3.6 PROPOSED ENTRY IRRIGATION LAKE - ANNIE'S LANDING - …€¦ · shown on the endorsed...

Ordinary Meeting of Council 27 November 2013

3.6 PROPOSED ENTRY IRRIGATION LAKE - ANNIE'S LANDING - LOT 9252

BANROCK DRIVE, ELLENBROOK

Ward: (North Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning)

KEY ISSUES

Roberts Day, on behalf of LWP Property Management, have lodged an

application for the development of a 3,535m2 irrigation lake within land to be

designated as future public open space within Village 7B of Ellenbrook.

Whilst the lake will hold 5,800kL of water, the requirements of storage for

irrigation purposes is only 1000kL. By its size and volume, the lake has been

designed principally as an ornamental entry statement for Village 7B.

Ornamental lakes are expressly prohibited by the City's adopted Landscape

Guidelines, primarily because of the high replacement and maintenance costs

they entail for the City.

In this instance the replacement cost comprises both the waterscape (liner,

geofabric, sand fill and walls) and the irrigation and recirculation pumps. The

costings provided by the applicant indicate this to be a combined total of

$1,425,000. Annual maintenance costs are $87,600. Over a twenty year

lifespan this equates to a combined cost of $3,177,000.

The above costing also excludes the opportunity cost associated with the loss

of water through surface evaporation. Daily loss is calculated to be 6,363 litres.

Annually this equates to 2322kL.

Alternative means for storage of the 1000kL required for irrigation purposes is

through above ground storage tanks - in this instance three 500kL tanks,

estimated at a cost of $275,000 per tank. Inclusive of the irrigation pump

station this equates to a total replacement cost of $860,000. Annual

maintenance costs for tanks and pump combined with maintenance of the

normally landscaped area in the absence of the lake is estimated at

approximately $31,000. Over a twenty year lifespan this equates to a

combined cost of $1,480,000.

In preference for the irrigation lake option LWP have proposed to pay the

maintenance costs for the first 8 years and, at the end of that period, make a

payment for further maintenance of $200,000. This would render the

replacement and maintenance cost to the City for this item as $2,276,200:

being $796,200 more expensive than the above ground tank option over a 20

year lifespan.

The above costs for the proposed irrigation lake clearly reinforce the basis of

Council's prohibition on ornamental lakes and water features as set out in its


adopted Landscape Guidelines.

It is recommended that the application be refused for this reason.

AUTHORITY/DISCRETION

Council has discretion pursuant to Clause 10.3 of the Scheme to approve (with or

without conditions) or refuse applications for planning approval. If the applicant is

aggrieved with the decision of the Council a right of appeal may exist in accordance with

Part 3 of the State Administrative Tribunal Act 2004 and Part 5 of the Planning and

Development Act 2005.

BACKGROUND

Applicant: Roberts Day

Owner: 85 Spring Street Properties Pty Ltd (Directors: Robert

Dobson Millner, John Frederick Church, Francis Gerard

Gooch)

Landrow Pty Ltd (Directors: Geoffrey John Hyman

Morris, Kevin Joseph Prindiville, Jonathan Mark Morris,

Terence John Prindiville)

DCA Projects Pty Ltd (Directors: David Jacob Schwartz,

John Bryan Bond)

Martindale Pty Ltd (Directors: Malcolm James

McCusker, Thomas Andrew Lang, Vinka Bellini)

Zoning: TPS - Regional Reserve - Parks & Recreation

Special Use Zone 4

MRS - Urban

Strategy/Policy: Landscape Guidelines: Streetscapes and Public Open

Space

Development Scheme: LPS 17

Existing Land Use: Vacant

Lot Size: 60.0818ha

Use Class: N/A (Public Open Space)

DETAILS OF THE PROPOSAL

The application proposes earthworks and construction associated with an irrigation lake

at the entrance to Annie's Landing, Village 7B at Ellenbrook. The lake is proposed to

have a surface area of approximately 3,535m2 and will be limited to a maximum depth

of 2200mm.

The lake is proposed to serve multiple functions which will include providing a high

quality amenity for surrounding residents, a defining entry statement for the village and

an appropriate location for the storage and treatment of groundwater for irrigation of

landscaped areas.

The lake will be lined with a 1.0mm thick elastoseal rubber membrane, which will be

topped with a minimum of 400mm of clean white sand. A pump station is proposed to be


located to the south of the proposed lake in order to maintain water quality and allow

distribution of water from the lake for the purposes of irrigating landscaped areas within

the village. Access to the pump station will be via a service access track from a

subdivisional road to the south-east of the lake.

