1. CORPORATE PLANNING AND POLICY RECOMMENDATION€¦ · Local Planning Scheme No. 17. MOTION . that...

Ordinary Meeting of Council 29 February 2012

PART B - REPORTS

1. CORPORATE PLANNING AND POLICY

1.1 PROPOSED LOCAL PLANNING POLICY REVISION - KEEPING OF ANIMALS

Ward: (All Wards) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

RECOMMENDATION

That the Council resolve to:

1) Approve the draft local planning policy 'Keeping of Animals' (POL-LP-2.1) for the purpose of public advertising for a period of 21 days consistent with the provisions of Local Planning Scheme No. 17.

MOTION that the Council resolve to:

1) Support the Recommendation as presented subject to the advertising period being increased from 21 days to 42 days.

2) Record that the reason for changing the Recommendation is that the extended submission period would allow special interest groups to prepare and lodge submission following their respective group's meetings. The 21 days is considered too short and would not meet the special interest groups meeting timeline.

(Cr Trease - Cr Lucas)

RESOLVED UNANIMOUSLY TO:

1) Approve the draft local planning policy 'Keeping of Animals' (POL-LP-2.1) for the purpose of public advertising for a period of 42 days consistent with the provisions of Local Planning Scheme No. 17.

2) Record that the reason for changing the Recommendation is that the extended submission period would allow special interest groups to prepare and lodge submission following their respective group's meetings. The 21 days is considered too short and would not meet the special interest groups meeting timeline.

Cr Haynes left the Chamber at 7.11pm and returned at 7.12pm


1.2 PROPOSED LOCAL PLANNING POLICY - REVIEW OF BUILDING AND DEVELOPMENT STANDARDS - RESIDENTIAL, INDUSTRIAL, COMMERCIAL AND RURAL ZONES




RECOMMENDATION


1) Approve the draft local planning policies ‘Commercial Zones – Subdivision and Development’ (POL-LP-1.2), ‘Industrial Zones – Subdivision and Development’ (POL-LP-1.3), ‘Residential Zones – Subdivision and Development’ (POL-LP-1.4) and ‘Rural Zones – Subdivision and Development’ (POL-LP-1.5) for the purpose of public advertising for a period of 21 days consistent with the provisions of Local Planning Scheme No. 17.

2) Request City officers to provide a Council briefing on the ‘Commercial Zones – Subdivision and Development’ (POL-LP-1.2), ‘Industrial Zones – Subdivision and Development’ (POL-LP-1.3), ‘Residential Zones – Subdivision and Development’ (POL-LP-1.4) and ‘Rural Zones – Subdivision and Development’ (POL-LP-1.5) policies after the conclusion of public advertising and prior to the matter being referred to Council for consideration for final approval.

2. COMMUNITY PLANNING AND DEVELOPMENT

Nil

3. STATUTORY PLANNING

3.1 RETROSPECTIVE APPLICATION FOR PARKING OF COMMERCIAL VEHICLES - LOT 150 (NO.163) STOCK ROAD, HERNE HILL

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)


Authorised Officer: Executive Manager Planning and Development

RECOMMENDATION


1) Grant retrospective approval to the application for the parking of two prime movers and four trailers at Lot 150 (No.163) Stock Road, Herne Hill, subject to the following conditions:


a) This Approval is granted for the parking of two (2) prime movers and four (4) trailers.

b) This approval is granted only to the occupier of Lot 150 (No.163) Stock Road, Herne Hill who must also be:

a. The owner of; or b. The driver of; or c. The proprietor of a business which owns or operates, every commercial vehicle which is to be parked or garaged there.

c) Maintenance of the vehicles is limited to minor work which will not cause a

significant impact on adjoining properties and must not be undertaken prior to 7:00am.

d) Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES

i. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.

No works shall commence prior to 7.00 am without the City’s approval.

ii. This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

iii. Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

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



1) Support the Recommendation as presented subject to the inclusion of an additional "Advice Note v" as follows:

"v. Any planning approval granted for the parking of commercial vehicles is not an approval for the vehicles to use the road network or for any other purpose. Applicants with Restricted Access Vehicles (RAVs) should seek a separate approval from the relevant authority (MRWA) for the operation of these vehicles within the road network. It is the responsibility of the owner to obtain the necessary permit/notice which is separate from any Council approval under its Planning Scheme for the parking of a commercial vehicle."

2) Delegate to the Principal Planner or the Coordinators (Statutory Planning) to approve applications for the parking of commercial vehicles (including any variation under clause 5.10.6 of LPS 17) provided that no objection has been received during the consultation process.

3) Record that the reason for changing the Recommendation is that the inclusion of the additional Advice Note is to ensure that the applicant, owner, driver of any commercial vehicle is aware of their obligations to seek separate approval for Restricted Access Vehicles on certain road networks. This is to reiterate the Advice Note in the Scheme and to allow delegated Planning staff to approve future applications if no objections are received during the consultation process.

