minutes of the metro south-west joint development ... daps... · minutes of the metro south-west...

MSWJDAP/81 15 October 2015

Mr Ian Birch Presiding Member, Metro South-West JDAP

Minutes of the Metro South-West Joint Development

Assessment Panel Meeting Date and Time: 15 October 2015; 10am Meeting Number: MSWJDAP/81 Meeting Venue: Department of Planning 140 William Street, Perth Attendance

DAP Members Mr Ian Birch (Presiding Member) Mr Christopher Antill (Deputy Presiding Member) Mr Rob Nicholson (Specialist Member) Cr Steven Portelli (Local Government Member, City of Cockburn) Cr Bart Houwen (Local Government Member, City of Cockburn) Cr Andrew Sullivan (Local Government Member, City of Fremantle) Cr Rachel Pemberton (Local Government Member, City of Fremantle) Cr Cliff Collinson (Local Government Member, Town of East Fremantle) Cr Sian Martin (Local Government Member, Town of East Fremantle) Officers in attendance Mr Paul Sewell (Department of Planning) Mr Jason Bouwhuis (Department of Planning) Ms Anika Chhabra (Department of Planning) Ms Natalie Martin-Goode (City of Fremantle) Mr Aaron Auguston (City of Fremantle) Mr Justin Lawrence (City of Fremantle) Mr Andrew Malone (Town of East Fremantle) Department of Planning Minute Secretary Mr Sean O’Connor Applicants and Submitters Mr Ben Amrom (Public Transport Authority) Mr Ross Hamilton (Public Transport Authority) Mr Alex Gregg (Gold Estates Holdings Pty Ltd) Mr Behnam Bordbar (Gold Estates Holdings Pty Ltd) Mr Don Bothwell (City of Cockburn) Mr Daniel Arndt (City of Cockburn) Mr Andrew Lefort (City of Cockburn) Mr Daniel Lees (TPG) Mr Alan Stewart (Rowe Group) Mr Alex Stevens (Rowe Group)



Ms Sally Matthews (Rowe Group) Ms Kathryn Netherwood (Lance Holt School) Ms Megan Cordin (MacDonald Jones Architects) Ms Harriet Drummond (MacDonald Jones Architects) Mr Paul Reed (Georgiou Group) Mr Joel Gajic (Aurecon Group) Mr John Macauley (Aecom) Members of the Public There were 5 members of the public in attendance 1. Declaration of Opening

The Presiding Member, Mr Ian Birch declared the meeting open at 10:18am on 15 October 2015 and acknowledged the past and present traditional owners and custodians of the land on which the meeting was being held.

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

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

2. Apologies

Cr Kevin Allen (City of Cockburn)

3. Members on Leave of absence

Nil

4. Noting of minutes

Minutes of the Metro South-West meeting No. 80 held on 2 October 2015 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 Alex Gregg and Mr Behnam Bordbar (Gold Estates Holdings Pty Ltd)

addressed the DAP against the application at Item 8.1.

7.2 Mr Daniel Arndt, Mr Andrew Lefort and Mr Charles Sullivan (City of Cockburn) addressed the DAP for the application at Item 8.1.

7.3 Mr Ben Amrom (Public Transport Authority) addressed the DAP for the

application at Item 8.1.

The presentations at Item 7.1, 7.2 and 7.3 were heard prior to the application at Item 8.1

7.4 Ms Kathryn Netherwood (Lance Holt School) addressed the DAP against the application at Item 8.3.

7.5 Mr John Dowson addressed the DAP against the application at Item 8.3. 7.6 Mr Alan Stewart (Rowe Group) addressed the DAP for the application at

Item 8.3.

The presentations at Item 7.4, 7.5 and 7.6 were heard prior to the application at Item 8.3

7.7 Ms Megan Cordin (MacDonald Jones Architects) addressed the DAP for the application at Item 8.4.

The presentation at Item 7.7 was heard prior to the application at Item 8.4

8. Form 1 - Responsible Authority Reports – DAP Applications

PROCEDURAL MOTION Moved by: Cr Bart Houwen Seconded by: Cr Steven Portelli

i. That the applications at Item 8.2, 8.3 and 8.4 be heard prior to the application at Item 8.1.

ii. That the application at Item 8.4 be heard prior to application at Item 8.3.

REASON: To change the order of proceedings, so complex applications are heard last. The Procedural Motion was put and CARRIED UNANIMOUSLY.



8.1 Property Location: Lot 645 Russell Road, Lot 77 Wentworth Parade and the Kwinana Freeway Primary Regional Road reservation

Application Details: Proposed Aubin Grove Train Station comprising the train station, two entry buildings, two overpasses, 2000 car parking bays and bus interchange

Applicant: Public Transport Authority Owner: Public Transport Authority and Main Roads

Western Australia

Responsible authority: Western Australian Planning Commission DoP File No: DAP/15/00857

PROCEDURAL MOTION Moved by: Mr Ian Birch Seconded by: Mr Christopher Antill That the JDAP Meeting be adjourned for a period of 10 minutes. REASON: For the Members to take a break as the meeting had passed the 2 hour mark. The Procedural Motion was put and CARRIED UNANIMOUSLY. PROCEDURAL MOTION Moved by: Mr Ian Birch Seconded by: Mr Christopher Antill That the JDAP Meeting resume. REASON: To reopen the meeting. The Procedural Motion was put and CARRIED UNANIMOUSLY REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Mr Robert Nicholson Seconded by: Mr Christopher Antill With the agreement of the mover and seconder the following changes were made to the report recommendation.

i. Correction of the Condition numbers to be in sequential order.

ii. Inclusion of a revised Condition 9, provided by the WAPC Officer which reads as follows:

9. Prior to commencing site works within the Western Power high voltage

corridor, the Public Transport Authority shall provide to Western Power studies detailing how the development below the overhead power lines will address the following electrical engineering terminology:



earth potential rise;

low frequency induction; and

electromagnetic field

for land covered by the Western Power easement(s) to the satisfaction of the Western Australian Planning Commission. Any mitigation works recommended by the studies shall be implemented to the satisfaction of Western Power.

That the Metro South-West JDAP resolves to: Approve DAP Application reference DAP/15/00857 and accompanying plans (Public Transport Authority Drawing Nos: DD03, DD10, DD11, DD15, DD16, DD19, DD20, DD23, DD25, DD26, DD29, DD31, DD35, DD36, DD37, LA001 and LA002) dated 27 July 2015 in accordance with the provisions of the Metropolitan Region Scheme, subject to the following conditions: Conditions Administrative 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. Any reference to the word 'PRELIMINARY' on the approved development plans is deleted.

Site Works

3. Prior to commencing site works, the Public Transport Authority shall prepare

and implement a Construction Management Plan to the satisfaction of the Western Australian Planning Commission on the advice of Main Roads Western Australia and the City of Cockburn that addresses the following:

dust;

noise;

any dewatering required;

the removal of surplus material; and

the areas designated for delivery and laydown and storage of equipment and machinery during construction

4. Prior to commencing site works to construct the station building, overpasses

and entry buildings, a schedule of the building materials, finishes and colours shall be submitted to the City of Cockburn.

5. Prior to commissioning (becoming operational) the Aubin Grove Train Station,

modifications to the local road network necessary to provide ingress and egress to the station and associated car parking areas shall be undertaken to



the satisfaction of the Western Australian Planning Commission on the advice of the City of Cockburn.

6. Prior to commissioning (becoming operational) the Aubin Grove Train Station, the following shall be undertaken:

a directional sign strategy shall be developed and provided to the City of Cockburn for its information;

the southern portion of the existing noise wall being repositioned along the northern and western boundaries of the proposed eastern car parking area as depicted within Figure 3 of the AECOM Environmental and Acoustic Engineering report dated 30 July 2015; and

boundary fencing shall be installed to a commensurate or better standard to fill existing gaps to all common boundaries abutting residential dwellings

to the satisfaction of the Western Australian Planning Commission.

