KEY ISSUES · 2016. 5. 11. · 3.4 Adoption Of The Dayton Local Structure Plan 2B (SP17-21) - 30...

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Ordinary Meeting of Council 04 July 2012 1 3.4 ADOPTION OF THE DAYTON LOCAL STRUCTURE PLAN 2B (SP17-21) - 30 VARIOUS LOTS IN DAYTON Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning) Disclosure of Interest: Nil. Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES The purpose of this Report is to consider Council's 23 May 2012 resolution on the Dayton Local Structure Plan 2B (LSP2B) following consultation with: o Department of Indigenous Affairs (DIA) on its acceptance of the appended Cultural Heritage Plan, and; o Coast Road landowners regarding the proposed modification to LSP2B to temporarily use Coast Road as an interim route for urban traffic until Henley Brook Avenue and Marshall Road are constructed. DIA advised that if all parties operating in the Structure Plan area implement the Management Commitments in 6.3 of the Cultural Heritage Plan they should meet all obligations under the Aboriginal Heritage Act. Another 4 submissions were received from affected landowners, with 1 objecting to the temporary use of Coast Road, citing that it will create unsafe traffic conditions and the noise will affect their amenity. Concerns with the temporary traffic conditions on Coast Road need to be balanced against the opposition to the alternative proposal to acquire and construct Marshall Road through to West Swan Road. With upgrades City staff are satisfied that Coast Road provide a sound and safe interim access solution should Marshall Road and Henley Brook Avenue be unavailable at the 1,200 lot development trigger. The proponent requested a modification to the Structure Plan Map to keep the existing Cranleigh Street reservation between Arthur Street and Sam Rosa Place as a road reserve and use it for drainage. Officers support this minor change since it offers an expeditious solution for a subdivider to propose drainage at/close to source on accessible land. It is recommended that the Council delegate to the Principal Planner authority to grant final approval to the Dayton Local Structure Plan 2B document, subject to the issues and modifications listed in the recommendations being satisfactorily addressed and forward LSP1 to the WAPC for endorsement AUTHORITY/DISCRETION The area subject of the proposal is zoned "Special Use" under Local Planning Scheme No.17 (LPS17) and Clause 5A.1.4.1 requires the approval of a Local Structure Plan prior to subdivision or development in that zone.

Transcript of KEY ISSUES · 2016. 5. 11. · 3.4 Adoption Of The Dayton Local Structure Plan 2B (SP17-21) - 30...

  • Ordinary Meeting of Council

    04 July 2012

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    3.4 ADOPTION OF THE DAYTON LOCAL STRUCTURE PLAN 2B (SP17-21) - 30

    VARIOUS LOTS IN DAYTON

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

    Disclosure of Interest: Nil.

    Authorised Officer: (Executive Manager Planning and Development)

    KEY ISSUES

    • The purpose of this Report is to consider Council's 23 May 2012 resolution on the Dayton Local Structure Plan 2B (LSP2B) following consultation with:

    o Department of Indigenous Affairs (DIA) on its acceptance of the appended Cultural Heritage Plan, and;

    o Coast Road landowners regarding the proposed modification to LSP2B to temporarily use Coast Road as an interim route for urban traffic until

    Henley Brook Avenue and Marshall Road are constructed.

    • DIA advised that if all parties operating in the Structure Plan area implement the Management Commitments in 6.3 of the Cultural Heritage Plan they should

    meet all obligations under the Aboriginal Heritage Act.

    • Another 4 submissions were received from affected landowners, with 1 objecting to the temporary use of Coast Road, citing that it will create unsafe

    traffic conditions and the noise will affect their amenity.

    • Concerns with the temporary traffic conditions on Coast Road need to be balanced against the opposition to the alternative proposal to acquire and

    construct Marshall Road through to West Swan Road. With upgrades City staff

    are satisfied that Coast Road provide a sound and safe interim access solution

    should Marshall Road and Henley Brook Avenue be unavailable at the 1,200 lot

    development trigger.

    • The proponent requested a modification to the Structure Plan Map to keep the existing Cranleigh Street reservation between Arthur Street and Sam Rosa

    Place as a road reserve and use it for drainage. Officers support this minor

    change since it offers an expeditious solution for a subdivider to propose

    drainage at/close to source on accessible land.

