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PROPOSED MIXED-USE DEVELOPMENT
GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA
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PROPOSED MIXED-USE DEVELOPMENT
GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA
F 30102013
AO 101
PROPOSED MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET
DENMARK
AYTON BAESJOU PLANNIN G
PLANNING REPORT
Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd
A8N 15061140172
I I Duke Street Albany WA 6330
Ph 9842 2304 Fax 9842 8494
Contents
1 INTRODUCTION 1
2 LOCATION AREA AND ZONING 1
LOCATION PLAN 1
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2
4 PLANNING CONTEXT bull 7
41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10
5 PROPOSED DEVELOPMENT 11
51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13
6 CONCLUSION 18
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
1 INTRODUCTION
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The owners of Lot 200 Strickland Street propose to develop a mixed use development in
accordance with the Residential Design Codes which have recently been amended to encourage
such development
The project will include a cafe facing North Street four commercial offices located at ground
level along Strickland Street and seven residential units on the first floor above the cafe and
offices The offices also have flexibility to be used as residential units or connect through to
residential accommodation on the first floor
The following report provides background information in support of the proposal
2 LOCATION AREA AND ZONING
Lot 200 is located on the south east corner of Strickland Street and North Street within the
Denmark town centre Refer Location Plan below
The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of
Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the
property
Y201340 GJ RobertsonPR_Nov13doc - 1 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Lot 200 was originally developed with a single dwelling which has recently been demolished
The land is now vacant and is bounded by Strickland Street on its western boundary and North
Street on its northern boundary A five metre wide ROW abuts the southern boundary A single
storey residential dwelling is located on the lot to the east A feature survey of the site is
attached
The balance of the super lot which also fronts South Coast Highway and Horsley Road is used
for a mix of commercial development including caferestaurants newsagent liquor store art
gallery real estate offices and shops To the west on the opposite side of Strickland Street is
the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot
257 which is currently reserved for a fire station
A portion of the old hospital reserve has recently been developed for a public car park with 28
car bays Streetscape works within Strickland Street have also significantly increased on-street
car parking with right angle car parking provided adjacent to the subject land
The site slopes relatively gently from the south western corner of the property which is
approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO
The site is connected to all essential services such as scheme sewer water power and
telecommunications
The nature and character of nearby and surrounding development are illustrated in the
photographs overleaf There is a mix of single and two storey development which
predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves
predominate A wide range of materials are used including brick and rendered walls and timber
cladding The IGA building is an example of a modern larger scale building which nevertheless
has been successfully integrated amongst the more traditional buildings
Y201340 GJ RobertsonPR_Nov13doc 2
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting South Coast Highway
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET D ENMARK
War Memorial located on South West corner of South Coast Highway and Horsley Road
Y201340 GJ RobertsonPR_Novl3doc - 3-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
Y201340 GJ RobertsonPR_Nov13doc - 4 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
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Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
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Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
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OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
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bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
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RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
SURVEY PLAN $CAlf 1 200
ISSUE FOR PLANNING APPROVAL
s IS
10
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
2f
20
SCALE BAR IN METRES
201
NO TE CONT()(fliS tlKE A T OSm 11llRVALS ANDAliE BASED ON AHD _ BOVNDARYllhES SHOWII AliE lipoundPlipoundSENTA TIOVAL ONl Y AND AliE SUBJECT TrJSlllivEY
DENMARK SURVEY amp MAPPING
LICENSED SUR VEY ORS Anchw Lbullfort M_ o-129 482 262 Slcphcn Bondini Mob o-127 II SJO
JOB 1280 14-0907
PO Box ))9 ISS SlrickJd s DENMAJUI WA 6llJ
Al
Tel (01) 91148 22ol Fu (08198412221 Email d1momnlneLncrau A ON 6S 80 I 497860
HN 30101013 A
CltKBY ORH 8Y DATE REV
LOCATION wn ooCNR
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ISSUE FOR PLANNING APPROlAl
ISSUE FOR OISCUSSICJH
ISSUHORAPPOVAI
AMEllaquogtMENTS TO LAYOUT
NORTII amp STRJCKJA~D STREET DENMARK WA 6llJ
GRAEME ROBERTSON
PRELIMINARY ISSUE FOR DISCUSSION DESCRIPTION
I 0 I 2) $
IMI liiil UM ampCALi 1200
L HN
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CHKBY ORN SY
SITE LAYOUT I UNDERCROFT LAYOUT SCAll 1 1GO
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5500 6000
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10000
FOR PLANNING APPROVAL
l 1890 5500 1
$
~-------~7--~ ----1
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middotmiddot
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UYQJfl1C
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9010
r MIENDMENIS TO LAYOUT
REV 0poundSCRIPT10N
53800
10910
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5 6
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9010
ISSUE Fell PlMNHG NfROVAI
ISSUE FOR OISCUSSKlN
ISSUE FOR NlROVAI
NIEl40MEN1STOlAYOU1
tJ HN 301G2013 bull PllElMHARY ISSUE FOA OISGUSSIOIlt ClfltBY Dflll8Y OATC RfI 0euroSCRIP110H
3000 3010 3000
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= = =
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110ll201 PAUL MESCHIATI AND ASSOCIATES 1~08201 ~OESIGNERSNIOP~ __ _ 07oe2013 _deg ~ 24052013
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8 r
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CAFE SEATING CNE IC1101ENIHILUTIONS ~VRUCO
CAFE TOTM
664Tft1 UIS mt 44lleOll
1Wl1
IIll t StORE 418 m2 tlT1~ M15112 ltlT 2SfaE 4Mll2 IHT 2 rJIRPQltl 1US m1 lN13STORE 4192 Hf 3CARPORT M~ Ml IMT4STOAE 5CM-2 lNT 4~ 1U5laquo12 5STDRE 1Cll m2 HT$cNtPClT tU01 lNTfnCJE u1S12 UNrr8CllfU20R1 1UOfft2 Hl7STCPpound 6002 HJ 7 0trAP0RT IUO 2 lHTISl(R 1Cll-J llffT ICNUCIRT 1U02 lHT 9 STME 621 m2 HT t CARPORT 18G ftt2 INT 10SlOAE l00m2 ~rr tOCNIPOT tamp502 NT t t STORE 6002 ~11CAAPORT 11Dm2
GENERAl NOTES
R25
SU8ECT TO QNJSE UJ ~TIS_ l fr IS PROPOIED TMT 1MS Slit BE ltU$$FEDAS RlO
NOTH uuJMlilAOTAA110 oeo AClIAL FOT RAOO 0middot14 8ASED Ofrf lOt- STE ARU-11Mbf2 amp GROSS PLOT IPEgtrz 8LDGS-e9704M2
llOTH -tFEgtISPACI middot~ ACTW OPEN SPACE S7
_ ~t Sl1poundU $El8N)( ~ ACrutrl PRIMARY STJtfET Spound18AClt I ii
PlWI N01 THE IUWNG ALONG S1Nltl(lMD SlAEU HINE A Nil [llllOltNl(llltSPRltllQSOl IS _11pound CJAApoundHT STREETSCNpound
1t5 HEIGHT [TtF Of W11 lOm -HElGK1 (1(1gt Of WALL] Ubull
WJCIEIGlltTrOPOfROOF) 1t 0m IC1W HpoundJGH1 [TOP Of ROOF) 91bull
0 1 2 l bull ~
ci Lj Liiml SCAlE 1100
PROPOSED MIXED-USE DEVELOPMENT
GRAEMEJ ROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRAiiA
F 30102013
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INuuof b___~~ ~_bMft __~O ~-rHrU ~~_ 11degdeg ncit olf~
15600
ISSUE FOR PLANNING APPROVAL
9010
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ISSUE FOR DISCUSSION
c ISSUE FOR APlffOVAL
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Al HJ( 30102013 A PRELllINARY ISSUE FOR otsCUSSklH Cllaquo BY ORH BY DATE REV OESOOlTilll
9010
AL HJ( Z7o9201J
Al Hjj 11092013
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CltltBY ORNBY DATE
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UNIT1lNMl Sl1f 2 UNIT 1 AlFRE9CO 11752 UNIT PORCH 562
UNfT 1 TOTAL 11214Z
UHlf 2lNING SU I ml UNIT 2 AllRESCO tU4m2 UtlT 2 PORCH U12
UNIT2roTAL 103teMl
IJNIT3LNING 8118 111Z Utfl 3AllRESCO 11522 UlltIT3PORCH 6hl
UNIT3lOTAL 1037h 1
UtlTHNING 1111fll2 UNIT I AllRESCO 16522 UNIT I PORCH Uf llZ
UNT l lOTAL 103Jt 2
9010
1 0 1 2 l 5 c=i hiiiijOjl Jm-1
SCALE 1100
PAUL MESCHIATI ANO ASSOCIATES PROPOSED MIXED-USE DEVELOPMENT BUILD4NG DESIGNERS ANO PlA~NERS -- GRAEME J ROBERTSON __ ~~ LOT200STRICKlANOSTREET
-------=- -- DENMARK I WESTERN AUSTRALIA
F 30I02013
A03 101
5599
FIRST FLOOR LAYOUT SCALE t tH
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10000
ISSUE FOR PLANNING APPROVAL
W 9010 9010
ISSUE FOR PIANNING NPRltNAL
ISSUE FOR DISCUSSION
ISSUEFORAPPROVAL
AMENDMENTS TO LAYOUT
9010
AL ~ 27ot2013
AI HN llot2013
P11 AL 15082013
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PM AL 2052013
Cl4K 6Y ORNSY OATE
9010 5G50
PAUL MESCH~ TI ANO ASSOC~ lES BUILDING DESIGNERS ANO PLA~ -WlmteM laquo lllflOlltt M ~
FLOOR AREAS
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UMTSTOTAl 116052
IHlllMNG 52J1 m2 UMT58AlCONt l t11112
UHIT6TOTAL 1Ulm2
UNIT7lMNG 11112 UHrT181olCONt tl 142
UNIT7T01AL 11JlmZ
UNITIL 8111m2 UNIT lllALCONI 17Sm2
UNrfl TOTAL 111rr i
UlfT9ldeg 11llmZ UNIT t 8ALCOHY 25oem2
UlfT9TOTAL 106n 2
UlfT10lMNG 11112 UNIT 108ALCQHV 19UnQ
UlfT 10TOTAL itAf lftl
UNIT 11 LMNG 10022
UhlT 11 BALCONY 12-
UNIT 11 TOTAL 11212
I 0 I l J 5
liiiI liiiiii liiiiiiiiie-1 SCALE 1100
PROPOSED MIXED-USE DEVELOPMENT
GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA
-F 30102013
A04 1n
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ISSUE F OR PLANNING APPROVAL
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f--tNIE=NOMElm=-T-0--LA-YruT ____________ j_deg__4ll___J3il-0=20~13 A PllEL-YISSUEFOROISClSSIOH REV ~ CHKBY mlBY DATE flEV CESCRIPTldeg
---------- - --
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----
77892013 __
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I I I I
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I
PAUL MESCHIATI ANO k)SQCIATES 15082013 BUILDING DESIGNERS~
=-070l2013 __n
---2052013
~ DATE
0 t 1 3 4 I
-------- CiiiiiiP=MI SCALE 1100
PROPOSED MIXED-USE DEVELOPMENT
GRAEME JROBERTSON LOT 200 STRICKLANO STREET DENMARK I WESTERN AUSTRALIA
F 30102013
A05 101
COlOllllCN)~O~PfTCH------shy
6 SECTION A-A SCAL1 1bull
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--- ~- - - - -
SECTION C- C SCAlf1 1CD
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STORE
I
STORE STORE - - - - - - NG - -
D ISSUE FOR DISCUSSION
C ISSUE FOR APPROVAi
amp AMENOMeuroNTS TO LAYOUT
UNIT9 Jl 1l IO
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ISSUE FOR PLANNING APPROVAL
l-F=+M=ENOME~=NtsTOlA--YO-U--T---------------1-A~L=-kHH_-l--J0 bull _10lD~l3 A PREUMINARYISSUEFORDISCUSSION Rev OESClllPTION CHK 8Y ORN BY DATE REV DESCRIPTION
UNIT 3
AL HH 27092013
Al H11 IUll2013
PN 150ll2013
AL HH 07DS2013
PM u 2o52013
CH1lt8Y ORNSY OATC
t Cl
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UNIT4 ~ I ___ J
1 0 1 J bull s cJ---1 IOiiiiFJMMI
SCALE 1100
_ PROPOSED MIXED-USE DEVELOPMENT PAUL MESCHIATI JO ASSOCIATES
~~~~DESIGNERSANO P~ ---------htbullbull ~ GRAEMEJ ROBERTSON LOT 200 STRICKLAtlaquol STREET DENMARK I WESTERN AUSTRALIA
F 30102013
A06 101
I
OPTION A I RESIDENTIAL FIRST FLOOR StA l E lUt
l + 1
0 0 bull ~ -QO i) 0
OPTION A I COMMERCIAL GROUND FLOOR SCALE 1100
ALTERNATE OCCUPANCY OPTIONS S~Atf t IDD
~copy ThMl ~~_ OlQIMtyfl~aiMlltd4illlt ltuodi- ltrUd9rlftlatMI OOCldOl _wllwM trle 11wcHlllll~ -uo
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PW_bullAMOc111- -UO miot--~-~~~ N UMGf ~W_b~~Ot-- ~_~~
~-~0t 01MYlO~shy~lr_ oonlrm ~-middotcwbto_UNodeg DlI_
ISSUE FOR PLANNING APPROVAL
bull
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PROPOSED MIXED-USE DEVELOPMENT
GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA
F 30102013
AO 101
PROPOSED MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET
DENMARK
AYTON BAESJOU PLANNIN G
PLANNING REPORT
Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd
A8N 15061140172
I I Duke Street Albany WA 6330
Ph 9842 2304 Fax 9842 8494
Contents
1 INTRODUCTION 1
2 LOCATION AREA AND ZONING 1
LOCATION PLAN 1
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2
4 PLANNING CONTEXT bull 7
41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10
