south-west joint development assessment panel agenda and building/south-west jdap... · page 1 mr...

Version: 1

South-West Joint Development Assessment Panel

Agenda

Meeting Date and Time: Thursday 30 January 2014; 2pm Meeting Number: S-WJDAP/14 Meeting Venue: Department of Planning, 140 William Street Perth Meeting Room L2.40 and via teleconference Attendance

DAP Members Mr Rory O’Brien (Presiding Member) Ms Stacey Towne (Deputy Presiding Member) Mr John Ellis (Specialist Member) Cr Murray Cook (Local Government Member, City of Bunbury) Officers in attendance Mr Alex Petrovski (Department of Planning) Mr Teshome Tadesse (City of Bunbury) Mr Gary Fitzgerald (City of Bunbury) Mr Damien Morgan (City of Bunbury) Department of Planning Minute Secretary Ms Fiona Sze (Development Assessment Panels) Applicant and Submitters Mr Peter Hodge (Hodge Collard Preston) Members of the Public Nil 1. Declaration of Opening

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

2. Apologies

Nil

3. Members on Leave of Absence

Nil

Version: 1

4. Noting of Minutes

Note the Minutes of the South-West JDAP meeting no.13 held on the 29 November 2013.

5. Disclosure of Interests Nil

6. Declarations of Due Consideration

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

7. Deputations and Presentations

Nil

8. Form 1 - Responsible Authority Reports – DAP Application

Nil

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

Nil

10. Appeals to the State Administrative Tribunal

10.1 Property Location: Lot 600 (No.16) Victoria Street, Bunbury Application Details: Proposed Amendment – 4 Storey Office Building

with Undercroft and Deck Parking – s 31 of the State Administrative Tribunal Act 2004 (WA) – Reconsideration of Conditions 7 and 16

Applicant: Tahoe Developments Pty Ltd /Hodge Collard Preston

Owner: Tahoe Developments Pty Ltd Responsible authority: City of Bunbury Report date: 17 January 2014 DoP File No: DP/13/00388

11. Meeting Closure

Mr Rory O’Brien Presiding Member, South-West JDAP

Minutes of the South West Joint Development Assessment Panel

Meeting Date and Time: Friday 29 November, 2013; 11:00am Meeting Number: SWJDAP/13 Meeting Venue: City of Busselton – 2 Southern Drive, Busselton Committee Room Attendance

DAP Members Mr Rory O’Brien (Presiding Member) Ms Stacey Towne (Deputy Presiding Member) – via teleconference Mr John Ellis (Specialist Member) Mayor Ian Stubbs (Local Government Member, City of Busselton) Cr Terry Best (Local Government Member, City of Busselton) Officers in attendance Ms Karen Newman (Development Assessment Panels) Mr Pete Malavisi (City of Busselton) Mr Andrew Watts (City of Busselton) Mr Paul Needham (City of Busselton) Mr Anthony Rowe (City of Busselton) Local Government Minute Secretary Miss Joy Reading (City of Busselton) Applicant and Submitters Nil Members of the Public Nil 1. Declaration of Opening

The Presiding Member, Mr O’Brien declared the meeting open at 11.00am on 29 November, 2013 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.

2. Apologies

Nil

Meeting No.13 29 November 2013

Mr Rory O’Brien Presiding Member, South-West JDAP Page 2

3. Members on Leave of absence Nil

4. Noting of minutes

Minutes of the South-West JDAP meeting no.12 held on 6 November, 2013 were noted by DAP members.

5. Disclosure of interests

Nil

6. Declaration of Due Consideration

All members declared that they had duly considered the documents.

7. Deputations and presentations

Nil.