    It is recommended that the Council delegate to the Principal Planner authority to grant

    final approval to the Dayton Local Structure Plan 2B document, subject to the issues

    and modifications listed in the recommendations being satisfactorily addressed and

    forward LSP1 to the WAPC for endorsement

    AUTHORITY/DISCRETION

    The area subject of the proposal is zoned "Special Use" under Local Planning Scheme

    No.17 (LPS17) and Clause 5A.1.4.1 requires the approval of a Local Structure Plan prior

    to subdivision or development in that zone.

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    Council's consideration is required since at its 23 May 2012 meeting, Council did not

    delegate to the Principal Planner the right to approve the Dayton Local Structure Plan 2B

    if an objection was received from a consulted landowner. One objection was received so

    Council's resolution is required for the approval of this structure plan.

    BACKGROUND

    Applicant: Burgess Design Group

    Owner: 9 lots are owned by St Leonards Estate Pty Ltd

    formerly West Swan Estate Pty Ltd (Directors Paul

    Basso-Brusa, Terence Budge, Robert Stewart, Robert

    Ryan, Gavin Hawkins, Reginald Gillard) and Agram

    Properties formerly Sagecorp Properties Pty Ltd

    (Directors Reginald Gillard, Gavin Hawkins, Diniz

    Cardoso), which are part of the Aspen Limited group of

    companies (Directors Seng Fai Chan, Terence Budge,

    Gavin Hawkins, Reginald Gillard, Frank Zipfinger).

    The balance of the site (approx. half the LSP2B area) is

    owned by various individual landowners. The City of

    Swan owns land on parts of Diagram 47414 and Plan

    2235, which is an existing drain north of Marshall

    Road.

    Zoning: LPS 17 - Special Use Zone 11 - West Swan

    MRS - Urban

    (Note that remnant portions of Lot 26 on P18486, Lot

    127 on P18486, Lot 28 on P18486 and Lot 29 on

    P18486 that are east of the Dampier to Bunbury

    pipeline easement are zoned LPS17 'General Rural' and

    MRS 'Rural')

    Strategy/Policy: Swan Urban Growth Corridor Sub-Regional Structure

    Plan (WAPC)

    Swan District Water Management Plan (DoW)

    State Planning Policy 3.6 Development Contributions

    for Infrastructure (WAPC)

    City of Swan POL-TP-138 Infrastructure Strategy for

    Development Contributions

    Development Scheme: Development Contribution Plan for DCA 2 - Dayton

    West Swan East District Structure Plan (ODP-159)

    Existing Land Use: Predominately Rural Residential Living with approx.

    4.5ha cleared and filled for subdivision works approved

    under early release.

    Lot Area: 53.76 ha

    Use Class: Proposed Residential (R5, R20, R30 & R40), 2 Public

    Open Space / Drainage Reserves, Public Purpose -

    Primary School and Public Utility reserve.

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    DETAILS OF THE PROPOSAL

    The proposal relates to the development of a 53.76 hectare area of Dayton, east of

    Arthur St and north of Western Power's 330KV power-line easement and proposes:

    • Approximately 485 residential lots at densities ranging from R5 to R40;

    • Two (2) areas of public open space (one of these areas incorporates an existing 'Resource Enhancement' category wetland);

    • A 5.6ha primary school site;

    • An integrated transport and servicing network, and;

    • The landscaping and vesting of the 330KV powerline easement south of the Marshall Road reservation, to facilitate an east-west pedestrian and cyclist link to

    the broader region.

    LSP2B is consistent with the approved West Swan East District Structure Plan.

    The applicant has submitted the following documents in support of the proposal:

    • Engineering Servicing Report (Appendix 1 of the Application report).

    • Traffic Impact Assessment Report (Appendix 2 of the Application report).

    • Landscape Management Plan (Appendix 3 of the Application report).

    • Cultural Heritage Management Plan (Appendix 4 of the Application report).

    • Wetland Management Plan (Appendix 5 of the Application report).

    • Addendum to the West Swan East Local Water Management Strategy (Appendix 6 of the Application report).

    • Engineering Concept Plans for Marshall Road (Appendix 7 of the Application report).