5 PROPOSED DEVELOPMENT 11
51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13
6 CONCLUSION 18
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
1 INTRODUCTION
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The owners of Lot 200 Strickland Street propose to develop a mixed use development in
accordance with the Residential Design Codes which have recently been amended to encourage
such development
The project will include a cafe facing North Street four commercial offices located at ground
level along Strickland Street and seven residential units on the first floor above the cafe and
offices The offices also have flexibility to be used as residential units or connect through to
residential accommodation on the first floor
The following report provides background information in support of the proposal
2 LOCATION AREA AND ZONING
Lot 200 is located on the south east corner of Strickland Street and North Street within the
Denmark town centre Refer Location Plan below
The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of
Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the
property
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AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Lot 200 was originally developed with a single dwelling which has recently been demolished
The land is now vacant and is bounded by Strickland Street on its western boundary and North
Street on its northern boundary A five metre wide ROW abuts the southern boundary A single
storey residential dwelling is located on the lot to the east A feature survey of the site is
attached
The balance of the super lot which also fronts South Coast Highway and Horsley Road is used
for a mix of commercial development including caferestaurants newsagent liquor store art
gallery real estate offices and shops To the west on the opposite side of Strickland Street is
the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot
257 which is currently reserved for a fire station
A portion of the old hospital reserve has recently been developed for a public car park with 28
car bays Streetscape works within Strickland Street have also significantly increased on-street
car parking with right angle car parking provided adjacent to the subject land
The site slopes relatively gently from the south western corner of the property which is
approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO
The site is connected to all essential services such as scheme sewer water power and
telecommunications
The nature and character of nearby and surrounding development are illustrated in the
photographs overleaf There is a mix of single and two storey development which
predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves
predominate A wide range of materials are used including brick and rendered walls and timber
cladding The IGA building is an example of a modern larger scale building which nevertheless
has been successfully integrated amongst the more traditional buildings
Y201340 GJ RobertsonPR_Nov13doc 2
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting South Coast Highway
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET D ENMARK
War Memorial located on South West corner of South Coast Highway and Horsley Road
Y201340 GJ RobertsonPR_Novl3doc - 3-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
Y201340 GJ RobertsonPR_Nov13doc - 4 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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LOCATION
CLIENT
~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl
J ~fltJ111JdegbullHJgtIJlt
$ 16tlOi
L
UNtlEREROFT I CAFE ilOOR LAYOUT
1n2~0~1~
0middotL2 r 1 SCALE 1200
bull
~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
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PROPOSED MIXED-USE DEVELOPMENT
GRAEMEJ ROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRAiiA
F 30102013
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PROPOSED MIXED-USE DEVELOPMENT
GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA
-F 30102013
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PROPOSED MIXED-USE DEVELOPMENT
GRAEME JROBERTSON LOT 200 STRICKLANO STREET DENMARK I WESTERN AUSTRALIA
F 30102013
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_ PROPOSED MIXED-USE DEVELOPMENT PAUL MESCHIATI JO ASSOCIATES
~~~~DESIGNERSANO P~ ---------htbullbull ~ GRAEMEJ ROBERTSON LOT 200 STRICKLAtlaquol STREET DENMARK I WESTERN AUSTRALIA
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FlOORAREAS
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1 0 1 2 l 4 5 r ti Ciijjie-lt e-1 -J SCAlE 1100
PROPOSED MIXED-USE DEVELOPMENT
GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA
F 30102013
AO 101
PROPOSED MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET
DENMARK
AYTON BAESJOU PLANNIN G
PLANNING REPORT
Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd
A8N 15061140172
I I Duke Street Albany WA 6330
Ph 9842 2304 Fax 9842 8494
Contents
1 INTRODUCTION 1
2 LOCATION AREA AND ZONING 1
LOCATION PLAN 1
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2
4 PLANNING CONTEXT bull 7
41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10
5 PROPOSED DEVELOPMENT 11
51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13
6 CONCLUSION 18
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
1 INTRODUCTION
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The owners of Lot 200 Strickland Street propose to develop a mixed use development in
accordance with the Residential Design Codes which have recently been amended to encourage
such development
The project will include a cafe facing North Street four commercial offices located at ground
level along Strickland Street and seven residential units on the first floor above the cafe and
offices The offices also have flexibility to be used as residential units or connect through to
residential accommodation on the first floor
The following report provides background information in support of the proposal
2 LOCATION AREA AND ZONING
Lot 200 is located on the south east corner of Strickland Street and North Street within the
Denmark town centre Refer Location Plan below
The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of
Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the
property
Y201340 GJ RobertsonPR_Nov13doc - 1 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Lot 200 was originally developed with a single dwelling which has recently been demolished
The land is now vacant and is bounded by Strickland Street on its western boundary and North
Street on its northern boundary A five metre wide ROW abuts the southern boundary A single
storey residential dwelling is located on the lot to the east A feature survey of the site is
attached
The balance of the super lot which also fronts South Coast Highway and Horsley Road is used
for a mix of commercial development including caferestaurants newsagent liquor store art
gallery real estate offices and shops To the west on the opposite side of Strickland Street is
the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot
257 which is currently reserved for a fire station
A portion of the old hospital reserve has recently been developed for a public car park with 28
car bays Streetscape works within Strickland Street have also significantly increased on-street
car parking with right angle car parking provided adjacent to the subject land
The site slopes relatively gently from the south western corner of the property which is
approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO
The site is connected to all essential services such as scheme sewer water power and
telecommunications
The nature and character of nearby and surrounding development are illustrated in the
photographs overleaf There is a mix of single and two storey development which
predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves
predominate A wide range of materials are used including brick and rendered walls and timber
cladding The IGA building is an example of a modern larger scale building which nevertheless
has been successfully integrated amongst the more traditional buildings
Y201340 GJ RobertsonPR_Nov13doc 2
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting South Coast Highway
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET D ENMARK
War Memorial located on South West corner of South Coast Highway and Horsley Road
Y201340 GJ RobertsonPR_Novl3doc - 3-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
Y201340 GJ RobertsonPR_Nov13doc - 4 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
NORTH STREET
L
GROUND FLOOR LA OllT
2Ei24~BW
GfieiJyen4i AA d
SCALE 1200
bull n bull
deg
NORTH STREET
RRST FLOOR LAYOUT
NORTH STREET
SECOND FLOOR Lt OUT
s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=
middot7f_ 0
PROPOSED OEVELOPMENT
ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA
GRAEMO RDSSRTSON
FlOOR PLAN TPICAL TO UNITS 4 amp 6
FLOOR PLAN TYPICAi TO UraquolTS I bull 3
2955
il ll
SHOP~ OVER
][ID
FLOOR PLAN TYPICAL TO CAFE
SMgt
flOOR PLAN TYPtcAl TO UNiS S amp 7
UNIT40VER
l []D t--
SHOP4 I ~ II
_ 1========1
FLOOR PLAN TYPICAL TO OFFICE
SHOP l 90W
lliDITJ
FLOOR LAN TiPlCAl TO SHOPS 1 bull 4
~obull~iti Sl-t~gtshy
~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~
bull bull
SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I
~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~
lbullS1~H)
~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--
U) bull bull
O)
FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET
DENMARK
5 r----1 f5 r---i 25
sT1poundET t_~ge of _
~Q
bull
c=J~L__J~
SCALE BAR JN METFESmiddot
LICENSED SURYORS Mklaquo~ fOllod)I
~~rraquo~m ~~~middot~J Mob-cci U~Ml
bullOtmbull1ltoWgt
TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0
LOCATION
CLIENT
~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl
J ~fltJ111JdegbullHJgtIJlt
$ 16tlOi
L
UNtlEREROFT I CAFE ilOOR LAYOUT
1n2~0~1~
0middotL2 r 1 SCALE 1200
bull
~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
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LOT 200 STRICKLAND STREET
DENMARK
AYTON BAESJOU PLANNIN G
PLANNING REPORT
Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd
A8N 15061140172
I I Duke Street Albany WA 6330
Ph 9842 2304 Fax 9842 8494
Contents
1 INTRODUCTION 1
2 LOCATION AREA AND ZONING 1
LOCATION PLAN 1
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2
4 PLANNING CONTEXT bull 7
41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10
5 PROPOSED DEVELOPMENT 11
51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13
6 CONCLUSION 18
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
1 INTRODUCTION
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The owners of Lot 200 Strickland Street propose to develop a mixed use development in
accordance with the Residential Design Codes which have recently been amended to encourage
such development
The project will include a cafe facing North Street four commercial offices located at ground
level along Strickland Street and seven residential units on the first floor above the cafe and
offices The offices also have flexibility to be used as residential units or connect through to
residential accommodation on the first floor
The following report provides background information in support of the proposal
2 LOCATION AREA AND ZONING
Lot 200 is located on the south east corner of Strickland Street and North Street within the
Denmark town centre Refer Location Plan below
The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of
Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the
property
Y201340 GJ RobertsonPR_Nov13doc - 1 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Lot 200 was originally developed with a single dwelling which has recently been demolished
The land is now vacant and is bounded by Strickland Street on its western boundary and North
Street on its northern boundary A five metre wide ROW abuts the southern boundary A single
storey residential dwelling is located on the lot to the east A feature survey of the site is
attached
The balance of the super lot which also fronts South Coast Highway and Horsley Road is used
for a mix of commercial development including caferestaurants newsagent liquor store art
gallery real estate offices and shops To the west on the opposite side of Strickland Street is
the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot
257 which is currently reserved for a fire station
A portion of the old hospital reserve has recently been developed for a public car park with 28
car bays Streetscape works within Strickland Street have also significantly increased on-street
car parking with right angle car parking provided adjacent to the subject land
The site slopes relatively gently from the south western corner of the property which is
approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO
The site is connected to all essential services such as scheme sewer water power and
telecommunications
The nature and character of nearby and surrounding development are illustrated in the
photographs overleaf There is a mix of single and two storey development which
predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves
predominate A wide range of materials are used including brick and rendered walls and timber
cladding The IGA building is an example of a modern larger scale building which nevertheless
has been successfully integrated amongst the more traditional buildings
Y201340 GJ RobertsonPR_Nov13doc 2
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting South Coast Highway
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET D ENMARK
War Memorial located on South West corner of South Coast Highway and Horsley Road
Y201340 GJ RobertsonPR_Novl3doc - 3-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
Y201340 GJ RobertsonPR_Nov13doc - 4 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
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DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
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SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
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RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
5599
FIRST FLOOR LAYOUT SCALE t tH
l l
10000
ISSUE FOR PLANNING APPROVAL
W 9010 9010
ISSUE FOR PIANNING NPRltNAL
ISSUE FOR DISCUSSION
ISSUEFORAPPROVAL
AMENDMENTS TO LAYOUT
9010
AL ~ 27ot2013
AI HN llot2013
P11 AL 15082013
AI HN 07ot2013
PM AL 2052013
Cl4K 6Y ORNSY OATE
9010 5G50
PAUL MESCH~ TI ANO ASSOC~ lES BUILDING DESIGNERS ANO PLA~ -WlmteM laquo lllflOlltt M ~
FLOOR AREAS
UNITSlllING 12MmZ UHfT s llAlCOHY 14JlllZ
UMTSTOTAl 116052
IHlllMNG 52J1 m2 UMT58AlCONt l t11112
UHIT6TOTAL 1Ulm2
UNIT7lMNG 11112 UHrT181olCONt tl 142
UNIT7T01AL 11JlmZ
UNITIL 8111m2 UNIT lllALCONI 17Sm2
UNrfl TOTAL 111rr i
UlfT9ldeg 11llmZ UNIT t 8ALCOHY 25oem2
UlfT9TOTAL 106n 2
UlfT10lMNG 11112 UNIT 108ALCQHV 19UnQ
UlfT 10TOTAL itAf lftl
UNIT 11 LMNG 10022
UhlT 11 BALCONY 12-
UNIT 11 TOTAL 11212
I 0 I l J 5
liiiI liiiiii liiiiiiiiie-1 SCALE 1100
PROPOSED MIXED-USE DEVELOPMENT
GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA
-F 30102013
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PAUL MESCHIATI ANO k)SQCIATES 15082013 BUILDING DESIGNERS~
=-070l2013 __n
---2052013
~ DATE
0 t 1 3 4 I
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PROPOSED MIXED-USE DEVELOPMENT
GRAEME JROBERTSON LOT 200 STRICKLANO STREET DENMARK I WESTERN AUSTRALIA
F 30102013
A05 101
COlOllllCN)~O~PfTCH------shy
6 SECTION A-A SCAL1 1bull
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CXllOlllONgttbulllOf
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UNIT S
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Ill
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--- ~- - - - -
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STORE
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D ISSUE FOR DISCUSSION
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amp AMENOMeuroNTS TO LAYOUT
UNIT9 Jl 1l IO
-bull torer ~~Ol t~-llMftalld ~-~---Ol~t~ ~~~ ---~ degbull-tibull ~nol~-~-
ISSUE FOR PLANNING APPROVAL
l-F=+M=ENOME~=NtsTOlA--YO-U--T---------------1-A~L=-kHH_-l--J0 bull _10lD~l3 A PREUMINARYISSUEFORDISCUSSION Rev OESClllPTION CHK 8Y ORN BY DATE REV DESCRIPTION
UNIT 3
AL HH 27092013
Al H11 IUll2013
PN 150ll2013
AL HH 07DS2013
PM u 2o52013
CH1lt8Y ORNSY OATC
t Cl
IR10 ~ I
~10N1UOD I
UNIT4 ~ I ___ J
1 0 1 J bull s cJ---1 IOiiiiFJMMI
SCALE 1100
_ PROPOSED MIXED-USE DEVELOPMENT PAUL MESCHIATI JO ASSOCIATES
~~~~DESIGNERSANO P~ ---------htbullbull ~ GRAEMEJ ROBERTSON LOT 200 STRICKLAtlaquol STREET DENMARK I WESTERN AUSTRALIA
F 30102013
A06 101
I
OPTION A I RESIDENTIAL FIRST FLOOR StA l E lUt
l + 1
0 0 bull ~ -QO i) 0
OPTION A I COMMERCIAL GROUND FLOOR SCALE 1100
ALTERNATE OCCUPANCY OPTIONS S~Atf t IDD
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ISSUE FOR PLANNING APPROVAL
bull
1
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OPTION B I lWO STOREY RESIDENTIAL FIRST FLOOR S C4lf 1UO
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OPTION B I lWO STOREY RESIDENTIAL GROUND FLOOR ICAU 1 t1HI
ISSUE FOR PLANNING-1gt1 AL HN
ISSUE FOR DISCUSSION AL HJj
PM AL
AMElltOMENTSTOLAYOllT AL HN
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---- ------ -----~
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-OPTION C I RESIDENTIAL FIRST FLOOR sc -u t tot
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27ll92013
_ 11092013 PAUL MESCH~ TI AND ASSOC~ TES 150t21l13 BUILDING DESIGNERS AND PlA~ ===--OJll2013 24052013 =--~ CATE
FlOORAREAS
~
OlKEFLOOA 11112 OlfUAlFAESCO 162bull 2 OFFCEPOACH bull2bulli OFFCE TOTAL tOJ1i6nQ
01llTmiddotllINi 311Sm2
UICI bull llALCONV 179rnZ
lllTTOTlgtI 111n i
~
GAOUNO FLOOR IMIG 11192 GAOUNO FLOOR LIRE5CO 142412 GAOOlll FLOOR PORCH 8242 GAOOlllFLOOATOTAL 103M2
FIRST FLOOR tJVN) 81111112 AAS FLOOR QALCOllY 175512
~TFLOOR TOTAL 111nmZ
9ft
OffttflOOA eu aa OfflE ALFllESCO 11lbull lflil OlFICEPORCH UbulllnZ
OFFU TOTAL 10)68mZ
AAST ROOA lMNG 1111tn2 FIRST FLOOR BALCONY IT81
ARST FLOOR TOTAL 98n
1 0 1 2 l 4 5 r ti Ciijjie-lt e-1 -J SCAlE 1100
PROPOSED MIXED-USE DEVELOPMENT
GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA
F 30102013
AO 101
PROPOSED MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET
DENMARK
AYTON BAESJOU PLANNIN G
PLANNING REPORT
Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd
A8N 15061140172
I I Duke Street Albany WA 6330
Ph 9842 2304 Fax 9842 8494
Contents
1 INTRODUCTION 1
2 LOCATION AREA AND ZONING 1
LOCATION PLAN 1
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2
4 PLANNING CONTEXT bull 7
41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10
5 PROPOSED DEVELOPMENT 11
51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13
6 CONCLUSION 18
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
1 INTRODUCTION
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The owners of Lot 200 Strickland Street propose to develop a mixed use development in
accordance with the Residential Design Codes which have recently been amended to encourage
such development
The project will include a cafe facing North Street four commercial offices located at ground
level along Strickland Street and seven residential units on the first floor above the cafe and
offices The offices also have flexibility to be used as residential units or connect through to
residential accommodation on the first floor
The following report provides background information in support of the proposal
2 LOCATION AREA AND ZONING
Lot 200 is located on the south east corner of Strickland Street and North Street within the
Denmark town centre Refer Location Plan below
The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of
Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the
property
Y201340 GJ RobertsonPR_Nov13doc - 1 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Lot 200 was originally developed with a single dwelling which has recently been demolished
The land is now vacant and is bounded by Strickland Street on its western boundary and North
Street on its northern boundary A five metre wide ROW abuts the southern boundary A single
storey residential dwelling is located on the lot to the east A feature survey of the site is
attached
The balance of the super lot which also fronts South Coast Highway and Horsley Road is used
for a mix of commercial development including caferestaurants newsagent liquor store art
gallery real estate offices and shops To the west on the opposite side of Strickland Street is
the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot
257 which is currently reserved for a fire station
A portion of the old hospital reserve has recently been developed for a public car park with 28
car bays Streetscape works within Strickland Street have also significantly increased on-street
car parking with right angle car parking provided adjacent to the subject land
The site slopes relatively gently from the south western corner of the property which is
approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO
The site is connected to all essential services such as scheme sewer water power and
telecommunications
The nature and character of nearby and surrounding development are illustrated in the
photographs overleaf There is a mix of single and two storey development which
predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves
predominate A wide range of materials are used including brick and rendered walls and timber
cladding The IGA building is an example of a modern larger scale building which nevertheless
has been successfully integrated amongst the more traditional buildings
Y201340 GJ RobertsonPR_Nov13doc 2
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting South Coast Highway
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET D ENMARK
War Memorial located on South West corner of South Coast Highway and Horsley Road
Y201340 GJ RobertsonPR_Novl3doc - 3-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
Y201340 GJ RobertsonPR_Nov13doc - 4 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
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SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
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~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
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D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
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I AS SH1JWN iAll ~ PROJECT No_ J
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Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
I
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ELEVATION No 1 bull STRICKLAND STREET 5CNl ftIO
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l-F=+M=ENOME~=NtsTOlA--YO-U--T---------------1-A~L=-kHH_-l--J0 bull _10lD~l3 A PREUMINARYISSUEFORDISCUSSION Rev OESClllPTION CHK 8Y ORN BY DATE REV DESCRIPTION
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_ PROPOSED MIXED-USE DEVELOPMENT PAUL MESCHIATI JO ASSOCIATES
~~~~DESIGNERSANO P~ ---------htbullbull ~ GRAEMEJ ROBERTSON LOT 200 STRICKLAtlaquol STREET DENMARK I WESTERN AUSTRALIA
F 30102013
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ARST FLOOR TOTAL 98n
1 0 1 2 l 4 5 r ti Ciijjie-lt e-1 -J SCAlE 1100
PROPOSED MIXED-USE DEVELOPMENT
GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA
F 30102013
AO 101
PROPOSED MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET
DENMARK
AYTON BAESJOU PLANNIN G
PLANNING REPORT
Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd
A8N 15061140172
I I Duke Street Albany WA 6330
Ph 9842 2304 Fax 9842 8494
Contents
1 INTRODUCTION 1
2 LOCATION AREA AND ZONING 1
LOCATION PLAN 1
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2
4 PLANNING CONTEXT bull 7
41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10
5 PROPOSED DEVELOPMENT 11
51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13
6 CONCLUSION 18
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
1 INTRODUCTION
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The owners of Lot 200 Strickland Street propose to develop a mixed use development in
accordance with the Residential Design Codes which have recently been amended to encourage
such development
The project will include a cafe facing North Street four commercial offices located at ground
level along Strickland Street and seven residential units on the first floor above the cafe and
offices The offices also have flexibility to be used as residential units or connect through to
residential accommodation on the first floor
The following report provides background information in support of the proposal
2 LOCATION AREA AND ZONING
Lot 200 is located on the south east corner of Strickland Street and North Street within the
Denmark town centre Refer Location Plan below
The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of
Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the
property
Y201340 GJ RobertsonPR_Nov13doc - 1 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Lot 200 was originally developed with a single dwelling which has recently been demolished
The land is now vacant and is bounded by Strickland Street on its western boundary and North
Street on its northern boundary A five metre wide ROW abuts the southern boundary A single
storey residential dwelling is located on the lot to the east A feature survey of the site is
attached
The balance of the super lot which also fronts South Coast Highway and Horsley Road is used
for a mix of commercial development including caferestaurants newsagent liquor store art
gallery real estate offices and shops To the west on the opposite side of Strickland Street is
the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot
257 which is currently reserved for a fire station
A portion of the old hospital reserve has recently been developed for a public car park with 28
car bays Streetscape works within Strickland Street have also significantly increased on-street
car parking with right angle car parking provided adjacent to the subject land
The site slopes relatively gently from the south western corner of the property which is
approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO
The site is connected to all essential services such as scheme sewer water power and
telecommunications
The nature and character of nearby and surrounding development are illustrated in the
photographs overleaf There is a mix of single and two storey development which
predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves
predominate A wide range of materials are used including brick and rendered walls and timber
cladding The IGA building is an example of a modern larger scale building which nevertheless
has been successfully integrated amongst the more traditional buildings
Y201340 GJ RobertsonPR_Nov13doc 2
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting South Coast Highway
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET D ENMARK
War Memorial located on South West corner of South Coast Highway and Horsley Road
Y201340 GJ RobertsonPR_Novl3doc - 3-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
Y201340 GJ RobertsonPR_Nov13doc - 4 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
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SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
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l-F=+M=ENOME~=NtsTOlA--YO-U--T---------------1-A~L=-kHH_-l--J0 bull _10lD~l3 A PREUMINARYISSUEFORDISCUSSION Rev OESClllPTION CHK 8Y ORN BY DATE REV DESCRIPTION
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SCALE 1100
_ PROPOSED MIXED-USE DEVELOPMENT PAUL MESCHIATI JO ASSOCIATES
~~~~DESIGNERSANO P~ ---------htbullbull ~ GRAEMEJ ROBERTSON LOT 200 STRICKLAtlaquol STREET DENMARK I WESTERN AUSTRALIA
F 30102013
A06 101
I
OPTION A I RESIDENTIAL FIRST FLOOR StA l E lUt
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0 0 bull ~ -QO i) 0
OPTION A I COMMERCIAL GROUND FLOOR SCALE 1100
ALTERNATE OCCUPANCY OPTIONS S~Atf t IDD
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ARST FLOOR TOTAL 98n
1 0 1 2 l 4 5 r ti Ciijjie-lt e-1 -J SCAlE 1100
PROPOSED MIXED-USE DEVELOPMENT
GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA
F 30102013
AO 101
PROPOSED MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET
DENMARK
AYTON BAESJOU PLANNIN G
PLANNING REPORT
Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd
A8N 15061140172
I I Duke Street Albany WA 6330
Ph 9842 2304 Fax 9842 8494
Contents
1 INTRODUCTION 1
2 LOCATION AREA AND ZONING 1
LOCATION PLAN 1
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2
4 PLANNING CONTEXT bull 7
41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10
5 PROPOSED DEVELOPMENT 11
51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13
6 CONCLUSION 18
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
1 INTRODUCTION
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The owners of Lot 200 Strickland Street propose to develop a mixed use development in
accordance with the Residential Design Codes which have recently been amended to encourage
such development
The project will include a cafe facing North Street four commercial offices located at ground
level along Strickland Street and seven residential units on the first floor above the cafe and
offices The offices also have flexibility to be used as residential units or connect through to
residential accommodation on the first floor
The following report provides background information in support of the proposal
2 LOCATION AREA AND ZONING
Lot 200 is located on the south east corner of Strickland Street and North Street within the
Denmark town centre Refer Location Plan below
The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of
Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the
property
Y201340 GJ RobertsonPR_Nov13doc - 1 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Lot 200 was originally developed with a single dwelling which has recently been demolished
The land is now vacant and is bounded by Strickland Street on its western boundary and North
Street on its northern boundary A five metre wide ROW abuts the southern boundary A single
storey residential dwelling is located on the lot to the east A feature survey of the site is
attached
The balance of the super lot which also fronts South Coast Highway and Horsley Road is used
for a mix of commercial development including caferestaurants newsagent liquor store art
gallery real estate offices and shops To the west on the opposite side of Strickland Street is
the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot
257 which is currently reserved for a fire station
A portion of the old hospital reserve has recently been developed for a public car park with 28
car bays Streetscape works within Strickland Street have also significantly increased on-street
car parking with right angle car parking provided adjacent to the subject land
The site slopes relatively gently from the south western corner of the property which is
approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO
The site is connected to all essential services such as scheme sewer water power and
telecommunications
The nature and character of nearby and surrounding development are illustrated in the
photographs overleaf There is a mix of single and two storey development which
predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves
predominate A wide range of materials are used including brick and rendered walls and timber
cladding The IGA building is an example of a modern larger scale building which nevertheless
has been successfully integrated amongst the more traditional buildings
Y201340 GJ RobertsonPR_Nov13doc 2
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting South Coast Highway
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET D ENMARK
War Memorial located on South West corner of South Coast Highway and Horsley Road
Y201340 GJ RobertsonPR_Novl3doc - 3-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
Y201340 GJ RobertsonPR_Nov13doc - 4 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
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SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
I
OPTION A I RESIDENTIAL FIRST FLOOR StA l E lUt
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OPTION A I COMMERCIAL GROUND FLOOR SCALE 1100
ALTERNATE OCCUPANCY OPTIONS S~Atf t IDD
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ISSUE FOR PLANNING APPROVAL
bull
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OPTION B I lWO STOREY RESIDENTIAL FIRST FLOOR S C4lf 1UO
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ISSUE FOR PLANNING-1gt1 AL HN
ISSUE FOR DISCUSSION AL HJj
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_ 11092013 PAUL MESCH~ TI AND ASSOC~ TES 150t21l13 BUILDING DESIGNERS AND PlA~ ===--OJll2013 24052013 =--~ CATE
FlOORAREAS
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01llTmiddotllINi 311Sm2
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GAOUNO FLOOR IMIG 11192 GAOUNO FLOOR LIRE5CO 142412 GAOOlll FLOOR PORCH 8242 GAOOlllFLOOATOTAL 103M2
FIRST FLOOR tJVN) 81111112 AAS FLOOR QALCOllY 175512
~TFLOOR TOTAL 111nmZ
9ft
OffttflOOA eu aa OfflE ALFllESCO 11lbull lflil OlFICEPORCH UbulllnZ
OFFU TOTAL 10)68mZ
AAST ROOA lMNG 1111tn2 FIRST FLOOR BALCONY IT81
ARST FLOOR TOTAL 98n
1 0 1 2 l 4 5 r ti Ciijjie-lt e-1 -J SCAlE 1100
PROPOSED MIXED-USE DEVELOPMENT
GRAEMEJROBERTSON LOT 200 STRICKLAND STREET DENMARK I WESTERN AUSTRALIA
F 30102013
AO 101
PROPOSED MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET
DENMARK
AYTON BAESJOU PLANNIN G
PLANNING REPORT
Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd
A8N 15061140172
I I Duke Street Albany WA 6330
Ph 9842 2304 Fax 9842 8494
Contents
1 INTRODUCTION 1
2 LOCATION AREA AND ZONING 1
LOCATION PLAN 1
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2
4 PLANNING CONTEXT bull 7
41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10
5 PROPOSED DEVELOPMENT 11
51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13
6 CONCLUSION 18
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
1 INTRODUCTION
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The owners of Lot 200 Strickland Street propose to develop a mixed use development in
accordance with the Residential Design Codes which have recently been amended to encourage
such development
The project will include a cafe facing North Street four commercial offices located at ground
level along Strickland Street and seven residential units on the first floor above the cafe and
offices The offices also have flexibility to be used as residential units or connect through to
residential accommodation on the first floor
The following report provides background information in support of the proposal
2 LOCATION AREA AND ZONING
Lot 200 is located on the south east corner of Strickland Street and North Street within the
Denmark town centre Refer Location Plan below
The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of
Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the
property
Y201340 GJ RobertsonPR_Nov13doc - 1 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Lot 200 was originally developed with a single dwelling which has recently been demolished
The land is now vacant and is bounded by Strickland Street on its western boundary and North
Street on its northern boundary A five metre wide ROW abuts the southern boundary A single
storey residential dwelling is located on the lot to the east A feature survey of the site is
attached
The balance of the super lot which also fronts South Coast Highway and Horsley Road is used
for a mix of commercial development including caferestaurants newsagent liquor store art
gallery real estate offices and shops To the west on the opposite side of Strickland Street is
the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot
257 which is currently reserved for a fire station
A portion of the old hospital reserve has recently been developed for a public car park with 28
car bays Streetscape works within Strickland Street have also significantly increased on-street
car parking with right angle car parking provided adjacent to the subject land
The site slopes relatively gently from the south western corner of the property which is
approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO
The site is connected to all essential services such as scheme sewer water power and
telecommunications
The nature and character of nearby and surrounding development are illustrated in the
photographs overleaf There is a mix of single and two storey development which
predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves
predominate A wide range of materials are used including brick and rendered walls and timber
cladding The IGA building is an example of a modern larger scale building which nevertheless
has been successfully integrated amongst the more traditional buildings
Y201340 GJ RobertsonPR_Nov13doc 2
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting South Coast Highway
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET D ENMARK
War Memorial located on South West corner of South Coast Highway and Horsley Road
Y201340 GJ RobertsonPR_Novl3doc - 3-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
Y201340 GJ RobertsonPR_Nov13doc - 4 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
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SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
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Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
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RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
PROPOSED MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET
DENMARK
AYTON BAESJOU PLANNIN G
PLANNING REPORT
Artists lwipnssr -pound In association with Paul Meschiati amp Associates Pty Ltd
A8N 15061140172
I I Duke Street Albany WA 6330
Ph 9842 2304 Fax 9842 8494
Contents
1 INTRODUCTION 1
2 LOCATION AREA AND ZONING 1
LOCATION PLAN 1
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2
4 PLANNING CONTEXT bull 7
41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10
5 PROPOSED DEVELOPMENT 11
51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13
6 CONCLUSION 18
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
1 INTRODUCTION
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The owners of Lot 200 Strickland Street propose to develop a mixed use development in
accordance with the Residential Design Codes which have recently been amended to encourage