(Cr Wainwright - Cr Färdig)


1) Grant retrospective approval to the application for the parking of two prime movers and four trailers at Lot 150 (No.163) Stock Road, Herne Hill, subject to the following conditions:

a) This Approval is granted for the parking of two (2) prime movers and four (4) trailers.

b) This approval is granted only to the occupier of Lot 150 (No.163) Stock Road, Herne Hill who must also be:

a. The owner of; or b. The driver of; or c. The proprietor of a business which owns or operates, every

commercial vehicle which is to be parked or garaged there.

c) Maintenance of the vehicles is limited to minor work which will not cause a significant impact on adjoining properties and must not be undertaken prior to 7:00am.



ADVICE NOTES







v. Any planning approval granted for the parking of commercial vehicles is not an approval for the vehicles to use the road network or for any other purpose. Applicants with Restricted Access Vehicles (RAVs) should seek a separate approval from the relevant authority (MRWA) for the operation of these vehicles within the road network. It is the responsibility of the owner to obtain the necessary permit/notice which is separate from any Council approval under its Planning Scheme for the parking of a commercial vehicle.




3.2 RETROSPECTIVE APPLICATION FOR PARKING OF COMMERCIAL VEHICLES - LOT 95 (NO.87) SMITH ROAD, BULLSBROOK

Ward: (North Ward) (Statutory Planning)



RECOMMENDATION


1) Grant retrospective approval to the application for the parking of one prime mover and two trailers at Lot 95 (no.87) Smith Road, Bullsbrook subject to the following conditions:

a) This approval is granted for the parking of one prime mover and two trailers.

b) This approval is granted only to the occupier of Lot 95 (No.87) Smith Road, Bullsbrook who must also be:

i. The owner of; or

ii. The driver of; or

iii. the proprietor of a business which owns or operates,

every commercial vehicle which is to be parked or garaged there.



ADVICE NOTES

i. This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

ii. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.







1) Support the Recommendation as presented subject to the inclusion of an additional "Advice Note v" as follows:

"v. Any planning approval granted for the parking of commercial vehicles is not an approval for the vehicles to use the road network or for any other purpose. Applicants with Restricted Access Vehicles (RAVs) should seek a separate approval from the relevant authority (MRWA) for the operation of these vehicles within the road network. It is the responsibility of the owner to obtain the necessary permit/notice which is separate from any Council approval under its Planning Scheme for the parking of a commercial vehicle."



(Cr Wainwright - Cr Bailey)



1) Grant retrospective approval to the application for the parking of one prime mover and two trailers at Lot 95 (no.87) Smith Road, Bullsbrook subject to the following conditions:

a) This approval is granted for the parking of one prime mover and two trailers.

b) This approval is granted only to the occupier of Lot 95 (No.87) Smith Road, Bullsbrook who must also be:

i. The owner of; or


iii. the proprietor of a business which owns or operates every commercial vehicle which is to be parked or garaged there.



ADVICE NOTES








v. Any planning approval granted for the parking of commercial vehicles is not an approval for the vehicles to use the road network or for any other purpose. Applicants with Restricted Access Vehicles (RAVs) should seek a separate approval from the relevant authority (MRWA) for the operation of these vehicles within the road network. It is the responsibility of the owner to obtain the necessary permit/notice which is separate from any Council approval under its Planning Scheme for the parking of a commercial vehicle.



3.3 APPLICATION FOR PARKING OF COMMERCIAL VEHICLES - LOT 101 (178) CAMPERSIC ROAD, HERNE HILL



Authorised Officer: Executive Manager, Planning and Development

RECOMMENDATION


1) Approve the application for the parking of two prime movers, three trailers and one excavator at Lot 101 (no.178) Campersic Road, Herne Hill subject to the following conditions:

a) This approval is only for the occupier of Lot 101 (No.178) Campersic Road, Herne Hill who must also be:


i. The owner of; or


iii. The proprietor of a business which owns or operates,


b) The Commercial Vehicles must be screened from view from any surrounding development by existing and/or proposed newly planted vegetation as approved by the City of Swan.



Advice Notes


ii. Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

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

iv. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.




v. The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.

2) Advise those who lodged a submission of Council's decision accordingly.


1) Support the Recommendation as presented subject to the inclusion of an additional "Advice Note vi" as follows:

"vi. Any planning approval granted for the parking of commercial vehicles is not an approval for the vehicles to use the road network or for any other purpose. Applicants with Restricted Access Vehicles (RAVs) should seek a separate approval from the relevant authority (MRWA) for the operation of these vehicles within the road network. It is the responsibility of the owner to obtain the necessary permit/notice which is separate from any Council approval under its Planning Scheme for the parking of a commercial vehicle."