    DESCRIPTION OF SITE

    The proposed Dayton Local Structure Plan 2B area comprises some 29 existing

    landholdings amounting to 53.76 hectares of land, north of Coast Road, east of Arthur

    Street, predominantly south of Cranleigh Street and extending easterly to the end of

    Sam Rosa Place, in Dayton. The landholdings comprise mostly existing and former semi-

    rural lots developed on a palusplain that has been predominantly cleared for such

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    purposes. The Structure Plan area contains a resource enhancement wetland in its south

    western corner, Western Powers 330kV powerlines traverse the lower part of the area

    (east-west axis) with the Dampier to Bunbury Natural Gas Pipeline and the Parmelia Gas

    Pipeline running along a north-south axis at its easternmost extremity

    SITE HISTORY/PREVIOUS APPROVALS

    19 October 2009: The WAPC approved the applicant's early release subdivision (WAPC

    Application No.141761) of portions of Lot 4 Cranleigh Street, Lots 21-23 Sam Rosa

    Place, Lots 24-25 Coast Road and the City's drain on parts of Diagram 47414 and Plan

    2235. This subdivision involves 44 single residential lots and 3,130sqm of approx. 5.1ha

    of the wetland public open space within the LSP2B area.

    This decision means that approximately 6 hectares of the local structure planning area

    has already been approved for development. LSP2B is consistent with the approved early

    release subdivision and has been submitted to allow the remaining area to be

    subdivided.

    OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

    7 April 2010: Council endorsed the West Swan East District Structure Plan, which was

    subsequently endorsed by the WAPC on the 7th April 2012. The proposed Local Structure

    Plan is considered to be consistent with the Council adopted District Structure Plan.

    25 May 2011: Council adopted the Dayton Development Contribution Plan (DCP) and its

    related Scheme Amendment (No.58), subject to modifications. These were completed in

    the June 2011 amended documentation and forwarded to the WAPC with a request that

    the Hon. Minister for Planning grant final approval. Department of Planning officers

    cannot provide a definitive response as to when Amendment No.58 would be gazetted.

    7 September 2011: Council resolved to advertise the draft Dayton Structure Plan 2B for

    a period of 42 days subject to modifications. The modifications were completed to the

    satisfaction of the CEO in a submission received on the 7th December 2011 and

    advertising commenced on the 11th of January 2012.

    23 May 2012: Council resolved to:

    1) To readvertise for a period of 14 days the November 2011 Dayton Local

    Structure Plan 2B (and all seven appendices) stamp dated received 7

    December 2011, to landowners along Coast Road between Arthur Street and

    West Swan Road in order to ascertain their comment on the proposed

    utilisation of this road as the Council's preferred interim access arrangement

    pending the construction of Henley Brook Avenue between Marshall Road and

    Reid Highway.

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    2) To refer the Cultural Heritage Plan contained within the Structure Plan report

    documentation to the Department of Indigenous Affairs (DIA) for advice and

    comment in accordance with Local Planning Scheme 17 requirements.

    3) Delegate to the Principal Planner authority to grant final approval to the

    Dayton Local Structure Plan 2B document, subject to no objections from the

    consulted Coast Road landowners and acceptance of the Cultural Heritage

    Plan by the DIA and the following requirements:

    1. Approval of the Wetland Management Plan by the Department of

    Environment and Conservation.

    2. The Structure Plan documentation, including the Plan at Figure 9 being

    amended as follows:

    (i) The R5 coding on the Plan be changed to an R30 coding.

    (ii) Section 5.2.3 "Future Lot Yield" of the report document,

    including Table 3 be modified to reflect the dwelling yield

    implications of the coding change.

    (iii) Item 12 in the DCP works table on the Plan and Table 6 in the

    report document to read "Upgrade to Coast Road between

    Arthur Street and West Swan Road (localised widening and

    enhanced street lighting)"; and "Intersection of Coast Road

    and West Swan Road (construct priority controlled

    intersection)".

    (iv) The "Residential Transition Zone" designation is to be

    removed from the Plan at Figure 9 including the associated

    legend.

    (v) Those portions of existing Lots 26, 28 and 29 Sam Rosa Place

    and Lot 549 Malvern Street subject of the Dampier Bunbury

    Gas Pipeline Easement are to be depicted as "Balance Lot" on

    the Plan.