such development
The project will include a cafe facing North Street four commercial offices located at ground
level along Strickland Street and seven residential units on the first floor above the cafe and
offices The offices also have flexibility to be used as residential units or connect through to
residential accommodation on the first floor
The following report provides background information in support of the proposal
2 LOCATION AREA AND ZONING
Lot 200 is located on the south east corner of Strickland Street and North Street within the
Denmark town centre Refer Location Plan below
The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of
Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the
property
Y201340 GJ RobertsonPR_Nov13doc - 1 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Lot 200 was originally developed with a single dwelling which has recently been demolished
The land is now vacant and is bounded by Strickland Street on its western boundary and North
Street on its northern boundary A five metre wide ROW abuts the southern boundary A single
storey residential dwelling is located on the lot to the east A feature survey of the site is
attached
The balance of the super lot which also fronts South Coast Highway and Horsley Road is used
for a mix of commercial development including caferestaurants newsagent liquor store art
gallery real estate offices and shops To the west on the opposite side of Strickland Street is
the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot
257 which is currently reserved for a fire station
A portion of the old hospital reserve has recently been developed for a public car park with 28
car bays Streetscape works within Strickland Street have also significantly increased on-street
car parking with right angle car parking provided adjacent to the subject land
The site slopes relatively gently from the south western corner of the property which is
approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO
The site is connected to all essential services such as scheme sewer water power and
telecommunications
The nature and character of nearby and surrounding development are illustrated in the
photographs overleaf There is a mix of single and two storey development which
predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves
predominate A wide range of materials are used including brick and rendered walls and timber
cladding The IGA building is an example of a modern larger scale building which nevertheless
has been successfully integrated amongst the more traditional buildings
Y201340 GJ RobertsonPR_Nov13doc 2
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting South Coast Highway
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET D ENMARK
War Memorial located on South West corner of South Coast Highway and Horsley Road
Y201340 GJ RobertsonPR_Novl3doc - 3-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
Y201340 GJ RobertsonPR_Nov13doc - 4 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
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Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
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RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
Contents
1 INTRODUCTION 1
2 LOCATION AREA AND ZONING 1
LOCATION PLAN 1
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT 2
4 PLANNING CONTEXT bull 7
41 TowN PLANNING SCHEME No 3 7 EXTRACT FROM TPS3 ZONING MAP 7 42 LOCAL PLANNING STRATEGY 8 43 COMMERCIAL STRATEGY-POLICY No 31 9 44 RESIDENTIAL DESIGN CODES middotmiddotbullbullmiddotmiddotbullmiddotmiddotmiddotbullbullbullmiddotmiddotmiddotmiddotmiddotbull bull middotmiddotbullbullmiddot 9 45 TOWNSCAPE POLICY - POLICY No 15 10 46 SOUTH COAST HIGHWAY COMMERCIAL DEVELOPMENTS- POLICY NO 261 10
5 PROPOSED DEVELOPMENT 11
51 DESIGN PRINCIPLES (REFER PART 6 OF THE RESIDENTIAL DESIGN CODES) 13
6 CONCLUSION 18
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
1 INTRODUCTION
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The owners of Lot 200 Strickland Street propose to develop a mixed use development in
accordance with the Residential Design Codes which have recently been amended to encourage
such development
The project will include a cafe facing North Street four commercial offices located at ground
level along Strickland Street and seven residential units on the first floor above the cafe and
offices The offices also have flexibility to be used as residential units or connect through to
residential accommodation on the first floor
The following report provides background information in support of the proposal
2 LOCATION AREA AND ZONING
Lot 200 is located on the south east corner of Strickland Street and North Street within the
Denmark town centre Refer Location Plan below
The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of
Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the
property
Y201340 GJ RobertsonPR_Nov13doc - 1 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Lot 200 was originally developed with a single dwelling which has recently been demolished
The land is now vacant and is bounded by Strickland Street on its western boundary and North
Street on its northern boundary A five metre wide ROW abuts the southern boundary A single
storey residential dwelling is located on the lot to the east A feature survey of the site is
attached
The balance of the super lot which also fronts South Coast Highway and Horsley Road is used
for a mix of commercial development including caferestaurants newsagent liquor store art
gallery real estate offices and shops To the west on the opposite side of Strickland Street is
the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot
257 which is currently reserved for a fire station
A portion of the old hospital reserve has recently been developed for a public car park with 28
car bays Streetscape works within Strickland Street have also significantly increased on-street
car parking with right angle car parking provided adjacent to the subject land
The site slopes relatively gently from the south western corner of the property which is
approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO
The site is connected to all essential services such as scheme sewer water power and
telecommunications
The nature and character of nearby and surrounding development are illustrated in the
photographs overleaf There is a mix of single and two storey development which
predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves
predominate A wide range of materials are used including brick and rendered walls and timber
cladding The IGA building is an example of a modern larger scale building which nevertheless
has been successfully integrated amongst the more traditional buildings
Y201340 GJ RobertsonPR_Nov13doc 2
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting South Coast Highway
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET D ENMARK
War Memorial located on South West corner of South Coast Highway and Horsley Road
Y201340 GJ RobertsonPR_Novl3doc - 3-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
Y201340 GJ RobertsonPR_Nov13doc - 4 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
NORTH STREET
L
GROUND FLOOR LA OllT
2Ei24~BW
GfieiJyen4i AA d
SCALE 1200
bull n bull
deg
NORTH STREET
RRST FLOOR LAYOUT
NORTH STREET
SECOND FLOOR Lt OUT
s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=
middot7f_ 0
PROPOSED OEVELOPMENT
ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA
GRAEMO RDSSRTSON
FlOOR PLAN TPICAL TO UNITS 4 amp 6
FLOOR PLAN TYPICAi TO UraquolTS I bull 3
2955
il ll
SHOP~ OVER
][ID
FLOOR PLAN TYPICAL TO CAFE
SMgt
flOOR PLAN TYPtcAl TO UNiS S amp 7
UNIT40VER
l []D t--
SHOP4 I ~ II
_ 1========1
FLOOR PLAN TYPICAL TO OFFICE
SHOP l 90W
lliDITJ
FLOOR LAN TiPlCAl TO SHOPS 1 bull 4
~obull~iti Sl-t~gtshy
~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~
bull bull
SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I
~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~
lbullS1~H)
~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--
U) bull bull
O)
FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET
DENMARK
5 r----1 f5 r---i 25
sT1poundET t_~ge of _
~Q
bull
c=J~L__J~
SCALE BAR JN METFESmiddot
LICENSED SURYORS Mklaquo~ fOllod)I
~~rraquo~m ~~~middot~J Mob-cci U~Ml
bullOtmbull1ltoWgt
TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0
LOCATION
CLIENT
~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl
J ~fltJ111JdegbullHJgtIJlt
$ 16tlOi
L
UNtlEREROFT I CAFE ilOOR LAYOUT
1n2~0~1~
0middotL2 r 1 SCALE 1200
bull
~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
1 INTRODUCTION
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The owners of Lot 200 Strickland Street propose to develop a mixed use development in
accordance with the Residential Design Codes which have recently been amended to encourage
such development
The project will include a cafe facing North Street four commercial offices located at ground
level along Strickland Street and seven residential units on the first floor above the cafe and
offices The offices also have flexibility to be used as residential units or connect through to
residential accommodation on the first floor
The following report provides background information in support of the proposal
2 LOCATION AREA AND ZONING
Lot 200 is located on the south east corner of Strickland Street and North Street within the
Denmark town centre Refer Location Plan below
The Lot is 1641m2 in area and is zoned Commercial under the provisions of the Shire of
Denmarks Town Planning Scheme No 3 A Residential Density Code of R25 applies to the
property
Y201340 GJ RobertsonPR_Nov13doc - 1 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Lot 200 was originally developed with a single dwelling which has recently been demolished
The land is now vacant and is bounded by Strickland Street on its western boundary and North
Street on its northern boundary A five metre wide ROW abuts the southern boundary A single
storey residential dwelling is located on the lot to the east A feature survey of the site is
attached
The balance of the super lot which also fronts South Coast Highway and Horsley Road is used
for a mix of commercial development including caferestaurants newsagent liquor store art
gallery real estate offices and shops To the west on the opposite side of Strickland Street is
the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot
257 which is currently reserved for a fire station
A portion of the old hospital reserve has recently been developed for a public car park with 28
car bays Streetscape works within Strickland Street have also significantly increased on-street
car parking with right angle car parking provided adjacent to the subject land
The site slopes relatively gently from the south western corner of the property which is
approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO
The site is connected to all essential services such as scheme sewer water power and
telecommunications
The nature and character of nearby and surrounding development are illustrated in the
photographs overleaf There is a mix of single and two storey development which
predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves
predominate A wide range of materials are used including brick and rendered walls and timber
cladding The IGA building is an example of a modern larger scale building which nevertheless
has been successfully integrated amongst the more traditional buildings
Y201340 GJ RobertsonPR_Nov13doc 2
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting South Coast Highway
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET D ENMARK
War Memorial located on South West corner of South Coast Highway and Horsley Road
Y201340 GJ RobertsonPR_Novl3doc - 3-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
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AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
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AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
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AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
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AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
NORTH STREET
L
GROUND FLOOR LA OllT
2Ei24~BW
GfieiJyen4i AA d
SCALE 1200
bull n bull
deg
NORTH STREET
RRST FLOOR LAYOUT
NORTH STREET
SECOND FLOOR Lt OUT
s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=
middot7f_ 0
PROPOSED OEVELOPMENT
ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA
GRAEMO RDSSRTSON
FlOOR PLAN TPICAL TO UNITS 4 amp 6
FLOOR PLAN TYPICAi TO UraquolTS I bull 3
2955
il ll
SHOP~ OVER
][ID
FLOOR PLAN TYPICAL TO CAFE
SMgt
flOOR PLAN TYPtcAl TO UNiS S amp 7
UNIT40VER
l []D t--
SHOP4 I ~ II
_ 1========1
FLOOR PLAN TYPICAL TO OFFICE
SHOP l 90W
lliDITJ