(Cr Wainwright - Cr Bailey)


1) Approve the application for the parking of two prime movers, three trailers and one excavator at Lot 101 (no.178) Campersic Road, Herne Hill subject to the following conditions:

a) This approval is only for the occupier of Lot 101 (No.178) Campersic Road, Herne Hill who must also be:

iv. The owner of; or

v. The driver of; or

vi. The proprietor of a business which owns or operates,



b) The Commercial Vehicles must be screened from view from any surrounding development by existing and/or proposed newly planted vegetation as approved by the City of Swan.



Advice Notes


ii. Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

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

iv. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.



v. The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.


vi. Any planning approval granted for the parking of commercial vehicles is not an approval for the vehicles to use the road network or for any other purpose. Applicants with Restricted Access Vehicles (RAVs) should seek a separate approval from the relevant authority (MRWA) for the operation of these vehicles within the road network. It is the responsibility of the owner to obtain the necessary permit/notice which is separate from any Council approval under its Planning Scheme for the parking of a commercial vehicle.




Cr Trease disclosed an interest affecting impartiality in Item 3.4 by virtue of his son attending Guildford Grammar School. Cr Trease left the Chamber at 7.15pm and was absent during the whole of the debate on Item 3.4 and did not participate in the decision making process.

3.4 FINAL ADOPTION OF OUTLINE DEVELOPMENT PLAN 123 (ADDENDUM) - WATERHALL ESTATE, SOUTH GUILDFORD

Ward: (Guildford Ward) (Statutory Planning)



RECOMMENDATION


1) Adopt Outline Development Plan No. 123 (Addendum) for final approval subject to the following modifications:

a) Amend "Figure 2" of the Waterhall Estate Outline Development Plan 123 - Addendum to include the following notations:

i. All lots marked with an asterisk and thus within 75 metres of the Dampier to Bunbury Natural Gas Pipeline shall, at subdivision stage, require a Section 70A Notification to be placed on the Certificate of Title indicating the following:


"This lot is adjacent or in relative close proximity to the Dampier to Bunbury Natural Gas Pipeline (DBNGP) corridor established under the Dampier to Bunbury Pipeline Act 1997. To ensure people and property are not put at unacceptable risk levels and that the future potential of the pipeline corridor/easements are not constrained, all proposed developments will need to address guidelines under Planning Bulletin 87."

ii. All lots within the recommended 65m buffer from the Parmelia Pipeline shall be subject to a pipeline risk management plan to demonstrate that the risk will be within acceptable limits. Such a risk management plan shall be completed prior to subdivision application. At subdivision stage a Section 70A Notification shall be placed on the Certificate of Title indicating the following:

"Those lots within the Parmelia Pipeline Buffer shall be subject to the risk management guidelines articulated in the WAPC Planning Bulletin 87, thus ensuring that all landowners and subsequent purchasers are aware of the existence of the Guidelines."

iii. The Developer shall, at subdivision stage, submit a 'Quiet House Design' Guideline to the City of Swan for approval. The guideline is to address construction techniques for all housing stock within 100 metres of the Railway Line. Such Guidelines shall be registered as a Section 70A Notification against all residential lots created within the 100m buffer, ensuring all landowners and subsequent purchasers are aware of the existence of the Guidelines and their obligation to incorporate the Guidelines recommendations into their building design as part of the their building licence application.

iv. Detailed Area Plans are to be submitted and approved by the City of Swan prior to subdivision clearance, and shall address design issues including double frontage lots, on-street car parking, fencing and other matters deemed appropriate.

v. The existence of the pipeline corridor shall be flagged, by way of "1100 Dial Before You Dig" signage, installed at appropriate locations along the Pipeline Corridor as a condition of subdivision approval.

b) Amend "Figure 2" of the Waterhall Estate Outline Development Plan 123 - Addendum to include the following design changes:

i. Footpaths to be located between all Public Open Space lots along the areas directly abutting proposed residential lots.

ii. Installation of on-street car parking along "Mews A" (10 metre wide laneway), to be designed as per the Developers preference and the City's Operations Department satisfaction.

iii. Removal of reference to a "Pipeline Corridor Lot" and instead colouring the area green to indicate a Regional Reserve (Restricted Public Access) or yellow to indicate Public Purposes (Special Use) under the Metropolitan Region Scheme.


2. Upon receipt of the modifications requested to the satisfaction of the City's Principal Planner, forward the modified ODP 123 to the WAPC for their endorsement.

MOTION that the Recommendation be adopted.