    (vi) The second, third and fourth paragraphs of section 5.9.2

    "Principles and Uses" in the report document are to be deleted

    with new text inserted reflective of the "Balance Lot"

    arrangement and outlining the requirements subject of the

    new Note 13.

    (vii) The delineation of portions of existing Lots 26, 28 and 29 Sam

    Rosa Place and Lot 549 Malvern Street as "D.A.P.s Required"

    is to be deleted from the Plan and the associated legend.

    (viii) The second paragraph of section 5.2.6 "Detailed Area Plans"

    in the report document is to be deleted.

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    (ix) Note 8 on the Plan is to delete reference to the gas pipeline

    easements.

    (x) The present wording of Note 13 on the Plan is to be deleted

    and replaced to say: "Prior to subdivision of Lots 26 or 29

    Sam Rosa Place or Lot 549 Malvern Street, a Risk

    Management Plan must be prepared in accordance with the

    requirements of the WAPC's Planning Bulletin 87. Such Risk

    Management Plan is to be approved by the Parmelia Gas

    Pipeline operator and implemented to the satisfaction of the

    Western Australian Planning Commission."

    (xi) Table 4 - "Public Open Space Summary" is to be recalculated

    consistent with Liveable Neighbourhoods requirements to the

    satisfaction of the Principal Planner.

    (xii) The Plan delete the delineation of the 330kV Powerline

    Easement as Public Utility Reserve and remove this

    designation from the associated legend.

    (xiii) Amend sections 5.6.1 "Context" and 5.6.2 "Principles and

    Uses" of the report document to remove reference to the

    easement being a public utility reserve.

    4) Subject to fulfilment of 1), 2) and 3) above, refer the Local Structure Plan 2B

    to the Western Australian Planning Commission with a request for its

    endorsement.

    5) Subject to fulfilment of 1), 2) and 3) above advise all those parties who have

    made a submission of Council's decision.

    One objection was received from an affected Coast Road landowner and this is the

    subject of this report.

    CONSULTATION

    In accordance with Council's 23 May 2012 resolution, the proposal was re-advertised to

    affected landowners on Coast Road, with a covering letter seeking their comment on

    Council's preferred option to use Coast Road as an interim access arrangement until

    Henley Brook Avenue was constructed between Marshall Road and Reid Highway.

    5 submissions were received, of which 3 offered no objection, 1 objecting to Council's

    position and 1 submission from the Department of Indigenous Affairs (DIA). Full details

    of submissions are outlined in the Schedule of Submissions contain in the attachments.

    The objection and key issues will be discussed further in the report.

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    CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

    The City sought the Department of Indigenous Affairs (DIA) advice and comment on the

    Cultural Heritage Plan within the Structure Plan report documentation. DIA advised that

    if all parties operating in the Structure Plan area implement the Management

    Commitments suggested in 6.3 of the Cultural Heritage Management Plan they should

    meet all obligations under the Aboriginal Heritage Act.

    DETAILS

    Connection to Regional Road Network - proposed interim arrangements

    The following extract of the 23 May 2012 report explains Council's rationale to amend

    the proposed structure plan to have an upgraded Coast Road utilised for interim access if

    Marshall Road and Henley Brook Avenue were not acquired and constructed at the

    development of 1,200 lots:

    "The proposed structure plan is reflective of the Dayton District Structure Plan in

    indicating that Marshall Road will provide a connection to the future Henley Brook

    Avenue extension. The LSP2B traffic reports have indicated that such a

    connection and the construction of Henley Brook Avenue to a single carriageway

    standard southward to Reid Highway would be required once 1200 dwelling units

    have been created within the Dayton development cell. Given the likelihood that

    the land acquisition for this portion of Henley Brook Avenue may not be

    completed by the time the 1200 dwelling unit trigger is reached, the structure

    plan proposes an interim arrangement that would extend Marshall Road through

    to West Swan Road.