The design of the proposed lake incorporates a pedestrian footpath along the eastern

boundary of the lake. The pedestrian footpath will also provide access to an area of deck

to be constructed over a portion of the lake.

Several landscaping features have been proposed including shelters on the northern and

southern sides of the lake, two spillways into a separate rock lined pool to the west of

the lake and areas of lawn and retained bush within the POS surrounding the lake.

Access to the proposed lake and the surrounding POS from the south will be facilitated

via an informal path and universal access path.

The anticipated cost of development to construct the proposed lake is approximately

$1,380,000.

DESCRIPTION OF SITE

The subject site forms part of the public open space network for Annie's Landing and is

located in the south-western portion (Stage 1) of Annie's Landing, Village 7B, at

Ellenbrook.

The site is located on the southern side of the entry road into Village 7B, Banrock Drive.

The proposed lake is therefore intended to front Banrock Drive to provide an arrival

statement for people entering the village.

The property is surrounded by areas partially cleared for future development with

pockets of native vegetation in between.

SITE HISTORY/PREVIOUS APPROVALS

The Ellenbrook Village 7B Development Plan was adopted by the City of Swan at its

Ordinary Council Meeting held on 16 January 2013.

On 14 May 2013 the WAPC endorsed the aforementioned development plan subject to

modifications.

APPLICANT'S SUBMISSION

"The zoning classification plan for the endorsed Annie's Landing Development Plan

includes the subject area as a 'Recreation' classification. Development of an 'irrigation

lake' is consistent with the reservation and is therefore permissible. An 'irrigation lake' is

shown on the endorsed Development Plan, and the Stage 1 subdivision approval (WAPC

Ref: 147008), for Village 7B.

In the short term, the Annie's Landing Sales Office will be situated adjacent to the

proposed lake, on proposed Lot 8837. By virtue of this location, the lake will provide a

high quality outlook for visitors and prospective purchasers. It is noted that a separate

application for planning approval will be lodged for the Sales Office. In the long term,

pending the completion of the Sales Office function, any built form associated with the

office will be removed from proposed Lot 8837 and the land will be sold as a single

residential lot.


To provide an appropriate interface and access to the lake from the surrounding POS and

proposed Lot 8837 (i.e. the future Sales Office), the design of the proposed lake

incorporates a pedestrian footpath along the eastern boundary of the lake. The

pedestrian footpath will also provide access to an area of deck to be constructed over a

portion of the lake.

To increase the amenity of the proposed lake and the opportunity for passive recreation,

several landscaping features have been proposed including shelters on the northern and

southern sides of the lake, two spillways into a separate rock lined pool to the west of

the lake and areas of lawn and retained bush within the POS surrounding the lake.

Extensive bore testing across Annie's Landing (Village 7B) has produced results

indicating that the quantity of groundwater is sufficient to support long term bore usage.

However, extraction rates are low meaning the water needs to be pumped out over a

period of time and stored for irrigation purposes. As a result of designing an irrigation

system that incorporates the proposed lake, a supply of groundwater can be stored and

treated, and pumped throughout the village for the purpose of irrigating landscaped

areas.

The irrigation consultant (Twist Engineering Pty Ltd) has advised that the difference

between bore output and irrigation system input dictates that a stored volume of at least

1,000kL is available for use on site. It is both aesthetically and practically inappropriate

to store this volume of water in tanks on site, and as such a lake is the most appropriate

solution to this storage issue.

On the basis the proposed irrigation lake provides both a practical solution to low

groundwater extraction rates, as well as a passive recreation function, support from the

City of Swan is considered warranted.

The endorsed Development Plan for Village 7B (Annie’s Landing) depicts two water

bodies/irrigation lakes. Only one irrigation lake is now proposed within Village 7B (the

lake within Stage 1).

It is also worth noting that the area of the irrigation lake has been reduced. The

approved Development Plan highlights a lake area of 0.43ha. Following feedback from

the City of Swan specifying a preference for a smaller area, the proposed lake has been

reduced to 0.35ha.

This reduced lake area combined with deletion of the second similar irrigation lake

(0.2ha) has resulted in a total reduction of 0.28ha. This represents 44% reduction in

the total lake areas as originally proposed in the endorsed Development Plan.

The resultant lake area 0.35ha as proposed in Stage 1, will ensure an adequate storage

of water for irrigation purposes that will not result in an excessive draw down of the

water level during the summer months. This will ensure the City of Swan does not

receive complaints from surrounding residents.”

PUBLIC CONSULTATION

The application was not required to be advertised for public comment.


