Bushfire Attack Level (BAL) Report and Bushfire Management Plan be

prepared to the satisfaction of the City of Swan and submitted prior to commencement of operations.

Advice Notes 1. The applicant/proponent is advised that due to the volume and rate of material

proposed to be crushed and screened on site, the site is considered to be a prescribed premises for the purpose of the Environmental Protection Act 1986 and requires a Works Approval to be obtained from the Department of Environment Regulation.

REASON: In accordance with details contained in the Responsible Authority Report and Amending Motion. The Primary Motion (as amended) was put and CARRIED (4/1). For: Mr Eugene Koltasz

Ms Sheryl Chaffer Mr Peter Addison Cr Maria Haynes

Against: Cr Darryl Trease



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

9.1 Property Location: Lot 9 (No. 550) Gossage Road, Oldbury Application Details: Proposed Extension to Sawmill Approval Applicant: Jarrahwood Australia Pty Ltd Owner: Roy Patrick McKernan

Responsible Authority: Shire of Serpentine Jarrahdale DoP File No: DAP/14/00628

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Cr Sandra Hawkins Seconded by: Cr Keith Ellis That the Metro East JDAP resolves to: 1. Accept that the DAP Application reference DAP/14/00628 as detailed on the

DAP Form 2 dated 04 January 2017 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DAP/14/00628 as detailed on the DAP

Form 2 dated 04 January 2017 and in accordance with the provisions of the Shire of Serpentine Jarrahdale Town Planning Scheme No. 2, for a two (2) year extension to the DAP Application reference DAP/14/00628 approved on 17 December 2014.

Amended Conditions The proposal is not seeking to amend any of the approved conditions. Advice Notes All other conditions and requirements detailed on the previous approval dated 14 January 2015 shall remain unless altered by this application. REASON: In accordance with details contained in the Responsible Authority Report. The Report Recommendation / Primary Motion was put and CARRIED UNANIMOUSLY. 10. Appeals to the State Administrative Tribunal

The following State Administrative Tribunal Application has been received:

City of Swan – Rehabilitation of former sand quarry – Lot 501 Adelaide Street, Hazelmere.

As invited by the State Administrative Tribunal under Section 31 of the State Administrative Act 2004, the Metro East JDAP will reconsider DAP/16/01115 for Lots 405, 406 and 407 (49) Great Eastern Highway, Bellevue on or before 24 April 2017.



As invited by the State Administrative Tribunal under Section 31 of the State Administrative Act 2004, the Metro East JDAP will reconsider DAP/16/01007 for Lot 357 (227) Morrison Road, Midvale on or before 17 May 2017.

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 1.09pm.

minutes of the metro east joint development … no. 116 10 april 2017 mr eugene koltasz presiding...

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