    The Department of Transport (DoT) has objected to the Structure Plan because,

    in its view, a proper analysis of traffic impact on the regional road network has

    not been undertaken and that a proper access strategy should first be prepared in

    consultation with Main Roads WA and Department of Planning before the

    structure plan can be approved. In response to this comment, several points need

    to be noted. Connections between the area subject of this local structure plan and

    the surrounding regional road network were detailed in, considered and

    determined as part of, the Dayton District Structure Plan and at a broader level

    as part of the Swan Urban Growth Corridor Sub-Regional Structure Plan. Both the

    former and later documents have been adopted by the Western Australian

    Planning Commission, the former as a statutory document and the later as a

    strategic document. The assessment and determination of these documents had

    the input of the then Department of Planning Infrastructure (DPI) and Main Roads

    WA. For the DoT to suggest that there has been inadequate strategic planning or

    a lack of consideration of regional traffic issues plainly is a misinformed comment

    made without a background understanding of prior work within the City's urban

    growth corridor.

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    The proposed interim option of connecting Marshall Road through to West Swan

    Road until Henley Brook Avenue southwards onto Reid Highway is constructed is

    not supported by the Infrastructure Planning and Co-ordination (IPaC) section of

    the Department of Planning. Peculiarly the IPaC has stated that the reason for

    opposition to such connection is that existing traffic reports have noted that West

    Swan Road is already overburdened by traffic. The comments then go on to say

    that Coast Road should be sufficient for access to West Swan if needed. A

    preference for one option over another based on traffic impact onto Western Road

    makes no sense when both options are putting additional traffic, at least for an

    interim period, onto West Swan Road. Again it appears that the comments

    provided are based on a misunderstanding that the arrangement would be an

    interim temporary access solution only.

    From the City's perspective, use of Coast Road as an interim arrangement has the

    benefit of being an existing through connection which, in comparison with the

    Marshall Road option, does not require the acquisition of land, save potentially for

    widening around the intersection at West Swan Road. City engineering staff are

    satisfied that the road carriageway width of 7 metres can accommodate the

    anticipated traffic volumes, however localised upgrades would be required to

    achieve a uniform width throughout.

    By comparison the extension of Marshall Road through to West Swan Road would

    require land acquisition from no fewer than 7 property owners, one of which has

    expressed opposition to the proposed structure plan. Given this, it would seem

    doubtful that this option could be facilitated in the expeditious manner necessary

    to provide a sound interim access solution.

    Whilst utilising an upgraded Coast Road is a more expeditious interim access

    solution, it was not presented as part of the advertising of the proposed structure

    plan. Given an interim access arrangement will see a period of increased traffic

    along an existing rural road, it is appropriate for landowners, including the

    Caversham Primary School, to consider and make comment upon any impact this

    may have to their amenity.

    To this end should Council resolve to amend the proposed structure plan to have

    an upgraded Coast Road utilised for interim access, then it is appropriate to refer

    this arrangement back to those affected landowners along Coast Road for

    comment prior to consideration of final adoption. It is recommended that this

    occur."

    One objection was received from rural landowner citing that the additional traffic on

    Coast Road poses a safety risk to children attending the Caversham Primary School, will

    encourage speeding and the noise will affect the rural amenity of the location. These

    concerns are addressed under the following headings:

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    Concerns with Speeding Drivers on Coast Road: Coast Road between Arthur

    Street and West Swan Road has a rural speed limit of a 70kph (except for the

    school-zone around the Caversham Primary School) and one objection was

    concerned that the development will result in more speeding drivers. This concern

    can be addressed by reducing the speed limit to an urban standard to encourage

    motorist to drive more appropriately along this road. This is a separate

    consultation process so should not delay Council's decision on this structure plan.

    Safety Concerns with the Caversham Primary School: The objector was of the

    opinion that the additional traffic on Coast Road poses a safety risk to children

    attending the Caversham Primary School. Staff are satisfied that the combination

    of existing traffic-calming islands on either side of the primary school and a

    reduced speed limit mitigates this concern.

    Concerns with Noise levels: Increased noise levels generated by traffic was

    another concern raised by the objection. While noting their dissatisfaction, the

    estimated traffic conditions for Coast Road (4,870vpd; assuming LSP1, LSP2B and

    LSP2A areas are developed) is temporary and do not trigger the need for a noise

    assessment under State Planning Policy 5.4 (SPP 5.4). Under SPP 5.4, an

    assessment of noise is required for "urban roads carrying more than 20,000vpd"

    or "other rural primary distributors carrying more than 5,000 vpd" unless the

    situation to be exceptional circumstance. The City does not consider this to be an

    "exceptional circumstance" due to the rural area's proximity to noisy activities,

    such as the Caversham Primary School and one property is within the aircraft

    noise contours for the Perth Airport.