DETAILS

Zoning and Permissibility of Use

The subject land, the as of yet un-subdivided 60 hectare lot, is zoned 'Urban' under the

Metropolitan Region Scheme with portions reserved for 'Parks and Recreation'. It is

zoned 'Special Use Zone 4' under the City's Local Planning Scheme No.17 with the

regional reservations for 'Parks and Recreation' similarly reflected.

The zoning classification plan for the endorsed Annie's Landing Development Plan

includes the subject area of this application as 'Recreation' (Figure 14 - Zoning

Classification Plan).

Ultimately the subject land will, be subdivided and the portion subject of this application

ceded to the City as public open space.

Development of landscaping and recreational infrastructure within public open space

areas is consistent with the intent of the reservation.

Compliance with City's "Landscape Guidelines: Streetscapes and Public Open

Space"

The Irrigation Lake Management Plan submitted by the applicant states that although

the primary purpose of the irrigation lake will be to provide storage of groundwater in

sufficient quantities and quality of water to irrigate POS within the Village 7B

development, it will also serve to:

Enhance the recreational and visual amenity; and

Assist in the "place making” for Village 7B.

Separate to that document the applicant has contended that the irrigation lake will assist

with bushfire management.

City staff are of the view that the design of the proposed irrigation lake, its size, the

volume of water it will hold, the level of embellishment treatment to it, inclusive of

ancillary features such as the weirs and lower pond, renders its purpose more as an

entry statement than simply a storage facility.

The City’s Landscape Guidelines: Streetscapes and Public Open Space, details that the

following embellishments are among those not permitted in any Public Open Space:

New water bodies that do not serve a drainage function;

Bridges, boardwalks and viewing platforms that are not associated with a

natural or drainage body; and

Estate entry statements.

The intent of the guidelines is to prohibit the provision within public open space of

infrastructure that has been overembellished so as to be ornamental as opposed to

principally functional. Such prohibition seeks to avoid the City inheriting and being

responsible for maintaining and ultimately replacing unnecessarily costly infrastructure.

Such unnecessarily costly infrastructure places an unsustainable financial burden on the

City and therein its ratepayers.

Comparative costs


The applicant has provided a Financial Summary of the irrigation lake relative to above

ground and below ground tank storage options (see attachment 7).

Lake

The cost table indicates the component parts of the waterscape (liner, geofabric, sand fill

and walls) and the irrigation pumps. The costs provided by the applicant indicate this to

be a combined total of $1,425,000. Annual maintenance costs are $87,600. Over a

twenty year lifespan this equates to a combined cost of $3,177,000.

Tanks

The applicant has costed two alternative storage arrangements; above and below ground

tanks. These comparative costings assume provision of three 500kL concrete tanks to

hold the required 1000kL of water and surplus capacity for initial irrigation and as a

contingency for extreme conditions. Provision of these tanks above ground comes to

$825,000, being $275,000 per tank. Both storage tanks options require the irrigation

pump - costed at $35,000, therefore generating a combined cost of $860,000. Below

ground the three tanks cost $1,189,000 and a combined cost with pump is $1,224,000.

The annual maintenance cost for the tanks has been estimated at $5000 per tank with

pump maintenance at $16,000 per year. Inclusive of the cost to maintain the

landscaping of the land area without the irrigation lake ($10,000 pa) the combined

annual maintenance cost is $31,000 pa. Over a 20 year lifespan the total maintenance

cost for both above and below ground tank options is $620,000.

Over a twenty year lifespan this equates to a combined cost of $1,480,000 for above

ground tanks and $1,844,000 for below ground tanks.

In preference for the irrigation lake option, LWP have proposed to pay the maintenance

costs for the first 8 years and, at the end of that period, make a payment for further

maintenance of $200,000. This would render the replacement and maintenance cost to

the City for the irrigation lake as $2,276,200 or $113,800 per year over the 20 years.

The difference between the irrigation lakes with LWP's contribution and the cheapest

alternative storage option - above ground tanks - is $796,200 over the 20 years, or

$39,810 per year.

Clearly it can be seen that, notwithstanding LWP's offer, the estimates point to a

significant difference in cost between the above ground tanks and their favoured

irrigation lake. It is accepted that the proposed irrigation lake option can create a feature

of some aesthetic value that will enhance the visual amenity and likely the enjoyment of

the estate by future residents. Comparatively storage tanks are purely functional and

will not contribute such aesthetic. The City's adopted policy however makes no such

distinctions and is pragmatically weighted towards achieving a prudent fiscal balance in

the provision of infrastructure within its streets and parks. Accordingly it is

recommended the application be refused.