8. Form 1 - Responsible Authority Reports – DAP Application

8.1 Property Location: Lot 9041 Inverness Avenue, Dunsborough Application Details: Multi-residential development Inverness Ave,

Dunsborough Applicant: Rob Anson Architect Owner: Aspen Dunsborough Lakes LTD Responsible authority: City of Busselton Report date: 1 November, 2013 DoP File No: DP/13/00808

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Mayor Ian Stubbs Seconded by: Cr Terry Best That the South-West JDAP resolves to:

Approve DAP Application reference DP/13/00808 and accompanying plans Attachments 3a – 3h in accordance with Clause 14 of the City of Busselton District Town Planning Scheme No. 20, subject to the following conditions:

General Conditions:

a) The development hereby approved shall be substantially commenced within two

years of the date of this decision notice. b) The development hereby approved shall be undertaken in accordance with the

signed and stamped, approved plan(s) (enclosed), including any notes placed thereon in red by the City, and except as may be modified by the following conditions.



Prior to Commencement of Any Works Conditions:

c) The development hereby approved, or any works required to implement the development, shall not commence until the following plans or details have been submitted to the City and have been approved in writing:

i) A certificate of Title for proposed Lot 122 Commonage Rd, Dunsborough. ii) Details of type and colour of all external materials to be used. iii) Details of the turn-around head for new road 1 & 2.

iv) A detailed plan which shows natural ground levels, finished ground levels

and finished floor levels.

v) A Drainage Management Plan. vi) A Landscape Plan including the road verge. vii) Details of internal and boundary fencing. viii) Details of lighting to be provided for car parking and communal areas. ix) Details for the provision of a minimum of 19 bicycle spaces.

d) The development hereby approved, or any works required to implement the

development, shall not commence until the following contributions have been paid to the City.

i) A contribution of $1525.61 towards mosquito control.

ii) A contribution of $121,319 towards community facilities in the Dunsborough

precinct.

Prior to Occupation/Use of the Development Conditions:

e) The development hereby approved shall not be occupied or used until all plans, details or works required by Condition(s) (c) (i) – (viii) have been implemented and the following conditions have been complied with:

i) Landscaping and reticulation shall be implemented in accordance with

the approved Landscape Plan. Unless otherwise first agreed in writing, any trees or plants which, within a period of five years from first planting, are removed, die or, as assessed by the City as being seriously damaged, shall be replaced within the next available planting season with others of the same species, size and number as originally approved.

ii) The minimum number of 80 car parking bays including 2 disabled

bays shall be provided on site in accordance with the approved plans. The parking area(s), driveway(s) and point(s) of ingress and egress shall be designed, constructed, sealed, drained and marked.



On-going Conditions:

f) The works undertaken to satisfy Condition(s) (e) (i) – (e) (ii) shall be subsequently maintained for the life of the development.

Advice Notes: a) If the applicant and/or owner are aggrieved by this decision, including any

conditions of approval, there is a right to lodge a request for reconsideration. The application form and information on fees payable can be found on the City’s website - www.busselton.wa.gov.au

b) If the applicant and/or owner are aggrieved by this decision, there may also

be a right of review under the provisions of Part 14 of the Planning and Development Act 2005. A review must be lodged with the State Administrative Tribunal, and must be lodged within 28 days of the decision being made by the City of Busselton.

c) This Decision Notice grants planning consent to the development the subject

of this application (DA13/0886). It cannot be construed as granting planning consent for any other structure shown on the approved plans which was not specifically included in this application.

d) Please note it is the responsibility of the applicant / owner to ensure that, in relation to Condition 1a, this Planning Consent remains current and does not lapse. The City of Busselton does not send reminder notices in this regard.

e) In accordance with the provisions of the Building Act 2011 and Building Regulations 2012, an application for a building permit must be submitted to, and approval granted by the City, prior to the commencement of the development hereby permitted.

f) The Drainage Management Plan is to incorporate Water Sensitive Urban Design principles as discussed in the Western Australian Planning Commission’s Better Urban Water Management document (also see WAPC Planning Bulletin 92).

g) The Landscape Plan should indicate the location and species of all trees to

be removed and / or retained; the location and type of fencing to be installed; and the location and type of paving to be installed. The Plan should also include a plant schedule nominating species, planting distances, numbers, planting sizes, together with the anticipated height of each plant at maturity. The Plan should identify and include any adjoining road verges.