(Cr Elliott - Cr Haynes)


1) Adopt Outline Development Plan No. 123 (Addendum) for final approval subject to the following modifications:

a) Amend "Figure 2" of the Waterhall Estate Outline Development Plan 123 - Addendum to include the following notations:

i. All lots marked with an asterisk and thus within 75 metres of the Dampier to Bunbury Natural Gas Pipeline shall, at subdivision stage, require a Section 70A Notification to be placed on the Certificate of Title indicating the following:

"This lot is adjacent or in relative close proximity to the Dampier to Bunbury Natural Gas Pipeline (DBNGP) corridor established under the Dampier to Bunbury Pipeline Act 1997. To ensure people and property are not put at unacceptable risk levels and that the future potential of the pipeline corridor/easements are not constrained, all proposed developments will need to address guidelines under Planning Bulletin 87."

ii. All lots within the recommended 65m buffer from the Parmelia Pipeline shall be subject to a pipeline risk management plan to demonstrate that the risk will be within acceptable limits. Such a risk management plan shall be completed prior to subdivision application. At subdivision stage a Section 70A Notification shall be placed on the Certificate of Title indicating the following:

"Those lots within the Parmelia Pipeline Buffer shall be subject to the risk management guidelines articulated in the WAPC Planning Bulletin 87, thus ensuring that all landowners and subsequent purchasers are aware of the existence of the Guidelines."

iii. The Developer shall, at subdivision stage, submit a 'Quiet House Design' Guideline to the City of Swan for approval. The guideline is to address construction techniques for all housing stock within 100 metres of the Railway Line. Such Guidelines shall be registered as a Section 70A Notification against all residential lots created within the 100m buffer, ensuring all landowners and subsequent purchasers are aware of the existence of the Guidelines and their obligation to incorporate the Guidelines recommendations into their building design as part of the their building licence application.

iv. Detailed Area Plans are to be submitted and approved by the City of Swan prior to subdivision clearance, and shall address design issues including double frontage lots, on-street car parking, fencing and other matters deemed appropriate.


v. The existence of the pipeline corridor shall be flagged, by way of "1100 Dial Before You Dig" signage, installed at appropriate locations along the Pipeline Corridor as a condition of subdivision approval.

b) Amend "Figure 2" of the Waterhall Estate Outline Development Plan 123 - Addendum to include the following design changes:

i. Footpaths to be located between all Public Open Space lots along the areas directly abutting proposed residential lots.

ii. Installation of on-street car parking along "Mews A" (10 metre wide laneway), to be designed as per the Developers preference and the City's Operations Department satisfaction.

iii. Removal of reference to a "Pipeline Corridor Lot" and instead colouring the area green to indicate a Regional Reserve (Restricted Public Access) or yellow to indicate Public Purposes (Special Use) under the Metropolitan Region Scheme.

2) Upon receipt of the modifications requested to the satisfaction of the City's Principal Planner, forward the modified ODP 123 to the WAPC for their endorsement.

Cr Trease returned to the Chamber at 7.16pm.

3.5 FINAL ADOPTION OF OMNIBUS AMENDMENT NO.26 TO LOCAL PLANNING SCHEME NO.17 - TO CORRECT ANOMALIES IN THE SCHEME


Disclosure of Interest: Nil.


RECOMMENDATION


1) Adopt Omnibus Scheme Amendment No. 26 to Local Planning Scheme No.17 for final approval without modification, by:

a. In the legend of the Scheme Map include a new classification under Local Reserve 'Public Utility' (as depicted in the Model Scheme Text guidelines), and amend the Scheme Map accordingly.

b. In accordance with the Scheme Amendment Maps modify the Scheme Map by:

i. Rezoning Lot 254 (No.5) Kickett Court and Lot 85 Kerwin Way Lockridge from 'Local Reserve Recreation' to 'Residential' with a density coding of 'R30'.


ii. Reclassifying Lot 10279 (No.48) Rosher Road Lockridge from 'Local Reserve Public Purposes Civic & Cultural' (C&C) to 'Local Reserve Public Purposes Primary School' (PS).

iii. Rezoning Lot 9 (No.32) Thorson Way Lockridge from 'Local Reserve Local Road' to 'Residential' with a density coding of 'R35'.

iv. Rezoning Lot 958 (No.18) Lassen Gardens Ballajura from 'Local Reserve Recreation' to 'Residential' with a density coding of 'R2.5'.

v. Rezoning parts of Lot 251 (No.28) and Lot 250 (No.30) Barker Road South Guildford from 'Local Reserve Local Road' to 'Residential' with a density coding of 'R20'.

vi. Reclassifying the Local Reserve 'Public Purposes' annotation on Lot 206 (No.16) Meadow Street Guildford from 'Pre-Primary School' (PPS) to 'Civic & Cultural' (C&C).

vii. Rezoning Lot 2 on Survey Strata 57877 Bluegum Road Beechboro from 'Private Clubs and Institutions' to 'Residential' with a density coding of 'R40'.

viii. Rezoning parts of Lot 3 (No. 68) Bishop Road, Lot 142 (No.39) Dance Drive and Lots 143 (No.25), 144 (No.23), 145 (No.21), 146 (No.19), 147 (No.17), 148 (No.15), 149 (No.13), 150 (No.11) & 151 (No.9) Whittome Street Middle Swan from 'Local Reserve Local Road' to 'Residential' with a density coding of 'R20'.