OPTIONS AND IMPLICATIONS

Option 1: That Council resolves to:

1) Approve the proposed entry irrigation lake on Lot 9252 Banrock

Drive Ellenbrook, subject to the following conditions:

1. Prior to any works commencing onsite, the developer is to formalise

arrangements for the provision to the City of the $200,000

maintenance payment extended as part of this application.

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

stormwater is to be discharged from the property into other land or

reserves. Stormwater drainage plans are to be included at

submission of Building Permit application.

3. The development shall comply with the City of Swan Irrigations

Specifications.

4. This development shall comply with The City of Swan Landscape

Guidelines.

5. The irrigation lake is to be maintained by the developer for a period

of eight years (8) years from the practical completion during which

time any design faults shall be rectified.

6. All water licences and the appropriate water allocation are to be

handed over to the City of Swan via the Department of Water prior to

the City of Swan accepting handover.

7. All footpaths are to be installed in accordance with STD 103-1S in

line with civil standards which includes a 150mm edge thickening.

8. Root Barriers are to be installed in all situations where trees are to

be planted within 1.8 meters of walls or other impermeable surfaces,

as outlined in the City’s Landscape Guidelines.

9. Upon completion of works the developer is to arrange for a safety

inspection by the relevant suitable agency and is to provide a report

to the City on such inspection certifying the irrigation lake does not

pose a safety risk to the public.

10. Any additional Development, which is not in accordance with the

application or any condition of approval, will require further approval

by Council.

ADVICE NOTES:

a. This is a Development Approval of the City under its Local Planning

Scheme No. 17. It is not a building permit or an approval to

commence or carry out development under any other law. It is the

responsibility of the applicant to obtain any other necessary

approvals, consents and licenses required under any other law, and

to commence and carry out development in accordance with all

relevant laws.


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

of the application as approved herein and any approved plan.

c. In accordance with the Building Act 2011 and Building Regulations

2012, a Building Permit application must be submitted to, and

approved by the City’s Principal Building Surveyor prior to any

construction or earthworks commencing on site.

d. 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.

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

landowner(s) and/or builder(s) of the need to satisfy the

requirements of the conditions of the planning approval for the

subject lot, prior to or on lodgement of Building Applications. The

City will not issue a Building Permit until all the conditions of

planning approval and any other requirements pertaining to this

planning approval have been met (including payment of fees and

charges).

f. To enable your Building Permit Application to be assessed promptly,

please ensure a complete application is submitted to the City.

g. To assist in preparing a complete Building Permit Application refer to

the City of Swan Website (www.swan.wa.gov.au) and follow the links

to Building Services Applicant Checklists.

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

9267.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 off-site effluent

disposal system must be submitted to, and approved by, the City's

Principle Environmental Health Officer, prior to the construction of

such a system.

i. 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.

j. Kerbs, roadways, footpaths, open drains, stormwater pits, service

authority pits, and nature strips must be adequately protected during

construction of the development.

k. 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.

l. 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.


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

approval.

n. 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.

This is not the recommended option.

Implication: The applicant will be able to proceed with the construction of the proposed

irrigation lake. The City will be liable for the cost associated with it once

the infrastructure is handed over to the City.


1) Require the applicant to enter into a legal deed with the City to make

provision for a payment to the City of $1,200,000 to be payable at

the end of the developers maintenance period; such monies to be

held by the City in a reserve account for the purpose of:

i. funding ultimate replacement cost of the infrastructure; and

ii. utilising accrued interest to meet the annual power costs

associated with the maintenance of the recirculation pump,

having regard to the extended lifespan of the lake infrastructure

and the likelihood of rising power costs over time.

2) Subject to the fulfilment of the arrangements in 1) above, delegate

to the Chief Executive Officer authority to approve the proposed

entry irrigation lake on Lot 9252 Banrock Drive, Ellenbrook, subject

to the following conditions:

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

stormwater is to be discharged from the property into other

land or reserves. Stormwater drainage plans are to be included

at submission of Building Permit application.

2. The development shall comply with the City of Swan Irrigations

Specifications.

3. The development shall comply with The City of Swan Landscape

Guidelines.

4. The irrigation lake is to be maintained by the developer for a

period of eight years (8) years from the practical completion

during which time any design faults shall be rectified.

5. All water licences and the appropriate water allocation are to be

handed over to the City of Swan via the Department of Water

prior to the City of Swan accepting handover.


6. All footpaths are to be installed in accordance with STD 103-1S

in line with civil standards which includes a 150mm edge

thickening.