7. All stormwater above and beyond the pre-development flows being contained and disposed of on-site in accordance with Australian Standard 3500.

Servicing and Easements 8. Satisfactory arrangements being entered into for the provision of any

necessary power infrastructure, land and easements to service the development to the satisfaction of the Western Australian Planning Commission.





electromagnetic field for land covered by the Western Power easement(s) to the satisfaction of the Western Australian Planning Commission. Any mitigation works recommended by the studies shall be implemented to the satisfaction of Western Power.

Transportation

10. Within six months of commissioning (becoming operational) the Aubin Grove

Train Station, the Public Transport Authority shall undertake an assessment of the existing localised transportation network to the satisfaction of the Western Australian Planning Commission on the advice of the City of Cockburn. In the event the assessment identifies shortcomings or deficiencies in the network that can be attributed to the use and operation of the Aubin Grove Train Station, reasonable solutions shall be identified and implemented to the



satisfaction of the Western Australian Planning Commission on the advice of the City of Cockburn.

11. Bicycle parking facilities shall be designed and constructed to comply with

Australian Standard 2890.3-1993 Parking facilities Part 3 - Bicycle parking facilities.

12. Pedestrian access ways, footpaths, ramps and pedestrian crossings shall be

designed and constructed in accordance with Australian Standard 1428.1 2009 - Design for access and mobility - General requirements for access - New building work.

13. Lamar Court is to be modified so that there is no access to and from Russell

Road. The Public Transport Authority is to prepare and submit engineering drawings for the modifications for the approval of the City of Cockburn prior to the works being undertaken.

Miscellaneous

14. Outdoor lighting shall be installed in accordance with the requirements of Australian Standard 4282-1997 - Control of the obtrusive effects of outdoor lighting.

15. Landscaping within the Western Power easement shall be in accordance with

the requirements of Western Power.

AMENDING MOTION Moved by: Cr Steven Portelli Seconded by: Mr Rob Nicholson To amend Condition 3 to read as follows: 3. Prior to commencing site works or as otherwise determined by the WAPC, the

Public Transport Authority shall prepare and implement a Construction Management Plan to the satisfaction of the Western Australian Planning Commission on the advice of Main Roads Western Australia and the City of Cockburn that addresses the following:

dust;

noise;




REASON: To allow for flexibility for when the Construction Management Plan is to be submitted, subject to the approval of the WAPC. The Amending Motion was put and CARRIED UNANIMOUSLY.



AMENDING MOTION Moved by: Cr Steve Portelli Seconded by: Mr Rob Nicholson To amend Condition 6 to read as follows: 6. Prior to commissioning (becoming operational) the Aubin Grove Train Station,

the following shall be undertaken:


the southern portion of the existing noise wall being repositioned along the northern and western boundaries of the proposed eastern car parking area as depicted within Figure 3 of the AECOM Environmental and Acoustic Engineering report dated 30 July 2015;

boundary fencing shall be installed to a commensurate or better standard to fill existing gaps to all common boundaries abutting residential dwellings;

a lighting strategy and plan shall be developed and implemented on advice from the City of Cockburn; and

A Landscaping plan is to be provided on advice of the City of Cockburn.

to the satisfaction of the Western Australian Planning Commission. REASON: To include the provision of a light strategy to ensure the station is lit appropriately. To include a landscaping plan which is to be prepared and meet the standards of the City of Cockburn. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION Moved by: Cr Steven Portelli Seconded by: Mr Christopher Antill To insert the following as a Condition: Prior to the commencement of works associated with the development hereby approved, the plans shall be modified to the satisfaction of the WAPC, on advice of the City of Cockburn, so that access to the rail station from Rutherford Entrance shall be restricted to pedestrians and cyclists only with no vehicle access being permitted. REASON: The use of the Rutherford entrance for vehicle access to the station carpark is considered inappropriate and unnecessary. The Amending Motion was put and CARRIED UNANIMOUSLY.



AMENDING MOTION Moved by: Cr Steven Portelli Seconded by: Nil To insert the following as Conditions i. Prior to occupation of the development hereby approved, infrastructure upgrades

to Russell Road and the Russell Road Bridge as contained in the approved plans shall be undertaken to the satisfaction of the City of Cockburn and Main Roads Western Australia.

ii. Prior to occupation of the development hereby approved, the intersection of Lyon

Road and Gibbs Road shall be upgraded to a signalised intersection to the specifications of the City of Cockburn and Main Roads Western Australia

The Amending Motion LAPSED for want of a seconder. AMENDING MOTION Moved by: Mr Ian Birch Seconded by: Mr Christopher Antill To amend Condition 5 to read as follows: 5. Prior to commissioning (becoming operational) the Aubin Grove Train Station,

modifications to the local road network necessary to provide ingress and egress to the station and associated car parking areas shall be undertaken to the satisfaction of the Western Australian Planning Commission on the advice of the City of Cockburn. This may include the intersection of Wentworth Parade and Car Park 1 access being upgraded to provide auxiliary turn lane(s).

REASON: To make specific note of the need to ensure that the entrance to carpark 1 from Wentworth Parade is designed for optimal operational efficiency The Amending Motion was put and CARRIED (4 /1). For: Mr Ian Birch Mr Christopher Antill Mr Robert Nicholson Cr Bart Houwen Against: Cr Steven Portelli



PRIMARY MOTION (AS AMENDED) That the Metro South-West JDAP resolves to: Approve DAP Application reference DAP/15/00857 and accompanying plans (Public Transport Authority Drawing Nos: DD03, DD10, DD11, DD15, DD16, DD19, DD20, DD23, DD25, DD26, DD29, DD31, DD35, DD36, DD37, LA001 and LA002) dated 27 July 2015 in accordance with the provisions of the Metropolitan Region Scheme, subject to the following conditions: Conditions

Administrative

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. Any reference to the word 'PRELIMINARY' on the approved development plans

is deleted. Site Works

3. Prior to commencing site works or as otherwise determined by the WAPC, the

Public Transport Authority shall prepare and implement a Construction Management Plan to the satisfaction of the Western Australian Planning Commission on the advice of Main Roads Western Australia and the City of Cockburn that addresses the following:

dust;

noise;




4. Prior to commencing site works to construct the station building, overpasses

and entry buildings, a schedule of the building materials, finishes and colours shall be submitted to the City of Cockburn.


modifications to the local road network necessary to provide ingress and egress to the station and associated car parking areas shall be undertaken to the satisfaction of the Western Australian Planning Commission on the advice of the City of Cockburn. This may include the intersection of Wentworth Parade and Car Park 1 access being upgraded to provide auxiliary turn lane(s).


the following shall be undertaken:


the southern portion of the existing noise wall being repositioned along the northern and western boundaries of the proposed eastern car



parking area as depicted within Figure 3 of the AECOM Environmental and Acoustic Engineering report dated 30 July 2015;

boundary fencing shall be installed to a commensurate or better standard to fill existing gaps to all common boundaries abutting residential dwellings;

a lighting strategy and plan shall be developed and implemented on advice from the City of Cockburn; and

A Landscaping plan is to be provided on advice of the City of Cockburn.

to the satisfaction of the Western Australian Planning Commission. 7. All stormwater above and beyond the pre-development flows being contained

and disposed of on-site in accordance with Australian Standard 3500. 8. Prior to the commencement of works associated with the development hereby

approved, the plans shall be modified to the satisfaction of the City of Cockburn so that access to the rail station from Rutherford Entrance shall be restricted to pedestrians and cyclists only with no vehicle access being permitted.

Servicing and Easements 9. Satisfactory arrangements being entered into for the provision of any

necessary power infrastructure, land and easements to service the development to the satisfaction of the Western Australian Planning Commission.





electromagnetic field for land covered by the Western Power easement(s) to the satisfaction of the Western Australian Planning Commission. Any mitigation works recommended by the studies shall be implemented to the satisfaction of Western Power.