h) Any contributions required are subject to adjustment in accordance with the

Local Government Cost Index

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



AMENDING MOTION 1 Moved by: Ms Stacey Towne Seconded by: Cr Terry Best That condition c be amended to read as follows: c) The development hereby approved, or any works required to implement the

development, shall not commence until the following plans or details have been submitted to the City and have been approved or acknowledged in writing:

i) Approval or acknowledgement of a Certificate of Title for proposed Lot 122

Commonage Road, Dunsborough to the satisfaction of the City of Busselton.

ii) Details of type and colour of all external materials to be used to the

satisfaction of the City of Busselton. iii) Details of the turn-around head for new road 1 & 2 to the satisfaction of the

City of Busselton. iv) A detailed plan which shows natural ground levels, finished ground levels

and finished floor levels to the satisfaction of the City of Busselton. v) A Drainage Management Plan to the satisfaction of the City of Busselton. vi) A Landscape Plan including the road verge to the satisfaction of the City of

Busselton. vii) Details of internal and boundary fencing to the satisfaction of the City of

Busselton. viii) Details of lighting to be provided for car parking and communal areas to

the satisfaction of the City of Busselton. ix) A revised car parking plan showing parking for a minimum of 80 car

parking bays; including a minimum of 11 visitor parking bays with 2 disabled bays and provision for parking of 19 bicycles to the satisfaction of the City of Busselton.

REASONS: Condition i) was amended as the City does not have authority to approve a Certificate of Title. Condition ix) was amended to provide clarification of minimum parking requirements. The remaining were amended to provide clarity and consistency to the conditions. The Amending Motion 1 was put and CARRIED UNANIMOUSLY.



AMENDING MOTION 2 Moved by: Ms Stacey Towne Seconded by: Mayor Ian Stubbs That condition e) ii) be amended to read: ii) Car parking for a minimum of 80 car parking bays; 11 visitor parking bays with

2 disabled bays and provision for parking of 19 bicycles shall be provided on-site in accordance with the approved parking plan. The parking area(s), driveway(s) and point(s) of ingress and egress shall be designed, constructed, sealed, drained and marked.

REASON: To provide clarification of minimum parking requirements.

The Amending Motion 2 was put and CARRIED UNANIMOUSLY. AMENDING MOTION 3 Moved by: Mr John Ellis Seconded by: Cr Terry Best That condition d) i) and ii) be amended to read:

i) A contribution of $1525.61 towards mosquito control. Any contributions

required are subject to adjustment in accordance with the Local Government Cost Index.

ii) A contribution of $121,319 towards community facilities in the Dunsborough precinct. Any contributions required are subject to adjustment in accordance with the Local Government Cost Index.

and that Advice Note (h) be deleted. REASON: To ensure applicant is aware that contributions are subject to adjustment in accordance with the Local Government Cost Index. The Advice Note (h) was deleted to incorporate it as part of the condition. The Amending Motion 3 was put and CARRIED UNANIMOUSLY. AMENDING MOTION 4 Moved by: Mr John Ellis Seconded by: Cr Terry Best That condition e) i) be amended to read: i) Landscaping and reticulation shall be implemented in accordance with the

approved Landscape Plan. REASON: To incorporate the ongoing maintenance of the condition for the life of the development. The Amending Motion 4 was put and CARRIED UNANIMOUSLY.



AMENDING MOTION 5 Moved by: Mr John Ellis Seconded by: Mayor Ian Stubbs

That condition e) be amended to read:

e) The development hereby approved shall not be occupied or used until all

plans, details or works required by condition c) have been implemented and the following conditions have been complied with:

REASON: To remove the ambiguity regarding the numbering of the condition.