2) Forward the Amendment No.26 documentation to the Western Australian Planning Commission with a request that the Minister for Planning grant his final approval to Amendment No.26 without modification.


3.6 INITIATION OF AMENDMENT NO.75 TO LOCAL PLANNING SCHEME 17 - TO ALLOW ADDITIONAL USE OF "TRANSPORT DEPOT" - LOT 301 ARUM LILY PLACE, HAZELMERE




RECOMMENDATION

That the Council resolve:

1) To refuse the initiation of the proposed Amendment No. 75 to Local Planning Scheme No. 17 to introduce an 'Additional Use' of 'Transport Depot' on Lot 301 Arum Lilly Place, Hazelmere, for the reason that the proposed amendment is


considered to be generally inconsistent with the strategic objective to undertake structure planning within the subject locality to ensure the protection of the Hazelmere Lakes area.

2) To advise the applicant of Council's decision accordingly.


1) Defer consideration of this matter to the next Council meeting to enable the Applicant and the Ward Member and other interested Councillors to discuss options.

2) Record that the reasons for changing the Recommendation are that the Council believes that the subject site is not suitable for rural residential use due to its location being impacted by traffic noise from the Great Eastern Highway Bypass to the south, the preferred realignment of the freight rail line which cuts through the lot and is within the 25-30 ANEF aircraft noise contours.

(Cr T Williams - Cr Congerton)


1) Defer consideration of this matter to the next Council meeting to enable the Applicant and the Ward Member and other interested Councillors to discuss options.

2) Record that the reasons for changing the Recommendation are that the Council believes that the subject site is not suitable for rural residential use due to its location being impacted by traffic noise from the Great Eastern Highway Bypass to the south, the preferred realignment of the freight rail line which cuts through the lot and is within the 25-30 ANEF aircraft noise contours.

3.7 PROPOSED CHALETS (4) - LOT 15 (NO.1715) GNANGARA ROAD, HENLEY BROOK




RECOMMENDATION


1) Approve the application for 4 short stay chalets on Lot 15 Gnangara Road, Henley Brook subject to the following conditions:

1. This approval is for 4 "Cabins or Chalets".

2. The maximum number of overnight guests per chalet is 3 adults, or 2 adults and 2 children (i.e. a total maximum of 12 adult guests, or 8 adults and 8 children).


3. Prior to the lodgement of a Building Licence application, the applicant is to submit revised plans for the chalets to the satisfaction of the Principal Planner which include additional verandahs facing the Gnangara Road street frontage, to provide for a street elevation which is more in keeping with the rural character of the area.

4. The walls of the chalets shall be clad in a material or painted in a colour of natural or earthy colour complement the surroundings, and/or adjoining developments, in which they are located to the satisfaction of the City’s Principal Planner. Roofs shall be of zinc corrugated tin or similar to the satisfaction of the City's Principal Planner.

5. An approved effluent disposal system must be installed prior to the occupation of any building the subject of this approval.

6. The wastewater disposal system shall comply with the Department of Water's Water Quality Protection Note 70 - Wastewater Treatment and Disposal - Domestic Systems (June 2010).

7. The septic systems and leach drains, or alternative treatment unit for effluent (ATU), shall have a minimum 2.0 metre vertical separation from the highest known level of groundwater.

8. The effluent disposal system and associated irrigation area are to be located a minimum of 50m from the western and northern lot boundaries to the specifications of the City of Swan, in order to prevent nutrient flow into Henley Brook.

9. No fluid, other than uncontaminated stormwater is to enter any stormwater drain without prior approval from the City and the Environmental Protection Authority.

10. Construction materials and equipment are not to be placed within 25m of the northern or western lot boundary, to prevent any impact on the wetland or its buffer.

11. The premises shall be kept in a neat and tidy condition at all times to the satisfaction of the City.

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

13. All pavements on the site must be capable of accepting anticipated loadings (including accessways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.

14. The parking area at the front of the existing shed at the front of the property (as per the approved plan) is to be sealed to the satisfaction of the City.

15. One car bay is to be provided adjacent to each chalet, as per the approved plan. The car bay and accessway for the disabled access unit must comply with AS 2890.6.