Transportation

11. Within six months of commissioning (becoming operational) the Aubin Grove

Train Station, the Public Transport Authority shall undertake an assessment of the existing localised transportation network to the satisfaction of the Western Australian Planning Commission on the advice of the City of Cockburn. In the event the assessment identifies shortcomings or deficiencies in the network that can be attributed to the use and operation of the Aubin Grove Train Station, reasonable solutions shall be identified and implemented to the satisfaction of the Western Australian Planning Commission on the advice of the City of Cockburn.



12. Bicycle parking facilities shall be designed and constructed to comply with Australian Standard 2890.3-1993 Parking facilities Part 3 - Bicycle parking facilities.

13. Pedestrian access ways, footpaths, ramps and pedestrian crossings shall be

designed and constructed in accordance with Australian Standard 1428.1 2009 - Design for access and mobility - General requirements for access - New building work.

14. Lamar Court is to be modified so that there is no access to and from Russell

Road. The Public Transport Authority is to prepare and submit engineering drawings for the modifications for the approval of the City of Cockburn prior to the works being undertaken.

Miscellaneous

15. Outdoor lighting shall be installed in accordance with the requirements of Australian Standard 4282-1997 - Control of the obtrusive effects of outdoor lighting.

16. Landscaping within the Western Power easement shall be in accordance with

the requirements of Western Power. The Primary Motion (as amended) was put and CARRIED UNANIMOUSLY.



8.2 Property Location: No. 107 (Lot 8) Barfield Road (cnr Gaebler Road), Hammond Park

Application Details: Proposed 95 Grouped Dwellings Applicant: TPG Owner: Niche Hammond Park Pty Ltd

Responsible authority: City of Cockburn DoP File No: DAP/15/00877

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Cr Steven Portelli Seconded by: Cr Bart Houwen That the Metro South-West JDAP resolves to: Approve DAP Application DAP/14/00665 and accompanying plans A1.0, A1.1, A1.2, A1.3, A1.4, A1.5, A1.6, A1.7, A1.8, A10.00, A10.01, A10.02, A11.00, A11.01, A11.02, A12.00, A12.01, A12.02, A13.00, A13.01, A13.02, A14.00, A14.01, A14.02, A2.00, A2.01, A3.00, A3.01, A4.00, A4.01, A5.00, A5.01, A6.00, A6.01, A6.02, A7.00, A7.01, A7.02, A8.00, A8.01, A8.02, A9.00, A9.01 & A9.02 in accordance with Clause 10.3 of the City of Cockburn Town Planning Scheme No. 3 and Metropolitan Region Scheme as depicted on plans dated March 2015, April 2015 & October 2015 subject to the following conditions: Conditions 1. Prior to the lodgement of a Building Permit application for new buildings, the

submission of a detailed landscape plan for assessment and approval by the City is required. The Landscape Plan shall include the following:-

a) the location, number and type of proposed planting; b) the size of selected species at planting and maturity; c) those areas to be reticulated or irrigated; d) details of any common area lighting.

2. Landscaping is to be installed and reticulated in accordance with the

approved detailed landscape plan prior to the occupation of the dwellings. Landscaped areas are to be maintained thereafter in good order to the satisfaction of the City.

3. The submission of a detailed material, colours and finishes schedule for the

development, to be provided to the City’s satisfaction prior to the lodgement of a Building Permit application for new buildings. The details as agreed by the City are to be implemented and maintained in the development.

4. The required residential visitor parking bays shown on the approved plans

shall be clearly delineated (marked, signed) on-site, available for use within the development free of cost for the bona fide visitors of the occupants of the dwellings the subject of this approval, for the life of the development, and reflected as such on any strata plan as part of the common property of the strata scheme. No by-law pursuant to the Strata Titles Act 1985 shall be made that assigns any exclusive use of the visitor parking bays to any strata lot.



5. Car parking bays and access driveways shall be designed, constructed and maintained to comply with AS2890.1 to the satisfaction of the City. Details of the car parking bays and access driveways shall be submitted to the City for assessment and approval prior to the lodgement of a Building Permit application for new buildings.

6. All service areas and service related hardware, including antennae, satellite

dishes and air-conditioning units, being suitably located away from public view and/or screened to the satisfaction of the City.

7. Walls, fences and landscape areas are to be truncated within 1.5 metres of

where they adjoin vehicle access points, where a driveway and/or parking bay meets a public street or limited in height to 0.75 metres.

8. All stormwater being contained and disposed of on-site to the satisfaction of the City.

9. The development site must be connected to the reticulated sewerage system

of the Water Corporation before commencement of any use. 10. A Construction Management Plan is to be submitted to and approved by the

City prior to the lodgement of a Building Permit application for new buildings and all measures identified in the plan are to be implemented during the construction phase to the satisfaction of the City.

11. Prior to the lodgement of a Building Permit application for new buildings, a

Waste Management Plan shall be submitted to and approved by the City showing compliance with the City’s policy APD70 – Waste Management in Multiple Unit Developments. Provisions identified in the Waste Management Plan, which shall include recycling measures and management of residential waste, are to be implemented and maintained thereafter to the satisfaction of the City.

12. A Dust Management Plan shall be submitted to and approved by the City,

prior to any work commencing on-site. The approved Dust Management Plan shall be implemented thereafter, to the satisfaction of the City.

13. All earthworks, cleared land and batters must be stabilised to prevent sand or

dust blowing to the satisfaction of the City.

14. With respect to the dwellings identified as requiring Package A and C treatments in the Noise Management Plan prepared by Lloyd George Acoustics (ref 14072852-02; dated 1 October 2015), a further Acoustic Report shall be submitted to and approved by the City, prior to the lodgement of a Building Permit Application for new buildings, and implemented thereafter, to the satisfaction of the City.

15. Written confirmation from a recognised acoustic consultant that all

recommendations made in the Noise Management Plan prepared by Lloyd George Acoustics (ref 14072852-02; dated 1 October 2015) and the further Acoustic Report required under condition 14 have been incorporated into the proposed development, including the provision of suitable mechanical



ventilation or air conditioning as part of the Building Permit Application for new buildings.

16. The builder is to provide written confirmation that the requirements of the

Noise Management Plan prepared by Lloyd George Acoustics (ref 14072852-02; dated 1 October 2015) and the further Acoustic Report required under condition 14 have been incorporated into the completed development with the Form BA7 Completion Form, prior to occupation of the development.

17. Prior to occupation of the development, a notification, pursuant to section

165 of the Planning and Development Act 2005 shall be placed on the certificate of title of the lot advising of the existence of a hazard or other factor. Notice of this notification to be included on the deposited plan. The notification to state as follows:

“This lot is situated in the vicinity of the Kwinana Freeway and is currently affected, or may in the future be affected, by transport noise. Further information is available on request from the relevant local government offices.”

18. Details of the letter boxes and locations shall be submitted to and approved

by the City prior to the lodgement of a Building Permit Application for new buildings.

19. Prior the lodgement of a Building Permit Application for new buildings, plans

showing details of the provision of gates and stairs as required allowing pedestrian access to the outdoor living areas of all dwellings abutting Gaebler Road and Barfield Road shall be submitted to and approved to the satisfaction of the City.

20. Prior to occupation of the development the 23m wide reserve identified as

public open space shown on the submitted site plans is to be vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown.

21. Arrangements being made for the proposed public open space to be

developed by the landowner/applicant to a minimum standard and maintained for two summers through the implementation of an approved landscape plan providing for the development and maintenance of the proposed public open space in accordance with the requirements of Liveable Neighbourhoods and to the specifications of the local government.

22. The 12.7m wide public road as shown on the submitted site plans is to be

provided, constructed and drained at the landowner/applicants cost. The public road is to be vested in the Crown under Section 152 of the Planning and Development Act 2005, such land is to be ceded free of cost and without any payment of compensation by the Crown.

23. Prior to the submission of a Building Permit application for new buildings,

details are to be submitted to and approved by the City detailing the proposed six (6) vehicle visitor parking bays within the verge area of Barfield Road which



shall sealed kerbed, drained and line marked in accordance with the approved plans and specifications certified by a suitably qualified practicing Engineer to the satisfaction of the City.