7. Root Barriers are to be installed in all situations where trees are

to be planted within 1.8 meters of walls or other impermeable surfaces, as outlined in the City’s Landscape Guidelines.

8. Upon completion of works the developer is to arrange for a

safety inspection by the relevant suitable agency and is to

provide a report to the City on such inspection certifying the irrigation lake does not pose a safety risk to the public.

9. Any additional Development, which is not in accordance with

the application or any condition of approval, will require further approval by Council.

This is not the recommended option.

Implications: The applicant may not agree to the arrangements whereupon the matter

of a deemed refusal may arise, with subsequent application for a Review

by the State Administrative Tribunal.

Conversely the arrangement will ensure for the most part that cost of this

infrastructure will not be charged to the public.


1) Refuse the proposed entry irrigation lake on Lot 9252 Banrock Drive,

Ellenbrook for the following reasons:

1. The proposed irrigation lake is a water feature with no drainage

function and its size, volume and level of embellishment are

intended for it to serve as an entry statement for the estate,

which directly contravenes the City's adopted policy "Landscape Guidelines: Streetscapes and Public Open Space".

2. The size, volume and level of embellishment of the proposed

infrastructure will impose on the City an unnecessarily high

replacement and maintenance cost (estimated at $3,177,000

over 20 years) relative to estimates of such costs for other

infrastructure (tanks) that may fulfil the purpose of water storage.

3. As a means of storage of water for the purposes of irrigation of

lands within the Ellenbrook Village 7B estate, the loss of

quantities of water through surface evaporation is not

considered to be consistent with the conservation of scare water resources.

This is the recommended option.

Implication: The applicant will have a right of appeal to the State Administrative

Tribunal.

CONCLUSION

Roberts Day, on behalf of LWP Property Management, have lodged an application for the

development of a 3,535m2 irrigation Lake/estate entry statement for Village 7B in


Ellenbrook. The proposed irrigation lake/estate entry statement is contrary to the City’s

adopted Policy "Landscape Guidelines: Streetscapes and Public Open Space" and entails

unnecessarily high replacement and maintenance costs that will place an unsustainable

financial burden on the City and its ratepayers.

Refusal is recommended.

ATTACHMENTS

Attachment 1 – Location Plan

Attachment 2 – Lake Landscape Design

Attachment 3 – Lake Levels and Grading

Attachment 4 – Lake Hard Works

Attachment 5 – Lake Cross Sections

Attachment 6 - Lake Earthworks

Attachment 7 – Financial Summary

STRATEGIC IMPLICATIONS

Nil

STATUTORY ENVIRONMENT

Planning and Development Act 2005

Local Planning Scheme No. 17

Part 8 - Development of land

Part 10.2 - Matters to be considered by Local Government

Landscape Guidelines: Streetscapes and Public Open Space

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple Majority


RECOMMENDATION

That Council resolve to:

1) Refuse the proposed irrigation lake/estate entry statement on Lot 9252 Banrock

Drive Ellenbrook for the following reasons:

1) The proposed irrigation lake is a water feature with no drainage function and

its size, volume and level of embellishment are intended for it to serve as an

entry statement for the estate, which directly contravenes the City's adopted

policy "Landscape Guidelines: Streetscapes and Public Open Space".

2) The size, volume and level of embellishment of the proposed infrastructure

will impose on the City an unnecessarily high replacement and maintenance

cost (estimated at $3,177,000 over 20 years) relative to estimates of such

costs for other infrastructure that may fulfil the purpose of water storage.

3) As a means of storage of water for the purposes of irrigation of lands within

the Ellenbrook Village 7B estate, the loss of quantities of water through

surface evaporation is not considered to be consistent with the conservation

of scare water resources.

MOTION that Council resolve to:

1) Defer consideration of this item to the Ordinary Council Meeting to be held on 18

December 2013.

2) Record the reason for the changing the staff recommendation is to allow Council

additional time to consider additional information provided and make a fully

informed decision.

(Cr Williams - Cr McDonnell)

RESOLVED (12/1) TO:

1) Defer consideration of this item to the Ordinary Council Meeting to be held on 18

December 2013.

2) Record the reason for the changing the staff recommendation is to allow Council

additional time to consider additional information provided and make a fully

informed decision.

For: Crs Bailey, Congerton, Elliott, Gregorini, Haynes, McDonnell, McNamara, Parasiliti,

Trease, Wainwright, Williams and Zannino

Against: Cr Färdig

3.6 PROPOSED ENTRY IRRIGATION LAKE - ANNIE'S LANDING - …€¦ · shown on the endorsed...

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