16. All crossovers must be built and maintained in accordance with City's specifications.

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

18. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES

a) "Cabin or Chalet" means a dwelling that is used or provided for holiday purposes and is available to the public at large or to a part of the public defined by a common class, trade, employment, religion or association.

b) In relation to Condition 5, it is advised that an Alternative Treatment Unit for the disposal of wastewater is recommended for use on this property, and is preferred by the Swan River Trust.

c) In relation to Condition 7, a 2m vertical separation to groundwater could be satisfied by ensuring that the ATU or leach drains are at least 50m away from the northern and western boundaries of the property.

d) In relation to Condition 8, it is noted that the applicant has proposed using grey water re-use systems to irrigate the trees and vines on the property. If there is any doubt that the water which reaches the drain will be contaminated in any way (e.g. detergents etc), it is recommended that the grey water not be used for irrigation within 50m of the western or northern boundaries, to prevent nutrients or other deleterious substances from entering Henley Brook.

e) The Application for Approval to Construct or Install an Apparatus for the Treatment of Sewage Form and the required fee is to accompany the Building Licence application.

f) In accordance with the Health Act 1911 and the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974, an application to construct an on-site effluent disposal system must be submitted to and approved by the City’s Principal Environmental Health Officer, prior to the construction of such a system.

g) The proposed development is not to be within 1.2 metres of any sewerage septic tank or 1.8 metres of any effluent leach drain without the City of Swan’s approval.


h) The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.

i) In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 a Building Licence application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

j) The proposed development is required to comply in all respects with the Building Code of Australia and Health (Public Buildings) Regulations 1992. Plans and specifications which reflect these requirements are required to be submitted with the building licence application.

k) To enable your Building Licence Application to be assessed promptly, please ensure a complete application is submitted to the City.

To assist in preparing a complete Building Licence Application refer to the City of Swan Website (www.swan.wa.gov.au) and follow the links to Building Services Applicant Checklists.

If you require assistance, please contact Customer Services on 9267 9267.

l) The Developer must ensure that compliance with the access and facilities for disabled requirements of the Building Code of Australia and all other relevant Australian Standards in respect of access and facilities for the disabled are met.

The Building Code of Australia (D3.1) requires that at least one chalet have disabled access and facilities, including bathrooms, with appropriate circulation spaces and access gradients.

m) Stormwater to be disposed clear of building and contained on site.

n) Kerbs, roadways, footpaths, open drains, stormwater pits, service authority pits and nature strips must be adequately protected during the construction of the development.

o) This approval does not constitute approval from other service authorities to construct the crossover as shown on the plan. It is recommended that the applicant ascertain the location and depth of any services that may interfere with crossover and associated building construction. Any adjustment to affected services is to be arranged by the applicant at their expense with the appropriate service authority approval, prior to works commencing on the site.


p) This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

q) Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

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

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

3.8 INITIATION OF AMENDMENT NO.78 TO LOCAL PLANNING SCHEME NO.17 BY INTRODUCING A NEW USE CLASS OF OUTDOOR ENTERTAINMENT VENUES AND ADVERTISING OF DRAFT LOCAL PLANNING POLICY - OUTDOOR ENTERTAINMENT VENUES




RECOMMENDATION


1) Initiate Amendment No. 78 to Local Planning Scheme No. 17 to:

a) Insert a definition of 'Outdoor Entertainment Venue' into Schedule 1 as follows:

Outdoor Entertainment Venue" - means premises or part of premises used for outdoor performances or entertainment with amplified music or sound, including but not limited to outdoor concerts, outdoor cinemas and outdoor theatre events and excluding street entertainment for which a licence has been issued under Division 5, Part 6 of the City of Swan Consolidated Local Laws 2005.


b) Modify Table 4.3 of the Scheme by inserting the Use Class of 'Outdoor Entertainment Venue' with permissibility as outlined in Attachment I.

c) Modify the definition of "Cinema/Theatre" by inclusion of the following underlined wording: 'cinema/theatre' means premises where the public may view a motion picture or theatrical production, but does not include an outdoor cinema or outdoor theatre;

2) Advertise Amendment No. 78 for a period of 42 days consistent with the procedures outlined in the Town Planning Regulations 1967 (as amended).

3) Advertise the draft local planning policy titled 'Outdoor Entertainment Venues' (POL-LP-2.7) concurrently with Scheme amendment No. 78 for a period of 42 days.

4) Request City officers to provide a Council briefing on Scheme Amendment No. 78 and the draft local planning policy after the conclusion of public advertising and prior to the matter being referred to Council for consideration for final approval.

MOTION that the Recommendation be adopted.

(Cr Wainwright - Cr Trease)


1) Initiate Amendment No. 78 to Local Planning Scheme No. 17 to:

a) Insert a definition of 'Outdoor Entertainment Venue' into Schedule 1 as follows:

Outdoor Entertainment Venue" - means premises or part of premises used for outdoor performances or entertainment with amplified music or sound, including but not limited to outdoor concerts, outdoor cinemas and outdoor theatre events and excluding street entertainment for which a licence has been issued under Division 5, Part 6 of the City of Swan Consolidated Local Laws 2005.

b) Modify Table 4.3 of the Scheme by inserting the Use Class of 'Outdoor Entertainment Venue' with permissibility as outlined in Attachment I.

c) Modify the definition of "Cinema/Theatre" by inclusion of the following underlined wording: 'cinema/theatre' means premises where the public may view a motion picture or theatrical production, but does not include an outdoor cinema or outdoor theatre;

2) Advertise Amendment No. 78 for a period of 42 days consistent with the procedures outlined in the Town Planning Regulations 1967 (as amended).