24. Prior to the submission of a Building Permit application for new buildings,

details are to be submitted and approved by the City showing the provision of a 1.5m footpath within the Gaebler Road and Barfield Road road reserves to the satisfaction of the City. Footpaths shall be constructed to the satisfaction of the City.

25. Uniform fencing being constructed along the boundaries of all of the proposed

lots abutting public open space as marked on the submitted site plans to the satisfaction of the City.

26. The Bushfire Management Plan for Lot 8 Barfield Road, Hammond Park dated

January 2015 shall be implemented to the satisfaction of the City. 27. This decision constitutes planning approval only and is valid for a period of

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

Advice Notes

1. The application has been determined by the JDAP on the basis of the plans and information provided to the City for assessment.

2. This is a Planning Approval only and does not remove the responsibility of the

applicant/owner to comply with all relevant building, health and engineering requirements of the Council, or with any requirements of the City of Cockburn Town Planning Scheme No. 3. Prior to the commencement of any works associated with the development, a building permit is required.

3. The development is to comply with the requirements of the National

Construction Code. In this regard, it is recommended the City’s Building Services team should be consulted prior to the commencement of working drawings.

4. The parking bay/s, driveway/s and points of ingress and egress are to be

designed in accordance with the Australian Standard for Offstreet Carparking (AS2890.1) and are to be constructed, drained and marked in accordance with the design and specifications certified by a suitably qualified practicing Engineer and are to be completed prior to the development being occupied and thereafter maintained to the satisfaction of the City.

5. All stormwater drainage shall be designed in accordance with Australian

Standard AS3500.

6. Outdoor lighting if required, particularly illuminating ground floor entries must be in accordance with the requirements of Australian Standard AS 4282-1997: ‘Control of the Obtrusive of Outdoor Lighting’.



7. With regard to Condition 12 above, an Application for Approval of a Dust Management Plan form may be obtained from the City’s website, and must identify the mitigation and contingency measures proposed by the developer. Appropriate mitigation and contingency measures are outlined in the Department of Environment Regulation publication “Land development sites and impacts on air quality” (November 1996). The developer is further advised that Council approval may be required for bulk earthworks on Class 3 and 4 development sites between 1 October and 31 March the following year.

8. With regard to Condition 14 above, the acoustic report must be prepared by a

suitably qualified and recognised acoustic consultant and demonstrate that the design and location of plant and other sources of noise within the development (such as air-conditioners, entry gates) will not exceed the assigned noise levels set out in the Environmental Protection (Noise) Regulations 1997 (as amended).

9. All toilets, ensuites and kitchen facilities in the development are to be

provided with mechanical ventilation flued to the outside air, in accordance with the requirements of the National Construction Code (Building Code of Australia), the Sewerage (Lighting, Ventilation and Construction) Regulations 1971, Australian Standard S1668.2-1991 “The use of mechanical ventilation for acceptable indoor air quality” and the City of Cockburn Health Local Laws 2000. The City's Health Service further recommends that laundries without external windows and doors should be ventilated to external air and condensating clothes dryers installed.

10. With regards to condition 26 above, the individual dwellings shall be designed

and constructed in accordance with figure 5 BAL Ratings of the Bushfire Management Plan.

11. With regards to street numbering of this proposal, you are advised to contact

the City’s Strategic Planning team on 9411 3444 or email [email protected] to ensure that any street numbers used comply with the City’s requirements. This should be done prior to any sales contracts being drawn up.

12. Where an approval has so lapsed, no development shall be carried out

without further approval having first being sought and obtained, unless the applicant has applied and obtained Development Assessment Panel approval to extend the approval term under regulation 17(1)(a) of the Planning and Development (Development Assessment Panels) Regulations 2011.

mailto:[email protected]



AMENDING MOTION Moved by: Mr Rob Nicholson Seconded by: Mr Christopher Antill To amend Condition 24 to read as follows: 24. Prior to the submission of a Building Permit application for new buildings, details

are to be submitted and approved by the City showing the provision of a 1.5m footpath within the Gaebler Road and Barfield Road road reserves to the satisfaction of the City. Footpaths shall be constructed to the satisfaction of the City and paid for by the developer.

REASON: For clarity. The Amending Motion was put and CARRIED UNANIMOUSLY. REPORT RECOMMENDATION / PRIMARY MOTION (AS AMENDED) That the Metro South-West JDAP resolves to: Approve DAP Application DAP/14/00665 and accompanying plans A1.0, A1.1, A1.2, A1.3, A1.4, A1.5, A1.6, A1.7, A1.8, A10.00, A10.01, A10.02, A11.00, A11.01, A11.02, A12.00, A12.01, A12.02, A13.00, A13.01, A13.02, A14.00, A14.01, A14.02, A2.00, A2.01, A3.00, A3.01, A4.00, A4.01, A5.00, A5.01, A6.00, A6.01, A6.02, A7.00, A7.01, A7.02, A8.00, A8.01, A8.02, A9.00, A9.01 & A9.02 in accordance with Clause 10.3 of the City of Cockburn Town Planning Scheme No. 3 and Metropolitan Region Scheme as depicted on plans dated March 2015, April 2015 & October 2015 subject to the following conditions: Conditions 1. Prior to the lodgement of a Building Permit application for new buildings, the

submission of a detailed landscape plan for assessment and approval by the City is required. The Landscape Plan shall include the following:-

a) the location, number and type of proposed planting; b) the size of selected species at planting and maturity; c) those areas to be reticulated or irrigated; d) details of any common area lighting.

2. Landscaping is to be installed and reticulated in accordance with the approved

detailed landscape plan prior to the occupation of the dwellings. Landscaped areas are to be maintained thereafter in good order to the satisfaction of the City.

3. The submission of a detailed material, colours and finishes schedule for the

development, to be provided to the City’s satisfaction prior to the lodgement of a Building Permit application for new buildings. The details as agreed by the City are to be implemented and maintained in the development.



4. The required residential visitor parking bays shown on the approved plans shall be clearly delineated (marked, signed) on-site, available for use within the development free of cost for the bona fide visitors of the occupants of the dwellings the subject of this approval, for the life of the development, and reflected as such on any strata plan as part of the common property of the strata scheme. No by-law pursuant to the Strata Titles Act 1985 shall be made that assigns any exclusive use of the visitor parking bays to any strata lot.

5. Car parking bays and access driveways shall be designed, constructed and

maintained to comply with AS2890.1 to the satisfaction of the City. Details of the car parking bays and access driveways shall be submitted to the City for assessment and approval prior to the lodgement of a Building Permit application for new buildings.

6. All service areas and service related hardware, including antennae, satellite

dishes and air-conditioning units, being suitably located away from public view and/or screened to the satisfaction of the City.

7. Walls, fences and landscape areas are to be truncated within 1.5 metres of

where they adjoin vehicle access points, where a driveway and/or parking bay meets a public street or limited in height to 0.75 metres.

8. All stormwater being contained and disposed of on-site to the satisfaction of the City.

9. The development site must be connected to the reticulated sewerage system of

the Water Corporation before commencement of any use. 10. A Construction Management Plan is to be submitted to and approved by the City

prior to the lodgement of a Building Permit application for new buildings and all measures identified in the plan are to be implemented during the construction phase to the satisfaction of the City.

11. Prior to the lodgement of a Building Permit application for new buildings, a

Waste Management Plan shall be submitted to and approved by the City showing compliance with the City’s policy APD70 – Waste Management in Multiple Unit Developments. Provisions identified in the Waste Management Plan, which shall include recycling measures and management of residential waste, are to be implemented and maintained thereafter to the satisfaction of the City.

12. A Dust Management Plan shall be submitted to and approved by the City, prior

to any work commencing on-site. The approved Dust Management Plan shall be implemented thereafter, to the satisfaction of the City.