FLOOR LAN TiPlCAl TO SHOPS 1 bull 4
~obull~iti Sl-t~gtshy
~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~
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~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~
lbullS1~H)
~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--
U) bull bull
O)
FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET
DENMARK
5 r----1 f5 r---i 25
sT1poundET t_~ge of _
~Q
bull
c=J~L__J~
SCALE BAR JN METFESmiddot
LICENSED SURYORS Mklaquo~ fOllod)I
~~rraquo~m ~~~middot~J Mob-cci U~Ml
bullOtmbull1ltoWgt
TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0
LOCATION
CLIENT
~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl
J ~fltJ111JdegbullHJgtIJlt
$ 16tlOi
L
UNtlEREROFT I CAFE ilOOR LAYOUT
1n2~0~1~
0middotL2 r 1 SCALE 1200
bull
~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
3 SITE DESCRIPTION amp SURROUNDING DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Lot 200 was originally developed with a single dwelling which has recently been demolished
The land is now vacant and is bounded by Strickland Street on its western boundary and North
Street on its northern boundary A five metre wide ROW abuts the southern boundary A single
storey residential dwelling is located on the lot to the east A feature survey of the site is
attached
The balance of the super lot which also fronts South Coast Highway and Horsley Road is used
for a mix of commercial development including caferestaurants newsagent liquor store art
gallery real estate offices and shops To the west on the opposite side of Strickland Street is
the IGA supermarket To the north lie Reserve 18587 which contains the old hospital and Lot
257 which is currently reserved for a fire station
A portion of the old hospital reserve has recently been developed for a public car park with 28
car bays Streetscape works within Strickland Street have also significantly increased on-street
car parking with right angle car parking provided adjacent to the subject land
The site slopes relatively gently from the south western corner of the property which is
approximately 11 metres AHO to the north eastern corner which is around 65 metres AHO
The site is connected to all essential services such as scheme sewer water power and
telecommunications
The nature and character of nearby and surrounding development are illustrated in the
photographs overleaf There is a mix of single and two storey development which
predominantly abuts the footpath Roof pitches vary between 20deg to 40deg and colorbond rooves
predominate A wide range of materials are used including brick and rendered walls and timber
cladding The IGA building is an example of a modern larger scale building which nevertheless
has been successfully integrated amongst the more traditional buildings
Y201340 GJ RobertsonPR_Nov13doc 2
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting South Coast Highway
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET D ENMARK
War Memorial located on South West corner of South Coast Highway and Horsley Road
Y201340 GJ RobertsonPR_Novl3doc - 3-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
Y201340 GJ RobertsonPR_Nov13doc - 4 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
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DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting South Coast Highway
M IXED U SE DEVELOPMENT
LOT 200 STRICKLAND STREET D ENMARK
War Memorial located on South West corner of South Coast Highway and Horsley Road
Y201340 GJ RobertsonPR_Novl3doc - 3-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
Y201340 GJ RobertsonPR_Nov13doc - 4 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
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REV DESCRIPTION
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SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
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~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
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D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Shops fronting Horsley Road
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Car Park Located within Reserve on northern side of North Street
Y201340 GJ RobertsonPR_Nov13doc - 4 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
NORTH STREET
L
GROUND FLOOR LA OllT
2Ei24~BW
GfieiJyen4i AA d
SCALE 1200
bull n bull
deg
NORTH STREET
RRST FLOOR LAYOUT
NORTH STREET
SECOND FLOOR Lt OUT
s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=
middot7f_ 0
PROPOSED OEVELOPMENT
ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA
GRAEMO RDSSRTSON
FlOOR PLAN TPICAL TO UNITS 4 amp 6
FLOOR PLAN TYPICAi TO UraquolTS I bull 3
2955
il ll
SHOP~ OVER
][ID
FLOOR PLAN TYPICAL TO CAFE
SMgt
flOOR PLAN TYPtcAl TO UNiS S amp 7
UNIT40VER
l []D t--
SHOP4 I ~ II
_ 1========1
FLOOR PLAN TYPICAL TO OFFICE
SHOP l 90W
lliDITJ
FLOOR LAN TiPlCAl TO SHOPS 1 bull 4
~obull~iti Sl-t~gtshy
~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~
bull bull
SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I
~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~
lbullS1~H)
~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--
U) bull bull
O)
FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET
DENMARK
5 r----1 f5 r---i 25
sT1poundET t_~ge of _
~Q
bull
c=J~L__J~
SCALE BAR JN METFESmiddot
LICENSED SURYORS Mklaquo~ fOllod)I
~~rraquo~m ~~~middot~J Mob-cci U~Ml
bullOtmbull1ltoWgt
TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0
LOCATION
CLIENT
~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl
J ~fltJ111JdegbullHJgtIJlt
$ 16tlOi
L
UNtlEREROFT I CAFE ilOOR LAYOUT
1n2~0~1~
0middotL2 r 1 SCALE 1200
bull
~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Right angle car parking located adjacent to Lot 200
Single and two storey Commercial development on Strickland Street
Y201340 GJ RobertsonPR_Nov13doc -s-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
M IXED U SE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
IGA supermarket located on Strickland Street opposite the subject land
Y201340 GJ RobertsonPR_Novl3doc - 6 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
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REV DESCRIPTION
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SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
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~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
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Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
4 PLANNING CONTEXT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The Shire of Denmarks Town Planning Scheme No 3 (TPS3) its Local Planning Strategy (LPS) and
the Commercial Strategy Local Planning Policies Liveable Neighbourhoods and the Residential
Design Codes are the main planning documents which regulate and provide guidance in relation
to potential development options for Lot 200
41 Town Planning Scheme No 3
As a commercially zoned site there are a wide range of uses that can be approved including
residential development and most forms of commercial development such as shops restaurant
art gallery holiday accommodation medical centre garden centre hotel tavern and winery
Residential development as a separate use is based on the R25 Density Code which designates a
minimum lot size of 300m2 and an average lot size of 350m2 This would allow up to four
dwellings to be constructed on the site
Extract from TPS3 Zoning Map
Y201340 GJ RobertsonPR_Nov13doc
LOCAL SCHE~ RESERVES
I Drainage and Walerbodies
Parks and Recfealion
NgtllcUse OOltOIBgtASFltUOWS
FS FStion H _Silbull
ZONES D Residential
bull cooirncial
OTHER District Hailage Boundiwy (EESOampE TEX1)
RCodes
Additional Uses
- Scheme Boundary
reg ORIG A4 SCALE 1 3000
-7 -
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
NORTH STREET
L
GROUND FLOOR LA OllT
2Ei24~BW
GfieiJyen4i AA d
SCALE 1200
bull n bull
deg
NORTH STREET
RRST FLOOR LAYOUT
NORTH STREET
SECOND FLOOR Lt OUT
s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=
middot7f_ 0
PROPOSED OEVELOPMENT
ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA
GRAEMO RDSSRTSON
FlOOR PLAN TPICAL TO UNITS 4 amp 6
FLOOR PLAN TYPICAi TO UraquolTS I bull 3
2955
il ll
SHOP~ OVER
][ID
FLOOR PLAN TYPICAL TO CAFE
SMgt
flOOR PLAN TYPtcAl TO UNiS S amp 7
UNIT40VER
l []D t--
SHOP4 I ~ II
_ 1========1
FLOOR PLAN TYPICAL TO OFFICE
SHOP l 90W
lliDITJ
FLOOR LAN TiPlCAl TO SHOPS 1 bull 4
~obull~iti Sl-t~gtshy
~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~
bull bull
SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I
~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~
lbullS1~H)
~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--
U) bull bull
O)
FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET
DENMARK
5 r----1 f5 r---i 25
sT1poundET t_~ge of _
~Q
bull
c=J~L__J~
SCALE BAR JN METFESmiddot
LICENSED SURYORS Mklaquo~ fOllod)I
~~rraquo~m ~~~middot~J Mob-cci U~Ml
bullOtmbull1ltoWgt
TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0
LOCATION
CLIENT
~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl
J ~fltJ111JdegbullHJgtIJlt
$ 16tlOi
L
UNtlEREROFT I CAFE ilOOR LAYOUT
1n2~0~1~
0middotL2 r 1 SCALE 1200
bull
~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Where residential development is proposed in conjunction with other development in the
Commercial Zone Clause 533 of the Scheme provides Council with the discretion to determine
the appropriate density code to apply for development requirement purposes The Scheme
Report Section 121 Development confirms the intent of clause 533 stating Provision is made
for the Council to determine the appropriate density where residential development is
combined with commercial development in the commercial zone
While Grouped Dwelling is an AA use listed in the Zoning Table of the Scheme Text a Multiple
Dwelling is not listed within the table As the proposed development involves dwellings located
above each other they are defined as Multiple Dwellings
Similarly Mixed Use Development is not listed within the Zoning Table
Where a use is not specifically mentioned in the Zoning Table and cannot reasonably be
determined as falling within the interpretation of one of the use categories Clause 325 of the
Scheme provides Council with the option to either determine that the use is not consistent with
the purpose and intent of the particular zone and is therefore not permitted or alternatively to
determine by absolute majority that the use may be consistent with the purpose and intent of
the zone and thereafter follow the procedure set out in Clause 64 in considering an application
for planning consent Clause 64 provides for the proposal to be advertised for public comment
prior to consideration by Council
42 Local Planning Strategy
The Local Planning Strategy (LPS) provides additional guidance to the Town Planning Scheme
with two of its guiding principles being
1 To provide a range of compatible housing lifestyle choice and associated development in
harmony with the existing character and community spirit enjoyed by Denmark
2 To provide a (Denmark) town centre that continues to be a focus for all forms of
commercial activity that supports a vibrant town centre and meets the diverse needs for
the community and contributes towards a high level and range of employment
opportunities for local residents
Y201340 GJ RobertsonPR_Nov13doc -8 -
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
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SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AVTON 8AESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
Strategies to implement the future residential requirements of the Shire include
Council support private and public development of aged accommodation in suitable locations
having regard to issues including but not limited to close proximity to commercial and
community facilities good accessibility (both vehicular and pedestrian access) and topography of
the site having regard to the nature of the occupant
While the proposed development is not an aged persons complex interest in the units is
predominantly from people of retirement age
More specific guidance is provided by the Commercial Strategy
43 Commercial Strategy- Policy No 31
The Commercial Strategy notes that The form of development preferred for the core area will
be a combination of retail office restaurants and some residential incorporated into new
developments where appropriate Recommendations include
bull encourage redevelopment and infill of existing Commercial zoned land in the CBD
bull encourage mixed use development throughout the CBD
bull ensure new development complements and conforms with the existing character of the
core of the CBD
These recommendations are supported by Liveable Neighbourhoods which focuses on achieving