That condition f) be modified to read: f) The works undertaken to satisfy Condition (e) shall be subsequently

maintained for the life of the development. REASON: The condition, as originally written, requires only the landscaping and parking/driveway to be maintained for the life of the development. This modification requires all ongoing conditions to be maintained for the life of the development. The Amending Motion 5 was put and CARRIED UNANIMOUSLY. AMENDING MOTION 6 Moved by: Mr Rory O’Brien Seconded by: Mr John Ellis

That Advice Note g) be amended to read:

g) The Landscape Plan should indicate the location and species of all trees to

be removed and / or retained; the location and type of fencing to be installed; and the location and type of paving to be installed. The Plan should also include a plant schedule nominating species, planting distances, numbers, planting sizes, together with the anticipated height of each plant at maturity. The Plan should identify and include any adjoining road verges. Any trees or plants which, from first planting, are removed, die or, as assessed by the City as being seriously damaged, shall be replaced within the next available planting season with others of the same species, size and number as originally approved.

REASON: A component was removed from condition e) i) and formed as part of an Advice Note to the applicant. The Amending Motion 6 was put and CARRIED UNANIMOUSLY.



PRIMARY MOTION (AS AMENDED) That the South-West JDAP resolves to:

Approve DAP Application reference DP/13/00808 and accompanying plans Attachments 3a – 3h in accordance with Clause 14 of the City of Busselton District Town Planning Scheme No. 20, subject to the following conditions:

General Conditions:

a) The development hereby approved shall be substantially commenced within two

years of the date of this decision notice.

b) The development hereby approved shall be undertaken in accordance with the signed and stamped, approved plan(s) (enclosed), including any notes placed thereon in red by the City, and except as may be modified by the following conditions.

Prior to Commencement of Any Works Conditions:

c) The development hereby approved, or any works required to implement the

development, shall not commence until the following plans or details have been submitted to the City and have been approved or acknowledged in writing:

i) Approval or acknowledgement of a Certificate of Title for proposed Lot 122

Commonage Road, Dunsborough to the satisfaction of the City of Busselton. ii) Details of type and colour of all external materials to be used to the

satisfaction of the City of Busselton. iii) Details of the turn-around head for new road 1 & 2 to the satisfaction of the

City of Busselton. iv) A detailed plan which shows natural ground levels, finished ground levels

and finished floor levels to the satisfaction of the City of Busselton. v) A Drainage Management Plan to the satisfaction of the City of Busselton. vi) A Landscape Plan including the road verge to the satisfaction of the City of

Busselton. vii) Details of internal and boundary fencing to the satisfaction of the City of

Busselton. viii) Details of lighting to be provided for car parking and communal areas to the

satisfaction of the City of Busselton. ix) A revised car parking plan showing parking for a minimum of 80 car parking

bays; including a minimum of 11 visitor parking bays with 2 disabled bays and provision for parking of 19 bicycles to the satisfaction of the City of Busselton.



d) The development hereby approved, or any works required to implement the development, shall not commence until the following contributions have been paid to the City. i) A contribution of $1525.61 towards mosquito control. Any contributions

required are subject to adjustment in accordance with the Local Government Cost Index.

ii) A contribution of $121,319 towards community facilities in the Dunsborough

precinct. Any contributions required are subject to adjustment in accordance with the Local Government Cost Index.

Prior to Occupation/Use of the Development Conditions:

e) The development hereby approved shall not be occupied or used until all plans,

details or works required by condition c) have been implemented and the following conditions have been complied with:

i) Landscaping and reticulation shall be implemented in accordance with the

approved Landscape Plan.

ii) Car parking for a minimum of 80 car parking bays; 11 visitor parking bays with 2 disabled bays and provision for parking of 19 bicycles shall be provided on-site in accordance with the approved parking plan. The parking area(s), driveway(s) and point(s) of ingress and egress shall be designed, constructed, sealed, drained and marked.

On-going Conditions:

f) The works undertaken to satisfy Condition (e) shall be subsequently maintained

for the life of the development.