13. All earthworks, cleared land and batters must be stabilised to prevent sand or

dust blowing to the satisfaction of the City. 14. With respect to the dwellings identified as requiring Package A and C

treatments in the Noise Management Plan prepared by Lloyd George Acoustics (ref 14072852-02; dated 1 October 2015), a further Acoustic Report shall be submitted to and approved by the City, prior to the lodgement of a Building



Permit Application for new buildings, and implemented thereafter, to the satisfaction of the City.

15. Written confirmation from a recognised acoustic consultant that all

recommendations made in the Noise Management Plan prepared by Lloyd George Acoustics (ref 14072852-02; dated 1 October 2015) and the further Acoustic Report required under condition 14 have been incorporated into the proposed development, including the provision of suitable mechanical ventilation or air conditioning as part of the Building Permit Application for new buildings.

16. The builder is to provide written confirmation that the requirements of the Noise

Management Plan prepared by Lloyd George Acoustics (ref 14072852-02; dated 1 October 2015) and the further Acoustic Report required under condition 14 have been incorporated into the completed development with the Form BA7 Completion Form, prior to occupation of the development.

17. Prior to occupation of the development, a notification, pursuant to section 165

of the Planning and Development Act 2005 shall be placed on the certificate of title of the lot advising of the existence of a hazard or other factor. Notice of this notification to be included on the deposited plan. The notification to state as follows:

“This lot is situated in the vicinity of the Kwinana Freeway and is currently affected, or may in the future be affected, by transport noise. Further information is available on request from the relevant local government offices.”

18. Details of the letter boxes and locations shall be submitted to and approved by

the City prior to the lodgement of a Building Permit Application for new buildings.

19. Prior the lodgement of a Building Permit Application for new buildings, plans

showing details of the provision of gates and stairs as required allowing pedestrian access to the outdoor living areas of all dwellings abutting Gaebler Road and Barfield Road shall be submitted to and approved to the satisfaction of the City.

20. Prior to occupation of the development the 23m wide reserve identified as public

open space shown on the submitted site plans is to be vested in the Crown under Section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown.

21. Arrangements being made for the proposed public open space to be developed

by the landowner/applicant to a minimum standard and maintained for two summers through the implementation of an approved landscape plan providing for the development and maintenance of the proposed public open space in accordance with the requirements of Liveable Neighbourhoods and to the specifications of the local government.

22. The 12.7m wide public road as shown on the submitted site plans is to be

provided, constructed and drained at the landowner/applicants cost. The public road is to be vested in the Crown under Section 152 of the Planning and



Development Act 2005, such land is to be ceded free of cost and without any payment of compensation by the Crown.

23. Prior to the submission of a Building Permit application for new buildings, details

are to be submitted to and approved by the City detailing the proposed six (6) vehicle visitor parking bays within the verge area of Barfield Road which shall sealed kerbed, drained and line marked in accordance with the approved plans and specifications certified by a suitably qualified practicing Engineer to the satisfaction of the City.

24. Prior to the submission of a Building Permit application for new buildings, details

are to be submitted and approved by the City showing the provision of a 1.5m footpath within the Gaebler Road and Barfield Road road reserves to the satisfaction of the City. Footpaths shall be constructed to the satisfaction of the City and paid for by the developer.

25. Uniform fencing being constructed along the boundaries of all of the proposed

lots abutting public open space as marked on the submitted site plans to the satisfaction of the City.

26. The Bushfire Management Plan for Lot 8 Barfield Road, Hammond Park dated

January 2015 shall be implemented to the satisfaction of the City. 27. This decision constitutes planning approval only and is valid for a period of two

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

Advice Notes

1. The application has been determined by the JDAP on the basis of the plans

and information provided to the City for assessment. 2. This is a Planning Approval only and does not remove the responsibility of the

applicant/owner to comply with all relevant building, health and engineering requirements of the Council, or with any requirements of the City of Cockburn Town Planning Scheme No. 3. Prior to the commencement of any works associated with the development, a building permit is required.

3. The development is to comply with the requirements of the National

Construction Code. In this regard, it is recommended the City’s Building Services team should be consulted prior to the commencement of working drawings.

4. The parking bay/s, driveway/s and points of ingress and egress are to be

designed in accordance with the Australian Standard for Offstreet Carparking (AS2890.1) and are to be constructed, drained and marked in accordance with the design and specifications certified by a suitably qualified practicing Engineer and are to be completed prior to the development being occupied and thereafter maintained to the satisfaction of the City.

5. All stormwater drainage shall be designed in accordance with Australian

Standard AS3500.



6. Outdoor lighting if required, particularly illuminating ground floor entries must be in accordance with the requirements of Australian Standard AS 4282-1997: ‘Control of the Obtrusive of Outdoor Lighting’.

7. With regard to Condition 12 above, an Application for Approval of a Dust

Management Plan form may be obtained from the City’s website, and must identify the mitigation and contingency measures proposed by the developer. Appropriate mitigation and contingency measures are outlined in the Department of Environment Regulation publication “Land development sites and impacts on air quality” (November 1996). The developer is further advised that Council approval may be required for bulk earthworks on Class 3 and 4 development sites between 1 October and 31 March the following year.

8. With regard to Condition 14 above, the acoustic report must be prepared by a

suitably qualified and recognised acoustic consultant and demonstrate that the design and location of plant and other sources of noise within the development (such as air-conditioners, entry gates) will not exceed the assigned noise levels set out in the Environmental Protection (Noise) Regulations 1997 (as amended).

9. All toilets, ensuites and kitchen facilities in the development are to be provided

with mechanical ventilation flued to the outside air, in accordance with the requirements of the National Construction Code (Building Code of Australia), the Sewerage (Lighting, Ventilation and Construction) Regulations 1971, Australian Standard S1668.2-1991 “The use of mechanical ventilation for acceptable indoor air quality” and the City of Cockburn Health Local Laws 2000. The City's Health Service further recommends that laundries without external windows and doors should be ventilated to external air and condensating clothes dryers installed.

10. With regards to condition 26 above, the individual dwellings shall be designed

and constructed in accordance with figure 5 BAL Ratings of the Bushfire Management Plan.

11. With regards to street numbering of this proposal, you are advised to contact

the City’s Strategic Planning team on 9411 3444 or email [email protected] to ensure that any street numbers used comply with the City’s requirements. This should be done prior to any sales contracts being drawn up.

12. Where an approval has so lapsed, no development shall be carried out without

further approval having first being sought and obtained, unless the applicant has applied and obtained Development Assessment Panel approval to extend the approval term under regulation 17(1)(a) of the Planning and Development (Development Assessment Panels) Regulations 2011.

The Primary Motion (as amended) was put and CARRIED UNANIMOUSLY. Cr Bart Houwen left the panel at 10:30am Cr Steven Portelli left the panel at 10:30am Cr Sian Martin joined the panel at 10:30am Cr Cliff Collinson joined the panel at 10:30am

mailto:[email protected]



8.3 Property Location: No. 7 (Lots 59 & 60) Henry Street, Fremantle Application Details: Partial demolition of existing building &

construction of five storey building (Office & 22 Multiple Dwellings)

Applicant: Rowe Group Owner: Henry Street Project Pty Ltd

Responsible authority: City of Fremantle DoP File No: DAP/15/00849

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Cr Andrew Sullivan Seconded by: Cr Rachel Pemberton That the Metro South-West JDAP resolves to: APPROVE DAP Application reference DAP/15/00849 and accompanying plans A2.01, A2.02, A2.03, A2.04, A2.05, A2.06, A3.00, A3.01, in accordance with Clause 10.3.1 of the City of Fremantle Local Planning Scheme No. 4, in accordance with the plans dated 21 September 2015 subject to the following conditions: Conditions: 1. This approval relates only to the development as indicated on the approved

plans, dated 21 September 2015. It does not relate to any other development on this lot and must substantially commence within four years from the date of this decision letter.