3) Advertise the draft local planning policy titled 'Outdoor Entertainment Venues' (POL-LP-2.7) concurrently with Scheme amendment No. 78 for a period of 42 days.

4) Request City officers to provide a Council briefing on Scheme Amendment No. 78 and the draft local planning policy after the conclusion of public advertising and prior to the matter being referred to Council for consideration for final approval.


3.9 INITIATION OF AMENDMENT NO.79 TO LOCAL PLANNING SCHEME NO. 17 - REZONING FROM LOCAL RESERVE - PUBLIC PURPOSE (CIVIC & CULTURAL) TO 'GENERAL COMMERCIAL' - LOT 1005 (NO. 64) AUSSAT DRIVE, KIARA

Ward: (Altone Ward) (Statutory Planning)



RECOMMENDATION


1) Initiate Amendment No. 79 to Local Planning Scheme No. 17 by re-zoning Lot 1005 (No.64) Aussat Drive, Kiara from 'Local Reserve - Public Purpose (Civic & Cultural)' to 'General Commercial' and amend the Scheme Maps accordingly.

2) Refer the proposed Scheme Amendment No.79 to the Environmental Protection Authority (EPA) for advice in accordance with the provisions of the Planning and Development Act 2005;

3) Following receipt of advice from the EPA, advertise the Scheme Amendment No.79 for public comment for a period of 42 days in accordance with Town Planning Regulations 1967.

3.10 ADOPTION FOR FINAL APPROVAL OF SCHEME AMENDMENT NO. 70 - R25 CODING FOR LOTS 2, 3, 4, 5, 8, 9, 10 & 11 MARY STREET, HAZELMERE




RECOMMENDATION


1) Adopt Scheme Amendment No. 70 to the Local Planning Scheme 17 for final approval without modification by applying an R25 density coding to Lots 2, 3, 4, 5, 8, 9, 10 & 11 Mary Street, Hazelmere.

2) Forward the amendment documents to the Western Australian Planning Commission with a request that the Hon Minister for Planning grant final approval to Amendment No. 70 without modification.



4. OPERATIONAL MATTERS

4.1 BUS STOP INFRASTRUCTURE FUNDING AND MAINTENANCE

Ward: (All Wards) (Executive)


Authorised Officer: (Executive Manager Operations)

RECOMMENDATION


1) Advise WALGA that it supports the following:

a) Funding new and maintaining existing bus stop pole, hard stand, connecting path and tactile ground surface indicators to be the responsibility of the Public Transport Authority.

b) Funding new bus shelters and associated infrastructure to be either PTA or Local Government (depending on patronage).

c) Funding upgraded bus shelters to meet DDA standards to be the responsibility of the PTA.

d) Maintaining existing bus shelters, seats and bins to be the responsibility of the local government.


1) Adopt the Recommendation as presented subject to the addition of the following part e):

e) That WALGA be requested to distribute their draft policy position to Local Governments for comment prior to final endorsement.

2) Record that the reason for changing the Recommendation is to enable the Council to be advised prior to final endorsement of the policy.

(Cr Congerton - Cr McNamara)


1) Advise WALGA that it supports the following:

a) Funding new and maintaining existing bus stop pole, hard stand, connecting path and tactile ground surface indicators to be the responsibility of the Public Transport Authority.

b) Funding new bus shelters and associated infrastructure to be either PTA or Local Government (depending on patronage).

c) Funding upgraded bus shelters to meet DDA standards to be the responsibility of the PTA.


d) Maintaining existing bus shelters, seats and bins to be the responsibility of the local government.

e) That WALGA be requested to distribute their draft policy position to Local Governments for comment prior to final endorsement.

2) Record that the reason for changing the Recommendation is to enable the Council to comment on the policy prior to final endorsement.

5. FINANCIAL AND LEGAL MATTERS

5.1 PROPOSED OFFER TO PURCHASE: LOTS 29 (NO.300) & 560 (NO.290) ARTHUR STREET, DAYTON

Ward: (Swan Valley/Gidgegannup Ward) (Financial Services)


Authorised Officer: Executive Manager - Corporate Services

RECOMMENDATION


1) Advise the vendor, St Leonards Estate Pty Ltd (Aspen) that it may be in their best interests to wait until the outcome of the City's Planning Scheme Amendment No. 44 is known and as a consequence, the valuation method for determining the value of land that is required for the provision of DCP infrastructure will also be known.