Advice Notes:

a) If the applicant and/or owner are aggrieved by this decision, including any conditions of approval, there is a right to lodge a request for reconsideration. The application form and information on fees payable can be found on the City’s website - www.busselton.wa.gov.au

b) If the applicant and/or owner are aggrieved by this decision, there may also be

a right of review under the provisions of Part 14 of the Planning and Development Act 2005. A review must be lodged with the State Administrative Tribunal, and must be lodged within 28 days of the decision being made by the South-West Joint Development Assessment Panel.

c) This Decision Notice grants planning consent to the development the subject

of this application (DA13/0886). It cannot be construed as granting planning consent for any other structure shown on the approved plans which was not specifically included in this application.

d) Please note it is the responsibility of the applicant / owner to ensure that, in relation to Condition 1a, this Planning Consent remains current and does not lapse. The City of Busselton does not send reminder notices in this regard.

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



e) In accordance with the provisions of the Building Act 2011 and Building Regulations 2012, an application for a building permit must be submitted to, and approval granted by the City, prior to the commencement of the development hereby permitted.

f) The Drainage Management Plan is to incorporate Water Sensitive Urban Design principles as discussed in the Western Australian Planning Commission’s Better Urban Water Management document (also see WAPC Planning Bulletin 92).

g) The Landscape Plan should indicate the location and species of all trees to be removed and / or retained; the location and type of fencing to be installed; and the location and type of paving to be installed. The Plan should also include a plant schedule nominating species, planting distances, numbers, planting sizes, together with the anticipated height of each plant at maturity. The Plan should identify and include any adjoining road verges. Any trees or plants which, from first planting, are removed, die or, as assessed by the City as being seriously damaged, shall be replaced within the next available planting season with others of the same species, size and number as originally approved.

The Primary Motion (as amended) was put and CARRIED UNANIMOUSLY. 9. Form 2 – Responsible Authority Reports - Amending or cancelling DAP

development approval

Nil 10. Appeals to the State Administrative Tribunal

Nil

11. Meeting Close

The Presiding Member reminded the meeting that in accordance with Standing Order 7.3 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment. There being no further business, the presiding member declared the meeting closed at 11.40am.

State Administrative Tribunal Reconsideration

Responsible Authority Report (Regulation 12)

Property Location: Lot 600 #16 Victoria Street, Bunbury Application Details: Proposed Amendment – 4 Storey Office

Building with Undercroft and Deck Parking – s 31 of the State Administrative Tribunal Act 2004 (WA) – Reconsideration of Conditions 7 and 16

DAP Name: South–West Joint Development Assessment Panel (SWJDAP)

Applicant: Tahoe Developments Pty Ltd /Hodge Collard Preston

Owner: Tahoe Developments Pty Ltd LG Reference: DA.2013.133.2 and P10201-02 Responsible Authority: City of Bunbury Authorising Officer: Gary Fitzgerald

Manager Development Assessment and Building Certification

Department of Planning File No: DP/13/00388 Report Date: 17 January 2014 Application Receipt Date: 20 December 2013 (SAT ORDER) Application Process Days: 28 days Attachment(s):

1: Location Plan 2: Zoning Map 3: Aerial Photograph 4: SAT – ORDER 5: Amended Plan – DWG Nos. 111.12S01 (PARTIAL) and 111.12S01 6: SWJDAP approval dated 16 July 2013

Recommendation: That the South-West Joint Development Assessment Panel, pursuant to section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR 399 of 2013, resolves to: Reconsider its decision dated 14 October 2013 and approve DAP Application reference DP/13/00388 and accompanying/amended plan DWG Nos. 111.12S01 (PARTIAL) and 111.12S01 in accordance with the City of Bunbury Town Planning Scheme No. 7 (TPS 7) subject to all development conditions as listed on the original

SWJDAP approval dated 16 July 2013 (attached) with variation to conditions 7 and 16 to read as follows: Condition 7: One parking bay is to be allocated for visiting service vehicles

with minimum dimensions of 2.5m x 5.5m x 1.8m high. Condition 16: A building setback truncation of 6m x 6m to the height of awning

is to be provided at the corner of Victoria and Clifton Streets. Columns will be allowed clear of a 3.4m x 3.4m truncation within that setback and a universal access ramp is to be located external to the building but behind the columns in accordance with the approved plan.