2. Notwithstanding condition 1 of this approval, prior to the issue of a Building

Permit, the plans hereby approved shall be modified and/or additional details providing dealing with the following matters;

a) The most upper (fourth) floor of the development be deleted and the

internal layout of the two effected dwellings be modified accordingly; b) The external wall height (excepting balustrades to the rear ‘communal

roof terrace’ of the proposal being modified so that it is not more than 14m above natural ground level; and,

(i) All dwellings shall be provided with a storage area pursuant to design element 6.4.6 (P6) of the Residential Design Codes.

(ii) Air-conditioning equipment being relocated from balcony areas or appropriately enclosed/screened.

The modifications and details are to be reflected on the Building Permit application to the satisfaction of the Chief Executive Officer – City of Fremantle, on advice of the Design Advisory Committee.

3. All storm water discharge shall be contained and disposed of on site or

otherwise approved by the Chief Executive Officer – City of Fremantle.

4. Prior to the issue of a Building Permit, the applicant shall submit the following information to the satisfaction of the Chief Executive Officer – City of Fremantle having regard to advice from the Design Advisory Committee:



(i) additional detail relating to colour, texture and material arrangement for final facade finishes;

(ii) provision of 3D perspectives demonstrating the proper retention of the existing brick pier including return;

And any modifications made to the proposal thereto shall be reflected on the Building Permit application.

5. Prior to occupation, measures to ensure the safe interface between vehicles

and pedestrians at the junction of the access way on the southern boundary of the subject site and Henry Street shall be installed and thereafter maintained, to the satisfaction of the Chief Executive Officer – City of Fremantle, on advice of the Coordinator Traffic and Civil Projects.

6. Prior to occupation, Lots 59 & 60 Henry Street, Fremantle are to be legally

amalgamated or alternatively the owner may enter into a legal agreement with the City of Fremantle, drafted by the City’s solicitors at the expense of the owner and be executed by all parties concerned prior to the commencement of the works. The legal agreement will specify measures to allow the development approval to operate having regard to the subject site consisting of two separate lots, to the satisfaction of the Chief Executive Officer, City of Fremantle.

7. Prior to occupation the design and materials of the development shall adhere to

the requirements set out within City of Fremantle policy L.P.P2.3 - Fremantle Port Buffer Area Development Guidelines for properties contained within Area 2. Specifically, the development shall provide the following:

i. Glazing to windows and other openings shall be laminated safety glass of

minimum thickness of 6mm or “double glazed” utilising laminated or toughened safety glass of a minimum thickness of 3mm.

ii. Air conditioners shall provide internal centrally located ‘shut down’ points and associated procedures for emergency use.

iii. Roof insulation in accordance with the requirements of the Building Codes of Australia.

8. Prior to occupation, the boundary wall located on the western, northern and

southern boundaries shall be of a clean finish in either;

coloured sand render;

face brick;

painted surface; or,

other approved finish

and be thereafter maintained to the satisfaction of the Chief Executive Officer - City of Fremantle.

9. The design and construction of the development is to meet the 4 star green star

standard as per Local Planning Policy 2.13 or alternatively to an equivalent standard as agreed upon by the Chief Executive Officer, City of Fremantle. Any costs associated with generating, reviewing or modifying the alternative equivalent standard is to be incurred by the owner of the development site. Twelve (12) months after practical completion of the development, the owner



shall submit either of the following to the City to the satisfaction of the Chief Executive Officer – City of Fremantle

a copy of documentation from the Green Building Council of Australia certifying that the development achieves a Green Star Rating of at least 4 Stars, or

a copy of agreed equivalent documentation certifying that the development achieves a Green Star Rating of at least 4 Stars.

10. Prior to occupation, the owner shall contribute a monetary amount equal in

value to one percent of the estimated development cost, as indicated on the Form of Application for Planning Approval, to the City of Fremantle for development of public art works and/or heritage works to enhance the public realm. Based on the estimated cost of the development being $7,015,000 the contribution to be made is $70,150.

11. The car stacking equipment shown on the plans hereby approved being designed, installed and maintained thereafter in order to allow for access and egress of stacked vehicles independent of other vehicles, to the satisfaction of the Chief Executive Officer, City of Fremantle.

ADVICE NOTE(S)

i. In relation to condition 10 relating to the public art contribution, the applicant is advised that council may waive the requirement for the public art/heritage work contribution in accordance with clause 6 of lpp 2.19 where the development incorporates public art in the development to the same value as that specified in condition 10 that is located in a position clearly visible to the general public on the site of the development. In determining the appropriateness and artistic merit of the public art, council shall seek relevant professional advice.

ii. Where the applicant seeks to dispose of storm water off-site, the

applicant is advised to contact the city of fremantle’s infrastructure projects department for further advice on a suitable drainage solution, whether by maintaining the current/existing connection or through surface flow into the drainage system.

iii. In regards to the provision of additional storage areas, at least 1 area

shall be provided per dwelling. Alternate solutions such as over-head areas, smaller cage areas or areas of a lesser dimension than specified in the deemed-to-comply criteria of the r-codes may be available to applicant as a solution.

iv. It is recommended that the applicant and/or owner submit a construction

management plan to the city to the satisfaction of the chief executive officer – city of fremantle addressing the following matters:

a) Use of City car parking bays for construction related activities; b) Protection of infrastructure and street trees within the road reserve; c) Security fencing around construction sites; d) Gantries;



e) Access to site by construction vehicles; f) Contact details; g) Site offices; h) Noise - Construction work and deliveries; i) Sand drift and dust management; j) Waste management; k) Dewatering; l) Traffic management; and m) Works affecting pedestrian areas.

The Demolition and Construction Management Plan shall be adhered to throughout the demolition of the existing building on site and construction of the new development. It is advised that Local Planning Policy 1.10 is reviewed in formulating the Demolition and Construction Management Plan.

The Report Recommendation/Primary Motion was put and LOST (2 / 3). For: Cr Andrew Sullivan Cr Rachel Pemberton Against: Mr Ian Birch Mr Christopher Antill Mr Robert Nicholson



REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Mr Ian Birch Seconded by: Mr Christopher Antill

With the agreement of the mover and seconder, Conditions 2a and 2b were removed from the recommendation.

That the Metro South-West JDAP resolves to: APPROVE DAP Application reference DAP/15/00849 and accompanying plans A2.01, A2.02, A2.03, A2.04, A2.05, A2.06, A3.00, A3.01, in accordance with Clause 10.3.1 of the City of Fremantle Local Planning Scheme No. 4, in accordance with the plans dated 21 September 2015 subject to the following conditions: Conditions: 1. This approval relates only to the development as indicated on the approved

plans, dated 21 September 2015. It does not relate to any other development on this lot and must substantially commence within four years from the date of this decision letter.

2. Notwithstanding condition 1 of this approval, prior to the issue of a Building

Permit, the plans hereby approved shall be modified and/or additional details providing dealing with the following matters;

(i) All dwellings shall be provided with a storage area pursuant to design

element 6.4.6 (P6) of the Residential Design Codes. (ii) Air-conditioning equipment being relocated from balcony areas or

appropriately enclosed/screened.

The modifications and details are to be reflected on the Building Permit application to the satisfaction of the Chief Executive Officer – City of Fremantle, on advice of the Design Advisory Committee.

3. All storm water discharge shall be contained and disposed of on site or

otherwise approved by the Chief Executive Officer – City of Fremantle.

4. Prior to the issue of a Building Permit, the applicant shall submit the following information to the satisfaction of the Chief Executive Officer – City of Fremantle having regard to advice from the Design Advisory Committee: (i) additional detail relating to colour, texture and material arrangement for

final facade finishes; (ii) provision of 3D perspectives demonstrating the proper retention of the

existing brick pier including return;

And any modifications made to the proposal thereto shall be reflected on the Building Permit application.

5. Prior to occupation, measures to ensure the safe interface between vehicles

and pedestrians at the junction of the access way on the southern boundary of the subject site and Henry Street shall be installed and thereafter maintained,



to the satisfaction of the Chief Executive Officer – City of Fremantle, on advice of the Coordinator Traffic and Civil Projects.