2) Advise St Leonards Estate Pty Ltd that should it, having regard to the advice provided in point one, wish to proceed with the sale of its lots under the present arrangement, Council authorises the offer made by City officers for the purchase of St Leonards Estate Pty Ltd's Lots 29 and 560 Arthur Street, Dayton for the amounts of $1,350,000 and $1,250,000 respectively (inclusive of GST if applicable) subject to:

a) Certificates from qualified persons or agencies that both buildings are clear of white ant infestation and that they are structurally sound; and

b) The vendor formalising a monthly lease agreement with the tenant for Lot 29, at current rental value, to ensure that the City has, following the purchase of the property, authority in dealing with the existing tenant.

3) Not purchase Lot 29, until the lease agreement with the existing tenant is formalised or alternatively, the transfer of vacant possession of the property can be achieved.


4) Dependent upon the outcome of point 2 above, agree to the Vendors existing lease agreements for each dwelling continuing on a month to month basis from the date of settlement at the weekly rent paid by the tenants at that time, until the City can formally assess and if appropriate, enter into new tenancy agreements for the dwellings and that any bond or advance rent monies held by the landowner be transferred to the City to be held by it, or its appointed agents, in accordance with the requirements of the Residential Tenancy Act.

5) Advise the Vendor that due to statutory requirements it is not possible to comply with their desired settlement date.

6) Advertise Council's intention to exercise its power to borrow under section 6.20 (2) (a) of the Local Government Act 1995.

7) Appoint solicitors, McLeods, to prepare and submit the formal offer for the purchase of the lots and to act for the City in settlement of the purchases once the offers and acceptances have been signed by both parties.

8) Outsource the management of the subject tenancies and undertake a rent review at the earliest opportunity.

5.2 CHANGE IN BASIS OF VALUATION

Ward: (All Wards) (Financial Services)


Authorised Officer: Executive Manager Corporate Services

RECOMMENDATION


1) Note that the change in the basis of rating to gross rental value as opposed to the unimproved value will result in the owners making a more equitable contribution to the provision of community facilities and services.

2) Request the Director-General of the Department of Local Government to change the method of valuation of the land areas referred to in this report from unimproved values to gross renal values, in accordance with Section 6.28 of the Local Government Act 1995.

3) Note that the effective date of the new method of valuation for each affected land area outlined in the report will be the date of gazettal.


5.3 BUDGET REVIEW 2011/12



Authorised Officer: (Executive Manager Corporate Services)

RECOMMENDATION


1) Adopt the budget review as noted in the report above, the financial statements and detailed schedule attached to this report.

5.4 ACCOUNT AND DEBIT REPORT - JANUARY 2012




RECOMMENDATION


1) Authorise the payment of cheques drawn and direct debits made from the City's bank account as listed.

2) Authorise the payment of bank charges, credit card expenses, merchant fees, and lease payments that have been made as direct debits during this period.

5.5 BUDGET ADJUSTMENTS 2011/12




RECOMMENDATION


1) Approve the budget adjustments as detailed in this report.

NOTE: Absolute majority vote of the Council is required.


5.6 FINANCIAL MANAGEMENT REPORT - JANUARY 2012




RECOMMENDATION


1) Receive the monthly financial statements and report for the period ended January 2012.

6. GOVERNANCE

6.1 BUSINESS PLAN - LOT 15 GRAY DRIVE, MIDVALE

Ward: (All Wards) Commercialisation


Authorised Officer: (Executive Manager Corporate Services)

RECOMMENDATION


1) Proceed with the sale of Lot 15 Gray Drive Midvale in accordance with the advertised Business Plan.

2) Authorise the Chief Executive Officer to finalise the contract of sale with Hydrox Nominees Pty Ltd for the sale of Lot 15 Gray Drive, Midvale, under delegated authority.

6.2 MINUTES OF THE GOVERNANCE MEETING HELD ON 13 DECEMBER 2011

Ward: (No Wards) (Council Support)


Authorised Officer: (Chief Executive Officer)

RECOMMENDATION


1) Note the minutes of the Governance Committee held on 13 December 2011.


6.3 MINUTES OF GOVERNANCE MEETING HELD ON 13 FEBRUARY 2012




RECOMMENDATION


1) Note the minutes of the Governance Committee held on 13 February 2012.

6.4 MINUTES OF THE AUDIT COMMITTEE MEETING HELD ON THE 14 FEBRUARY 2012




RECOMMENDATION


1) Endorse and adopt the recommendations of the Audit Committee meeting held on 14 February 2012.

7. REPORTS OF THE CHIEF EXECUTIVE OFFICER

Nil


8. MOTION TO ADOPT THOSE ITEMS NOT WITHDRAWN

RESOLVED UNANIMOUSLY that the reports of Council in Part B of the Agenda be received and the recommendations therein adopted, with the exception of recommendations concerning the following items which were previously considered:

Items 1.1 3.4 3.1 3.6 3.2 3.8 3.3 4.1

(Cr Haynes - Cr P Williams)

It was noted that Items 5.1, 5.3, 5.4, 5.5, 5.6 and 6.1 were carried with an Absolute Majority.

9. URGENT BUSINESS

Nil

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