    Ultimately, Coast Road west of Henley Brook Ave will not have direct access onto

    Henley Brook Avenue. This would effectively leave the rural section west of

    Henley Brook Ave to local traffic. However, a noise assessment of Henley Brook

    Avenue would be done in accordance with SPP prior to its construction.

    These concerns with the temporary traffic conditions on Coast Road need to be balanced

    against the opposition and impracticalities of the alternative proposal to acquire and

    construct Marshall Road through to West Swan Road at the creation of 1,200 lots. This

    alternative option was not supported by key state agencies involved in regional road

    planning (DoT and IPaC) and would require land acquisition from no fewer than 7

    property owners; one of which has expressed opposition to the proposed structure plan.

    Given the unwillingness of affected landowners to subdivide, it would seem doubtful that

    the Marshall Road option could be facilitated in the expeditious manner necessary to

    provide a sound interim access solution.

    It is for these reasons that officers still support the interim use of Coast Road should

    Henley Brook Avenue and Marshall Road still need to acquired and constructed at 1,200

    lots and this outcome is reflected in the recommendations.

    Marshall Road Drainage Capacity & basin on Lot 27 Coast Road

    The Local Water Management Strategy (LWMS) appended to the District Structure Plan

    was approved by the Dept. of Water (DoW) and City in June 2009 and provides an

    appropriate level of detail to support individual Local Structure Plans for Dayton.

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    However, the adopted LWMS did not contemplate the scenario of modification to the

    existing drainage basin on Lot 27 and the implications for district/local level drainage.

    As raised in the 23 May 2012 Council Report, staff have identified that the Marshall Road

    reservation confirmed by Local Structure Plan 2B will require the existing drainage basin

    at Lot 27 Coast Road to be re-designed by way of a pipe upgrade. Without such a

    redesign, the existing drainage system does not have capacity to convey the full 100 yr

    ARI pre-development flow and will flood rural land downstream.

    The upgrading of the drainage network along Marshall Road still need to confirm through

    revisions to the Marshall Road engineering drawings (Appendix 6 of the proposal) and an

    updated LWMS, which the applicant is updating but they could not have the final

    documents available before the Council meeting. Staff understand from the applicant's

    consultant JDA that this will involve a proposal to replace the existing pipe drain section

    between Marshall Road and the Swan River (typically 525mm diameter) with larger

    diameter pipes (nominally 7500mm diameter) and reconfigure the existing basin on Lot

    27 to approx. one thirds of its current size.

    Staff see no reason to defer an item to Council provided the technical aspects of the

    proposal are sound and are addressed to the satisfaction of the delegated authority prior

    to forwarding LSP2B to the WAPC for final approval. This is reflected in the

    recommendations and work will proceed such that the requisite adjustments to the Local

    Water Management Strategy can be made and any drainage infrastructure upgrade

    included as a Developer Contribution item in the Dayton Developer Contribution Plan.

    Use of the Cranleigh St reservation between Arthur St and Sam Rosa Place

    During re-advertising, the proponent request that the Cranleigh Street reservation

    between Arthur Street and Sam Rosa Place be retained as a road reserve, instead of the

    surplus land being incorporated into Aspen's Lot 3 Arthur Street, Lot 4 Cranleigh Street

    and Lot 21 (no.12) Sam Rosa Place for future Residential R60.

    The proposal is to still straighten the alignment of the Cranleigh Street carriageway but

    Aspen now proposes to have the drainage swale on the Southern Side for stormwater

    attenuation. In effect, this change would enable the release of Aspen's land in advance

    of drainage infrastructure being available downstream (which is not in their ownership)

    and but would reduce the R60 lot yield. From a design perspective, the submission

    added that:

    "there is no constraint to the overall development of this urban area by not

    closing this section of surplus road reserve", and;

    "it may be possible to construct additional parking bays within this greater

    reserve to service the proposed Primary School abutting to the north, together

    with the rear-laneway residential housing proposed to the south"

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    Officers support these modifications as they do not change the proposed traffic network,

    enables more opportunity for on-street car parking and offers an expeditious solution for

    a subdivider to propose drainage at/close to source on accessible land. The impact on

    the indicative lot yield is marginal and the R60 coding allows the landowner more

    flexibility at the subdivision stage. Notwithstanding, the documentation will need to be

    updated to reflect the decrease in lot yield resulting from this redesign.