6. Prior to occupation, Lots 59 & 60 Henry Street, Fremantle are to be legally

amalgamated or alternatively the owner may enter into a legal agreement with the City of Fremantle, drafted by the City’s solicitors at the expense of the owner and be executed by all parties concerned prior to the commencement of the works. The legal agreement will specify measures to allow the development approval to operate having regard to the subject site consisting of two separate lots, to the satisfaction of the Chief Executive Officer, City of Fremantle.

7. Prior to occupation the design and materials of the development shall adhere to

the requirements set out within City of Fremantle policy L.P.P2.3 - Fremantle Port Buffer Area Development Guidelines for properties contained within Area 2. Specifically, the development shall provide the following:

i. Glazing to windows and other openings shall be laminated safety glass of

minimum thickness of 6mm or “double glazed” utilising laminated or toughened safety glass of a minimum thickness of 3mm.

ii. Air conditioners shall provide internal centrally located ‘shut down’ points and associated procedures for emergency use.

iii. Roof insulation in accordance with the requirements of the Building Codes of Australia.

8. Prior to occupation, the boundary wall located on the western, northern and

southern boundaries shall be of a clean finish in either;

coloured sand render;

face brick;

painted surface; or,

other approved finish

and be thereafter maintained to the satisfaction of the Chief Executive Officer - City of Fremantle.

9. The design and construction of the development is to meet the 4 star green star

standard as per Local Planning Policy 2.13 or alternatively to an equivalent standard as agreed upon by the Chief Executive Officer, City of Fremantle. Any costs associated with generating, reviewing or modifying the alternative equivalent standard is to be incurred by the owner of the development site. Twelve (12) months after practical completion of the development, the owner shall submit either of the following to the City to the satisfaction of the Chief Executive Officer – City of Fremantle

a copy of documentation from the Green Building Council of Australia certifying that the development achieves a Green Star Rating of at least 4 Stars, or

a copy of agreed equivalent documentation certifying that the development achieves a Green Star Rating of at least 4 Stars.

10. Prior to occupation, the owner shall contribute a monetary amount equal in

value to one percent of the estimated development cost, as indicated on the Form of Application for Planning Approval, to the City of Fremantle for



development of public art works and/or heritage works to enhance the public realm. Based on the estimated cost of the development being $7,015,000 the contribution to be made is $70,150.

11. The car stacking equipment shown on the plans hereby approved being designed, installed and maintained thereafter in order to allow for access and egress of stacked vehicles independent of other vehicles, to the satisfaction of the Chief Executive Officer, City of Fremantle.

ADVICE NOTE(S)

i. In relation to condition 10 relating to the public art contribution, the applicant is advised that council may waive the requirement for the public art/heritage work contribution in accordance with clause 6 of lpp 2.19 where the development incorporates public art in the development to the same value as that specified in condition 10 that is located in a position clearly visible to the general public on the site of the development. In determining the appropriateness and artistic merit of the public art, council shall seek relevant professional advice.

ii. Where the applicant seeks to dispose of storm water off-site, the

applicant is advised to contact the city of fremantle’s infrastructure projects department for further advice on a suitable drainage solution, whether by maintaining the current/existing connection or through surface flow into the drainage system.

iii. In regards to the provision of additional storage areas, at least 1 area

shall be provided per dwelling. Alternate solutions such as over-head areas, smaller cage areas or areas of a lesser dimension than specified in the deemed-to-comply criteria of the r-codes may be available to applicant as a solution.

iv. It is recommended that the applicant and/or owner submit a construction management plan to the city to the satisfaction of the chief executive officer – city of fremantle addressing the following matters:

a) Use of City car parking bays for construction related activities; b) Protection of infrastructure and street trees within the road reserve; c) Security fencing around construction sites; d) Gantries; e) Access to site by construction vehicles; f) Contact details; g) Site offices; h) Noise - Construction work and deliveries; i) Sand drift and dust management; j) Waste management; k) Dewatering; l) Traffic management; and m) Works affecting pedestrian areas.

The Demolition and Construction Management Plan shall be adhered to throughout the demolition of the existing building on site and construction of the new development. It is advised that Local Planning Policy 1.10 is



reviewed in formulating the Demolition and Construction Management Plan.

The Report Recommendation/Primary Motion was put and LOST (2 / 3). For: Mr Ian Birch Mr Christopher Antill Against: Mr Robert Nicholson Cr Andrew Sullivan Cr Rachel Pemberton

PROCEDURAL MOTION

Moved by: Mr Ian Birch Seconded by: Mr Christopher Antill That the Metro South-West Joint Development Assessment Panel resolves to defer DAP Application reference DAP/15/00849 to address the following:

1. For the applicant to produce plans that meet the requirements of the City of Fremantle, in regard to Conditions 2a and 2b; and

2. For the City of Fremantle to submit their Responsible Authority Report in light of the revised plans within 28 days (12 November 2015).

REASON: The current plans, if approved with Conditions 2a and 2b, result in uncertainty in what was being approved. The Procedural Motion was put and CARRIED UNANIMOUSLY. Cr Andrew Sullivan left the panel at 12:18pm Cr Rachel Pemberton left the panel at 12:18pm Cr Steven Portelli joined the panel at 12:18pm Cr Bart Houwen joined the panel at 12:18pm



8.4 Property Location: George Street 90 (Lot 535, 536, 537, 538), East Fremantle

Application Details: Mixed Use Development Applicant: McDonald Jones Architect Owner: Russell Halpern Nominees

Responsible authority: Town of East Fremantle DoP File No: DAP/15/00854

REPORT RECOMMENDATION / PRIMARY MOTION With the approval of the mover and seconder Condition 3 was amended as per the Town of East Fremantle Town Planning and Building Committee recommendation on 6 October 2015 and Condition 13 was removed. Moved by: Cr Sian Martin Seconded by: Cr Cliff Collinson That the Metro South West JDAP resolves to: Approve: DAP Application reference DP/15/00854 (Town of East Fremantle Ref P78/15) and accompanying plans and information date stamp received 23 September 2015 in accordance with the Town of East Fremantle Town Planning Scheme No. 3, subject to the following conditions:

Conditions

1. The applicant / owner shall prior to the submission of a Building Permit, submit to Council revised plans demonstrating compliance with the residential car parking standards and commercial car parking standards (based on 2 on-street car parking bays and 2 reciprocal commercial / visitor car parking bays) of the Town Planning Scheme and Residential Design Codes, based as follows:

Type No. Required No. Provided

Residential Small (<75m2 or 1 bedroom)

0.75 (3.0) 3.0

Residential Medium (75-110m²) 1.0 (3.0) 3.0

Residential Large (>110m²) 1.25 (1.25) 2.0

Visitors car parking spaces (per dwelling)

0.25 (2.0) -

Commercial 4.0 (4.0) 2.0 (Street)

Residential Visitor / Commercial Reciprocal

- 2.0

Total 13.25 (14) 12.0

Should the landowner be unable to comply with the above requirement, the

landowner shall prior to the submission of an application for Building Permit the owner of the land shall pay to the Town of East Fremantle (Town) $9,000 per car parking bay shortfall, representing the owner's contribution (Contribution) to works and activities undertaken in the management of Parking and Access in the George Street Precinct and surrounding residential areas in accordance



with the Council’s Local Planning Policy “George Street Mixed Use Precinct New Development Contribution To The Management of Access and Parking”. No use of this development, the subject of this approval, may be commenced prior to the receipt of the Contribution by the Town.

The Contribution is to be held in trust by the Town, and may be used for the

purposes of funding in whole or in part the development of a strategy plan and carrying out works and actions as recommended in the George Street Parking and Traffic Management Plan.

2. Revised plans being submitted to the satisfaction of the Chief Executive Officer

which allow for exposure of a significant portion of the adjacent parapet limestone wall to the west.