Background: Insert Property Address: Lot 600 #16 Victoria Street, Bunbury Insert Zoning MRS: Regional Centre TPS: City Centre Insert Use Class: Office Insert Strategy Policy: Local Planning Strategy for Activity Centres

and Neighbourhood (LPSACN) Insert Lot Size: 2137.63m2 Insert Existing Land Use: Car Park Value of Development: $7,742,000

• On 16 July 2013 SWJDAP granted planning approval for proposed 4 Storey Office Building with Undercroft and Deck Parking – Lot 600 #16 Victoria Street, Bunbury (Attachment 6)

• On 27 August 2013 the applicant submitted a planning application to vary conditions 7 and 16 of the SWJDAP approval dated 16 July 2013.

• On 14 October 2013 the SWJDAP resolved to refuse the proposed variation to conditions 7 and 16 of the original SWJDAP approval dated 16 July 2013.

• On 24 October 2013 the applicant lodged an appeal with the State Administrative Tribunal (SAT).

• On 12 December 2013 the SAT issued an Order to the respondent to reconsider its decision on conditions 7 and 16 in line with the agreed variations to these conditions at the mediation (Attachment 4). The RAR includes the agreed variations to the conditions for formal approval by the SWJDAP.

Please refer Attachments 1, 2 and 3 for location plan, zoning map and aerial photograph of the subject land.

Details: outline of development application The application is for re-consideration of conditions 7 and 16 of the SWJDAP approval dated 16 July 2013. The SWJDAP refused to the proposed variations to conditions 7 and 16 of the SWJDAP approval dated 16 July 2013 at its meeting of 14 October 2013. The SWJDAP is expected to reconsider its refusal decision and approve the variations to these conditions in accordance with the SAT Order dated 12 December 2013 and in line with the agreed position between the two parties at

the mediation (Attachment 5 – Amended Plan DWG Nos. 111,12S01 (PARTIAL) and 111.12S01). Legislation & policy: It is considered that the recommended variation to conditions 7 and 16 are generally in line with TPS 7 requirements in terms of loading and unloading and effect on traffic flow and safety (Clause 10.2.1 (p) and 10.2.1 (q) respectively). State Government Policies nil Local Policies The provision of one service vehicle on site (cond. 7) is in line with City’s Local Planning Policy (LPP): Access and Parking for Pedestrians, Bicycles and Vehicles. Consultation: Public Consultation No public consultation is required. Consultation with other Agencies or Consultants Not applicable in this case. Planning assessment: The agreed variations to conditions 7 and 16 are in line with TPS 7 and City’s LPP and therefore can be supported. Condition 7: It is considered that office development of such a size will require service provides accessing the site for regular maintenance and other requirements. Securing one service vehicle on site is therefore appropriate as specified under condition 7 (variation). Condition 16: Lot 600 Victoria Street is located at the intersection of Victoria Street and Clifton Street. It is considered that condition 16 (variation) is appropriate and acceptable in addressing the sightline issue (traffic safety). Conclusion: The proposed variations to conditions 7 and 16 of the SWJDAP approval dated 16 July 2013 are in line with the TPS 7 and the City’s LPP requirements. The City supports variations to conditions 7 and 16 and recommends that the SWJDAP reconsider its refusal decision of 14 October 2013 and approve variations to conditions 7 and 16 of SWJDAP approval dated 16 July 2013 and the

accompanying/amended plan DWG Nos. 111.12S01 (PARTIAL) and 111.12S01 as agreed between the two parties at the SAT mediation.

Kstewart

Attachment 1

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Attachment 2

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Attachment 3

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Attachment 4

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Attachment 5

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Attachment 6

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