    OPTIONS AND IMPLICATIONS

    Local Planning Scheme No.17 Clause 5A.1.9.1 provides the following options:

    Option 1: Council adopt the draft Local Structure Plan and the Coast Road interim

    access arrangement with modifications, as listed in the Recommendation.

    This is the recommended option.

    Implications: The applicant would be required to make modifications to address

    outstanding issues to the satisfaction of the Principal Planner prior to

    forwarding the Local Structure Plan to the WAPC for endorsement. The

    modifications are minor in nature and would provide the applicant with

    some surety as to Council's concerns with the draft Structure Plan. This is

    the recommended option.

    Option 2: Council defer determination until additional information is provided by the

    applicant to provide the precise detail on how the drainage network along

    Marshall Road to the Swan River is to be re-designed, as a result of

    development in Dayton.

    Implications: The applicant would be required to make modifications to address

    outstanding issues before the matter was referred back to Council for

    formal consideration. Given the technical nature of the minor modifications

    requested, this option will unnecessarily delay development and can be

    addressed under delegated authority.

    CONCLUSION

    The Dayton Local Structure Plan 2B was readvertised by resolution of Council at its OCM

    of 13 June to allow public feedback on the proposed use of Coast Road as an interim

    access arrangement pending the construction of Henley Brook Avenue from Marshall

    Road to Reid Highway. Confirmation from Department of Indigenous Affairs as to the

    adequacy of the Cultural Heritage Management Plan was also sought.

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    A total of 6 submissions were received through advertising, with one landowner opposed

    to the use of Coast Road for interim access on the grounds of safety and amenity (noise)

    concerns. City staff are satisfied that the road upgrade, coupled with existing traffic

    calming devices and a potential lower signed speed limit will ensure the road is

    functional and safe. On this basis, City staff reiterate the merits of utilising Coast road as

    the interim access arrangement as opposed to the extension of Marshall Road.

    In addition to those modifications detailed in the report to the OCM of 13 June 2012 and

    the resolution made subsequently by Council, a further modification has been added

    which proposes the retention of the existing Cranleigh Street road reserve between

    Arthur Street and Sam Rosa Place, instead of the surplus land being incorporated into

    Aspen's Lot 3 Arthur Street, Lot 4 Cranleigh Street and Lot 21 (no.12) Sam Rosa Place

    for future Residential R60. Given the benefits of this arrangement and the very marginal

    reduction in lot yield, the modification is supported by staff. Accordingly the Structure

    Plan map will need to be modified and references to the dwelling yield and net residential

    area updated.

    It is recommended that Council delegate to the Principal Planner authority to approve

    the Dayton Local Structure Plan 2B, subject to the issues and modifications listed in the

    recommendations being addressed.

    ATTACHMENTS

    • Locality Plan.

    • Draft November 2011 Dayton Local Structure Plan 2B (map only).

    • Schedule of Submissions.

    STRATEGIC IMPLICATIONS

    The draft West Swan East Local Structure Plan 2B is in a priority area for urban

    development and is consistent with the objectives of the State’s endorsed Urban Growth

    Corridor Sub-Regional Structure Plan and approved District Structure Plan for West Swan

    East. Therefore its endorsement will not conflict with planning policies.

    STATUTORY IMPLICATIONS

    Local Planning Scheme No. 17 (specifically Part 5A and Schedule 4).

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    3.4 Adoption Of The Dayton Local Structure Plan 2B (SP17-21) - 30 Various

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    FINANCIAL IMPLICATIONS

    There is a Development Contribution Plan for Dayton (DCP), which establishes which

    roads, POS, community facilities and selected gas infrastructure which are part of the

    cost-sharing arrangements. Council approved this DCP and Scheme Amendment 58 at its

    25 May 2011 Ordinary Meeting but this is with the WAPC and Minister for final approval.

    The District Structure Plan & LWMS (which informed the DCP's inputs) did not

    contemplate the implications for district/local level drainage if the existing basin on Lot

    27 was re-designed by way of a pipe upgrade downstream. Consequently, these

    drainage upgrades are not part of the cost-sharing arrangements in the DCP. City staff

    however are presently taking steps to ensure these items are installed within the DCP.