3. Plans submitted prior to the submission of a building permit detailing the

articulation of tone, texture and/or profile of the final eastern façade treatment, to the satisfaction and approval of the Chief Executive Officer.

4. Commercial unit shall only operate between the hours of 8.00am and 6.00pm

Monday to Sunday based on a reciprocal car parking arrangement with the residential visitor car parking bays.

5. Two (2) residential / commercial visitor car parking bays to be provided within

the car parking area on-site and to be clearly demarcated for the purposes of visitor / commercial utilisation at all times.

6. Appropriate signage to be provided to the front entrance to indicate visitor /

commercial car parking is available within the development. The signage to be clearly visible and shall be approved to the satisfaction of the Chief Executive Officer prior to an application for a Building Permit being submitted to Council.

7. The vehicular access leg is to remain open and accessible 24 hours a day to

ensure ease of access for residential and commercial visitors. 8. Prior to the applicant submitting an application for a Building Permit, the

development is to meet the built form requirements for Area 2 of the Fremantle Port Buffer as detailed in the Local Planning Policy – Element 3.7.16.4.3 Fremantle Port Buffer of the Residential Design Guidelines.

9. The landowner shall lodge a section 70A notification pursuant to the transfer of

Land Act on the Certificate of Title(s) of the development site, prior to the issue of a Building Permit. This notification shall be sufficient to alert prospective landowners that the dwellings are located within Area 2 of the Fremantle Port Buffer and the proposed built form of the development within the precinct is to be adhered to. The wording of the memorial shall be placed on all strata titles as follows:

The subject lot (strata) is located within proximity to the Fremantle Port. From

time to time the location may experience noise, odour, light spill and other factors that arise from the normal operations of a 24 hour working Port.



10. The landowner shall lodge a section 70A notification pursuant to the transfer of Land Act on the Certificate of Title(s) of the development site, prior to the issue of a Building Permit. This notification shall be sufficient to alert prospective landowners that the dwellings are located within the commercial zone of George Street. The wording of the memorial shall be placed on all strata titles as follows:

The subject lot (strata) is located within proximity to George Street Mixed Use

Commercial Zone. From time to time the location may experience noise, odour, light spill and other factors that arise from the normal operations of a commercial area.

11. A Site and Traffic Management Plan for trades persons and delivery vehicles /

site storage to be approved by the Chief Executive Officer in consultation with relevant officers, prior to a Building Permit being submitted.

12. Prior to occupation of the dwellings, the applicant to provide a secure external

bicycle parking area with a minimum of four bicycle parking bays to be provided to the satisfaction of the Chief Executive Officer.

13. All plant such as exhaust fans, air conditioners etc. shall be screened from view

where it is located on balconies or the external walls of buildings adjacent to any public road or public space.

14. A Rubbish Collection Strategy / Management Plan shall be submitted to and

approved by the Chief Executive Officer prior to the commencement of works. Any alterations to the approved plans required as a result of the Strategy / Plan shall be incorporated into the Building Permit plans. The approved Strategy / Plan shall be implemented to the satisfaction of the Chief Executive Officer.

15. A detailed landscaping plan including all balcony privacy treatments to be

submitted and approved by the Chief Executive Officer prior to the commencement of site works. The plan to include location, species and planting details, having regard to water-wise garden practices.

16. Visual privacy in relation to 34 Sewell Street resulting from the proposal should

be compliant with the Deemed to Comply provisions of the R Codes. 17. All privacy screening as indicated on the plans to the balconies / communal

areas to be provided to a minimum height of 1.6 metres and to comply with the privacy requirements of the ‘Deemed to Comply’ provisions of the Residential Design Codes to the satisfaction of the Chief Executive Officer and to be fully installed prior to the occupation of the residential units.

18. Public art/ ground floor façade / entrance shall be provided in accordance with

the illustrations (or similar) on the plans to the satisfaction of and approved by the Chief Executive Officer prior to an application for a building Licence being submitted to Council.

19. Maximum area of commercial tenancy to be 73.7m² as notated on the

proposed plans page 18 of the documentation.



20. The building shall be kept clean and free of graffiti and vandalism at all times and any such graffiti or vandalism to be remedied within 24 hours.

21. The works to be constructed in conformity with the drawings and written

information accompanying the application for planning approval other than where varied in compliance with the conditions of this planning approval or with Council’s further approval.

22. The proposed works are not to be commenced until Council has received an

application for a Building Permit and the Building Permit issued in compliance with the conditions of this planning approval unless otherwise amended by Council.

23. The proposed development is not to be occupied until all conditions attached to

this planning approval have been finalised to the satisfaction of the Chief Executive Officer in consultation with relevant Officers.

24. All stormwater to be disposed of on site, an interceptor channel installed if

required and a drainage plan is to be submitted to the satisfaction of the Chief Executive Officer in consultation with the Building Surveyor prior to the issue of a Building Permit.

25. All parapet walls to be fair faced brickwork or cement rendered or similar to the

adjacent property face by way of agreement between the property owners and at the applicant’s expense.

26. Where this development requires that any facility or service within a street

verge (street trees, footpath, crossover, light pole, drainage point or similar) is to be removed, modified or relocated then such works must be approved by Council and if approved, the total cost to be borne by the applicant. If Council refuses to approve such works, then this condition cannot be satisfied and this planning approval is not valid.

27. Prior to the installation of externally mounted air-conditioning plant, a

development application, which demonstrates that noise from the air-conditioner will comply with the Environmental (Noise) Regulations 1997, is to be lodged and approved to the satisfaction of the Chief Executive Officer. (Refer footnote (f) below)

28. This planning approval to remain valid for a period of 24 months from the date

of this approval. Footnote:

The following are not conditions but notes of advice to the applicant/owner: (a) this decision of Council does not include acknowledgement or approval of any

unauthorised development which may be on the site. (b) a copy of the approved plans as stamped by Council are attached and the

application for a building licence is to conform with the approved plans unless otherwise approved by Council.



(c) it is recommended that the applicant provides a Structural Engineer’s dilapidation report, at the applicant’s expense, specifying which structures on adjoining sites may be adversely affected by the works and providing a record of the existing condition of the structures. Two copies of each dilapidation report should be lodged with Council and one copy should be given to the owner of any affected property.

(d) all noise levels produced by the construction of the development are to comply

with the provisions of the Environmental Protection (Noise) Regulations 1997 (as amended).

(e) in regard to the condition relating to the finish of the neighbour’s side of the

parapet wall it is recommended that the applicant consult with the neighbour to resolve a mutually agreed standard of finish.

(f) Under the Environmental Protection (Noise) Regulations 1997, the noise from

an air-conditioner must meet assigned allowable noise levels at all times. The Environmental Protection Act 1986 sets penalties for non-compliance with the Regulations and the installer of a noisy air-conditioner can face penalties of up to $5,000 under Section 80 of the Act. Refer to Department of Environmental Protection document–“An Installers Guide to Air Conditioner Noise”.

PROCEDURAL MOTION

Moved by: Mr Ian Birch Seconded by: Mr Christopher Antill That the Metro South-West Joint Development Assessment Panel defer DAP Application reference DAP/15/00854 to: 1. To allow the applicant to liaise further with the Town of East Fremantle in

regards to car parking. REASON: Matters raised in the applicant’s deputation, in relation to certain conditions of approval, could be assessed by the Town and reported back to the JDAP.

The Procedural Motion was put and LOST. For: Mr Ian Birch Mr Christopher Antill

Against: Mr Rob Nicholson Cr Sian Martin Cr Cliff Collinson The Report Recommendation/Primary Motion was put and CARRIED UNANIMOUSLY. Cr Sian Martin left the panel at 11:03am Cr Cliff Collinson left the panel at 11:03am Cr Andrew Sullivan joined the panel at 11:03am Cr Rachel Pemberton joined the panel at 11:03am



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

Nil

10. Appeals to the State Administrative Tribunal

Nil

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 2:25pm.

minutes of the metro south-west joint development ... daps... · minutes of the metro south-west...

Documents