    VOTING REQUIREMENTS

    Simple majority.

    RECOMMENDATION

    That the Council resolve to:

    1) Delegate to the Principal Planner authority to grant final approval to the Dayton

    Local Structure Plan 2B document, subject to the following requirements:

    1. Approval of the Wetland Management Plan by the Department of Environment

    and Conservation.

    2. The Structure Plan documentation, including the Plan at Figure 9 being

    amended as follows:

    i. The R5 coding on the Plan be changed to an R30 coding.

    ii. Section 5.2.3 "Future Lot Yield" of the report document,

    including Table 3 be modified to reflect the dwelling yield

    implications of the coding changes.

    iii. Item 12 in the DCP works table on the Plan and Table 6 in the

    report document to read "Upgrade to Coast Road between

    Arthur Street and West Swan Road (localised widening and

    enhanced street lighting)"; and "Intersection of Coast Road

    and West Swan Road (construct priority controlled

    intersection)".

    iv. The "Residential Transition Zone" designation is to be

    removed from the Plan at Figure 9 including the associated

    legend.

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    3.4 Adoption Of The Dayton Local Structure Plan 2B (SP17-21) - 30 Various

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    v. Those portions of existing Lots 26, 28 and 29 Sam Rosa Place

    and Lot 549 Malvern Street subject of the Dampier Bunbury

    Gas Pipeline Easement are to be depicted as "Balance Lot" on

    the Plan.

    vi. The second, third and fourth paragraphs of section 5.9.2

    "Principles and Uses" in the report document are to be deleted

    with new text inserted reflective of the "Balance Lot"

    arrangement and outlining the requirements subject of the

    new Note 13.

    vii. The delineation of portions of existing Lots 26, 28 and 29 Sam

    Rosa Place and Lot 549 Malvern Street as "D.A.P.s Required"

    is to be deleted from the Plan and the associated legend.

    viii. The second paragraph of section 5.2.6 "Detailed Area Plans"

    in the report document is to be deleted.

    ix. Note 8 on the Plan is to delete reference to the gas pipeline

    easements.

    x. The present wording of Note 13 on the Plan is to be deleted

    and replaced to say: "Prior to subdivision of Lots 26 or 29

    Sam Rosa Place or Lot 549 Malvern Street, a Risk

    Management Plan must be prepared in accordance with the

    requirements of the WAPC's Planning Bulletin 87. Such Risk

    Management Plan is to be approved by the Parmelia Gas

    Pipeline operator and implemented to the satisfaction of the

    Western Australian Planning Commission."

    xi. Table 4 - "Public Open Space Summary" is to be recalculated

    consistent with Liveable Neighbourhoods requirements to the

    satisfaction of the Principal Planner.

    xii. The Plan delete the delineation of the 330kV Powerline

    Easement as Public Utility Reserve and remove this

    designation from the associated legend.

    xiii. Amend sections 5.6.1 "Context" and 5.6.2 "Principles and

    Uses" of the report document to remove reference to the

    easement being a public utility reserve.

    xiv. Update the Dayton LSP2B traffic assessment (Appendix 2) to

    reflect the changes proposed to the interim access

    arrangements proposed in 'ii' above.

    xv. Update the Marshall Road Engineering Concept Plans in

    Appendix 7 to remove all references to an interim road

    connection of Marshall Road west of Henley Brook Avenue to

    West Swan Road and how local/district drainage is to connect

    to the upgraded basin and pipe network downstream.

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    3.4 Adoption Of The Dayton Local Structure Plan 2B (SP17-21) - 30 Various

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    xvi. The R60 coding in the Cranleigh Street reservation between

    Harrow Street and Sam Rosa Place be retained as road

    reserve.

    xvii. Table 2 Land Use Summary and the Land Use & Public Open

    Space Schedule on the Map be modified to reflect the

    implications of retaining the existing Cranleigh Street

    reservation between Harrow Street and Sam Rosa Place as a

    road reserve.

    2) Subject to fulfilment of 1) and 2) above, refer the Local Structure Plan 2B to the

    Western Australian Planning Commission with a request for its endorsement.

    3) Subject to fulfilment of 1) and 2) above advise the applicant and all those parties

    who have made a submission of Council's decision.

    CARRIED

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