higher densities of development to achieve more sustainable urban outcomes The provision of
a wide range of lot sizes and dwelling types resulting in a greater range of housing and lifestyle
choices is supported An appropriate range of higher density housing is particularly supported in
and around town centres
44 Residential Design Codes
Clause 523 of TPS3 requires all residential development to comply with the requirements of the
residential design Codes The codes have recently been amended to facilitate mixed use
development and improve the quality of multiple dwelling developments in line with
contemporary planning needs It is noted that the provisions in the R Codes for areas coded less
V201340 GJ Aobertson PR_Nov13doc bull 9
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
NORTH STREET
L
GROUND FLOOR LA OllT
2Ei24~BW
GfieiJyen4i AA d
SCALE 1200
bull n bull
deg
NORTH STREET
RRST FLOOR LAYOUT
NORTH STREET
SECOND FLOOR Lt OUT
s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=
middot7f_ 0
PROPOSED OEVELOPMENT
ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA
GRAEMO RDSSRTSON
FlOOR PLAN TPICAL TO UNITS 4 amp 6
FLOOR PLAN TYPICAi TO UraquolTS I bull 3
2955
il ll
SHOP~ OVER
][ID
FLOOR PLAN TYPICAL TO CAFE
SMgt
flOOR PLAN TYPtcAl TO UNiS S amp 7
UNIT40VER
l []D t--
SHOP4 I ~ II
_ 1========1
FLOOR PLAN TYPICAL TO OFFICE
SHOP l 90W
lliDITJ
FLOOR LAN TiPlCAl TO SHOPS 1 bull 4
~obull~iti Sl-t~gtshy
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lbullS1~H)
~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--
U) bull bull
O)
FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET
DENMARK
5 r----1 f5 r---i 25
sT1poundET t_~ge of _
~Q
bull
c=J~L__J~
SCALE BAR JN METFESmiddot
LICENSED SURYORS Mklaquo~ fOllod)I
~~rraquo~m ~~~middot~J Mob-cci U~Ml
bullOtmbull1ltoWgt
TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0
LOCATION
CLIENT
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J ~fltJ111JdegbullHJgtIJlt
$ 16tlOi
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UNtlEREROFT I CAFE ilOOR LAYOUT
1n2~0~1~
0middotL2 r 1 SCALE 1200
bull
~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
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I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
that R30 do not generally encourage housing density affordability and flexibility Part 6 of the
Codes addresses these issues and aim to improve the quality of multiple dwellings development
in line with contemporary planning needs Specifically the provisions aim to
bull expand the permissible range of housing within individual residential codings to better
meet the housing needs of the community
bull facilitate the development and redevelopment of existing housing sites
bull improve the standard of design for multi-unit housing and encourage the development of
housing with design principles appropriate to form and
bull build the capacity of local government to interpret and apply new methods for
assessment and promotion of multi-unit housing and mixed use development
One of the main differences for areas coded R30 or greater is that here is no minimum site area
per dwelling for multiple units Instead plot ratio setbacks and building height guide the form
of the development and there is a greater emphasis on the use of design principles
45 Townscape Policy - Policy No 15
The townscape policy provides building guidelines which support
bull Development proposals that harmonise with the landscape and existing buildings
bull Development that is of a domestic scale including historic methods of construction
materials posted verandas the use of heritage colours and the enhancement of
pedestrian amenities
bull Low impact commercial development proposals that enhance pedestrian movement and
access and create a domestic scale of design
46 South Coast Highway Commercial Developments - Policy No 261
While the subject land does not fall within the policy area elements of the policy are relevant to
the proposal These include
bull an architectural style sympathetic to the current historic commercial core of the CBD
bull roof pitches in the range of 20deg to 40deg
bull location of car parking and delivery areas to the rear of the development
bull screening of rubbish containers
Y201340 GJ RobertsonPR_Nov13doc -10-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
NORTH STREET
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ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA
GRAEMO RDSSRTSON
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PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
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FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
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NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
5 PROPOSED DEVELOPMENT
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development is illustrated on the attached site plan elevations and
cross sections (Plans AOl to A07)
The essential elements of the plan consist of
bull a cafe located on the north west corner of the site with an internal area and north facing
alfresco area which is orientated to the north
bull four commercial offices located at ground level which directly front Strickland Street
bull seven residential units located on the first floor above a cafe and offices
bull car parking and storage located within an under croft
The four commercial offices have been designed so that they can be used as residential units
should demand for the offices not eventuate in the short to medium term Further flexibility is
provided to allow for the ground floor to be used for commercial purposes with residential
accommodation on the first floor Refer Plan A07 Alternate Occupancy Options
tn terms of utilisation of land within the CBD part 2 of the Local Planning Strategy Background
and Analysis Section 65 Retail and Commerce provides a retail floor space forecast to the year
2031 It is estimated that an additional 9012m2 of commercial floor space will be required to be
accommodated in the CBD by 2031
A commercial floor space to site area ratio of 14 is used to determine the amount of land
required to accommodate the additional floor space this being 360ha of land
The proposed development will provide a total area of commercial floor space of 478lm 2 on the
ground floor which represents a site area ratio of almost 13 which is greater than the 14 ratio
used to forecast future requirements
Y201340 GJ RobertsonPR_Nov13doc -11-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
NORTH STREET
L
GROUND FLOOR LA OllT
2Ei24~BW
GfieiJyen4i AA d
SCALE 1200
bull n bull
deg
NORTH STREET
RRST FLOOR LAYOUT
NORTH STREET
SECOND FLOOR Lt OUT
s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=
middot7f_ 0
PROPOSED OEVELOPMENT
ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA
GRAEMO RDSSRTSON
FlOOR PLAN TPICAL TO UNITS 4 amp 6
FLOOR PLAN TYPICAi TO UraquolTS I bull 3
2955
il ll
SHOP~ OVER
][ID
FLOOR PLAN TYPICAL TO CAFE
SMgt
flOOR PLAN TYPtcAl TO UNiS S amp 7
UNIT40VER
l []D t--
SHOP4 I ~ II
_ 1========1
FLOOR PLAN TYPICAL TO OFFICE
SHOP l 90W
lliDITJ
FLOOR LAN TiPlCAl TO SHOPS 1 bull 4
~obull~iti Sl-t~gtshy
~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~
bull bull
SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I
~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~
lbullS1~H)
~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--
U) bull bull
O)
FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET
DENMARK
5 r----1 f5 r---i 25
sT1poundET t_~ge of _
~Q
bull
c=J~L__J~
SCALE BAR JN METFESmiddot
LICENSED SURYORS Mklaquo~ fOllod)I
~~rraquo~m ~~~middot~J Mob-cci U~Ml
bullOtmbull1ltoWgt
TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0
LOCATION
CLIENT
~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl
J ~fltJ111JdegbullHJgtIJlt
$ 16tlOi
L
UNtlEREROFT I CAFE ilOOR LAYOUT
1n2~0~1~
0middotL2 r 1 SCALE 1200
bull
~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While there are a number of vacant shops in the CBD (December 2013) application to build a
supermarket on the corner of Hardy Street and South Coast Highway has recently been lodged
While this proposal has been refused predominantly for design reasons the applicant has been
invited to resubmit with a revised design The supermarket consists of 2650m2 with an
additional 500m2 of specialty retail The combined floor space of 3150m 2 represents 60 of the
retail floor space required to 2031 As such it will have a significant impact on the CBD and will
inevitably tend to draw commercial development to the western end of the CBD It is
understood the existing IGA building opposite the subject land may be used as a library
Based on the above scenario it is considered the proposed development is a logical use of land
given the fact that shop retail floor space is likely to be well catered for the foreseeable future
The proposed mixed use development will help to retain the vitality of the traditional core of the
CBD which may suffer further loss of retail floor space when the new supermarket is built
Based on the general site requirements for multiple dwellings in areas coded R30 or greater
within mixed use development as set out in Table 4 of the Codes an R Code of SO is
recommended for the proposed development
Within this density code the following site requirements apply
Maximum Plot Minimum Open Minimum Primary Secondary Street Maximum Height (m) ratio space - of site street setback (m) setback (m) Top of Wall I Top of Roof
06 45 2 2 9 I 12
Y201340 GJ RobertsooPR_Novl3doc -12-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
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Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
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SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
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Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PIANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The following section assesses the proposal against the design principles outlined in Part 6 of the
Residential Design Codes
51 Design Principles (Refer Part 6 of the Residential Design Codes)
Building Size 611
The bulk and scale of the proposal is in keeping with existing character of the Denmark town
centre which is predominantly single and two storey development Plot ratio is 054 which
complies with the maximum plot ratio requirements (060) set out in Table 4
Building Height 612
The maximum height (top of wall) is 64m compared to the maximum height of 90m Maximum
height to the top of the roof is 97m compared to the maximum permitted of 120m
The development in terms of its build and height has no detrimental impact on adjoining
properties streetscape and adjoining reserves
Street Setback 613
The residential dwellings have a one metre setback from Strickland Street compared to
minimum required primary street setback of two metres However development along
Strickland Street has a nil street setback and the setback required by TPS3 in the Commercial
zone is a nil setback
Balconies are located entirely within the property boundary
Lot Boundary setbacks 614
The development complies with the minimum lot boundary setback requirements set out in
Tables 2a and 2b and the side boundary setbacks in accordance with the existing street context
The cafe and office uses are confined to the ground floor and front North Street and Strickland
Street where they have direct access from on street car parking
Y201340 GJ RobertsonPR_NovBdoc -13-
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
NORTH STREET
L
GROUND FLOOR LA OllT
2Ei24~BW
GfieiJyen4i AA d
SCALE 1200
bull n bull
deg
NORTH STREET
RRST FLOOR LAYOUT
NORTH STREET
SECOND FLOOR Lt OUT
s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=
middot7f_ 0
PROPOSED OEVELOPMENT
ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA
GRAEMO RDSSRTSON
FlOOR PLAN TPICAL TO UNITS 4 amp 6
FLOOR PLAN TYPICAi TO UraquolTS I bull 3
2955
il ll
SHOP~ OVER
][ID
FLOOR PLAN TYPICAL TO CAFE
SMgt
flOOR PLAN TYPtcAl TO UNiS S amp 7
UNIT40VER
l []D t--
SHOP4 I ~ II
_ 1========1
FLOOR PLAN TYPICAL TO OFFICE
SHOP l 90W
lliDITJ
FLOOR LAN TiPlCAl TO SHOPS 1 bull 4
~obull~iti Sl-t~gtshy
~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~
bull bull
SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I
~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~
lbullS1~H)
~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--
U) bull bull
O)
FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET
DENMARK
5 r----1 f5 r---i 25
sT1poundET t_~ge of _
~Q
bull
c=J~L__J~
SCALE BAR JN METFESmiddot
LICENSED SURYORS Mklaquo~ fOllod)I
~~rraquo~m ~~~middot~J Mob-cci U~Ml
bullOtmbull1ltoWgt
TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0
LOCATION
CLIENT
~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl
J ~fltJ111JdegbullHJgtIJlt
$ 16tlOi
L
UNtlEREROFT I CAFE ilOOR LAYOUT
1n2~0~1~
0middotL2 r 1 SCALE 1200
bull
~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKIAND STREET DENMARK
The residential component of the mixed use development is effectively separated by being
located on the first floor with access from the rear This arrangement minimises potential
conflicts between the commercial and residential uses
Open Space 615
The development complies with minimum open space of 45 as set out in Table 4 Actual
provision is 57
Street Surveillance 621
The development provides excellent surveillance of both Strickland Street and North Street
Entrances from the ground floor dwellings are clearly visible and windows and balconies from
first floor units provide elevated views of the street Fencing is designed to provide both private
alfresco areas as well as porches which are open and visible from the street Fencing consists of
a mix of feature walls and low rendered walls with transparent timber slats on top
Balconies and windows from habitable rooms provide good surveillance to the rear of the units
overlooking the footpaths walkways vehicular access and car parking areas
Sight Lines 623
Unobstructed sight lines are provided at vehicle accessegress points off North Street and
Strickland Street
Building Appearance 624
The design of the development with (30deg) pitched colorbond rooves a mix of rendered and
texture stone walls weatherboard cladding and timber slatted balustrading and fencing is in
keeping with the local policy guidelines and character of the Denmark CBD
The design and orientation of the cafe to North Street minimises any potential conflict with the
residential units
Y2013 40 GJ Robertson PR_Nov13doc - 14-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
NORTH STREET
L
GROUND FLOOR LA OllT
2Ei24~BW
GfieiJyen4i AA d
SCALE 1200
bull n bull
deg
NORTH STREET
RRST FLOOR LAYOUT
NORTH STREET
SECOND FLOOR Lt OUT
s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=
middot7f_ 0
PROPOSED OEVELOPMENT
ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA
GRAEMO RDSSRTSON
FlOOR PLAN TPICAL TO UNITS 4 amp 6
FLOOR PLAN TYPICAi TO UraquolTS I bull 3
2955
il ll
SHOP~ OVER
][ID
FLOOR PLAN TYPICAL TO CAFE
SMgt
flOOR PLAN TYPtcAl TO UNiS S amp 7
UNIT40VER
l []D t--
SHOP4 I ~ II
_ 1========1
FLOOR PLAN TYPICAL TO OFFICE
SHOP l 90W
lliDITJ
FLOOR LAN TiPlCAl TO SHOPS 1 bull 4
~obull~iti Sl-t~gtshy
~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~
bull bull
SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I
~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~
lbullS1~H)
~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--
U) bull bull
O)
FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET
DENMARK
5 r----1 f5 r---i 25
sT1poundET t_~ge of _
~Q
bull
c=J~L__J~
SCALE BAR JN METFESmiddot
LICENSED SURYORS Mklaquo~ fOllod)I
~~rraquo~m ~~~middot~J Mob-cci U~Ml
bullOtmbull1ltoWgt
TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0
LOCATION
CLIENT
~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl
J ~fltJ111JdegbullHJgtIJlt
$ 16tlOi
L
UNtlEREROFT I CAFE ilOOR LAYOUT
1n2~0~1~
0middotL2 r 1 SCALE 1200
bull
~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Site Planning amp Design 63
Outdoor Living Areas 631
MIXED USE DEVELOPMENT
Lor 200 STRICKLAND STREET DENMARK
Each unit is provided with a balcony or alfresco area accessed directly from a habitable room
and is in excess or equal to the minimum area of 10m2 and with a minimum dimension of 24m
Landscaping 632
Car parking does not intrude into the street setback areas and the location of the car parking
within the site enables an attractive street fa~ade to be developed which is not dominated by
garage doors or car ports
Landscaping is strategically focused on the corner of North Street and Strickland Street adjacent
to the cafe Wheelchair accessibility is provided to the cafe and associated car parking
Parking 633
A total of seven car bays are required for the seven residential units which include five medium
sized units one small single bedroom unit and one large three bedroom unit
Two visitor car bays are required and Council is requested to agree that these can be
accommodated within the extensive on street car parking provided within Strickland Street It is
anticipated that most visits to the units will occur outside normal working hours when car
parking is not at a premium
Each of the four offices on the ground floor has 8118m2 of floor space and will require two car
bays each Of the eight bays required four can be provided on site (bays 8-11 as shown on the
under croft layout) These bays can be used by the ownermanager of each office and are
separated from the residential car bays
With regard to the cafe one car bay is required per four persons Based on a maximum capacity
within the cafe of 30 persons 75 car bays are required Five car bays are provided within the
site including one handicapped bay
Y 201340 GJ Robertson PR_NovBcloc -15-
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
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DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
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Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
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RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
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Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
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REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
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bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
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amppoundQl~ITY rATE
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RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AVTON BAESJOU PIANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
While additional car bays can be provided by way of cash-in-lieu Council is requested to
consider a relaxation given the availability of car parking in this locality Design Element P33 of
the Residential Design Codes notes that in activity centre locations (town centres) consideration
may be given to a reduction in on-site car parking provided
bull available street car parking is controlled by local government and
bull the decision maker is of the opinion that a sufficient equivalent number of on-street
spaces are available near the development
The availability of right angle car parking on Strickland Street the twenty eight car bays on the
northern side of North Street and proposed relocation of the IGA supermarket will also reduce
the pressure for car parking in this peripheral part of the CBD
It should be noted that the office space may not be initially taken up and that it may be used for
residential purposes until there is demand for commercial floor space Car parking provision
would then comply until such time as commercial use eventuates
Bicycle Spaces
Bicycle spaces can be provided within the storage facilities which are located adjacent to the car
parking space provided for each unit as suggested by the Residential Design Code guidelines
One visitor bicycle space is required and can be accommodated in a suitable location in
discussion with Council officers
Design of Car Parking Spaces amp Vehicular Access 634
Car parking spaces and vehicular access have been designed to meet the relevant deemed-toshy
comply requirements set out in the Codes
Site Works 636
The development has been designed to fit the topography of the site with minimal excavation
and fill required to achieve the under croft parking and storage
Y201340 GJ Robertson PR_NovBdoc -16-
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
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FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
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DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
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UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
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REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
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DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
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DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
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2 4
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FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
Building Design 64
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The built form of the proposed development meets the design principles outlined in the
Residential Design Codes with respect to
bull Visual Privacy
bull Solar Access for adjoining sites and
bull Dwelling size
Further consideration at the detailed design stage will need to be given to ensure external
features such as solar collectors aerials antennae satellite dishes and pipes are integrated into
the design and are not visually obtrusive from the street or neighbouring properties
Utilities amp Facilities
Internal storage areas have been provided for each dwelling and storage areas provided for
rubbish bins which are screened from the street
Y201340 GJ Robertson PR_Novl3doc -17 -
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
NORTH STREET
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DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
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DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AVTON BAESJOU PLANNING
CONSULTANTS IN UR6AN amp REGIONAL PLANNING
6 CONCLUSION
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
The proposed mixed use development consisting of a mix of commercial and residential units is
a high quality development which will blend in and enhance the streetscape ofthe CBD
It is a maximum of two storeys which is not out of context with the scale and appearance of
existing development in the CBD
Although the site is located on the periphery of the CBD it is shown as Core Commercial in
Councils Commercial Strategy Consequently the development provides for commercial
development on the ground floor with a total area of 4781m2bull This represents a site area ratio
of almost 13 which is greater than the 14 ratio used in the LPS to assess future requirements
for commercial development in the CBD
Using the Residential Design Codes which have recently been amended to encourage mixed use
development and now form part of Councils Town Planning Scheme seven residential units can
be accommodated above the Commercial uses This is entirely in keeping with best planning
practice where the objective is to provide
bull a greater variety of housing types
bull increased density of housing within and around town centres
bull provision of housing within walking distance of shops and all CBD facilities
bull improved surveillance within the commercial area
bull a more vibrant town centre
These initiatives together create a more sustainable urban environment while at the same time
retaining and enhancing the character of the Denmark Town Centre
Following preliminary consultations with councillors on the July 30th 2013 the architects Paul
Meschiati and Associates have revised the plans to provide wheel chair access to four of the
units on the first floor with three requiring steps for access
Y201340 GJ RobertsonPR_Nov13doc - 18 -
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
NORTH STREET
L
GROUND FLOOR LA OllT
2Ei24~BW
GfieiJyen4i AA d
SCALE 1200
bull n bull
deg
NORTH STREET
RRST FLOOR LAYOUT
NORTH STREET
SECOND FLOOR Lt OUT
s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=
middot7f_ 0
PROPOSED OEVELOPMENT
ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA
GRAEMO RDSSRTSON
FlOOR PLAN TPICAL TO UNITS 4 amp 6
FLOOR PLAN TYPICAi TO UraquolTS I bull 3
2955
il ll
SHOP~ OVER
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FLOOR PLAN TYPICAL TO CAFE
SMgt
flOOR PLAN TYPtcAl TO UNiS S amp 7
UNIT40VER
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SHOP4 I ~ II
_ 1========1
FLOOR PLAN TYPICAL TO OFFICE
SHOP l 90W
lliDITJ
FLOOR LAN TiPlCAl TO SHOPS 1 bull 4
~obull~iti Sl-t~gtshy
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bull bull
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O)
FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET
DENMARK
5 r----1 f5 r---i 25
sT1poundET t_~ge of _
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SCALE BAR JN METFESmiddot
LICENSED SURYORS Mklaquo~ fOllod)I
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LOCATION
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$ 16tlOi
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UNtlEREROFT I CAFE ilOOR LAYOUT
1n2~0~1~
0middotL2 r 1 SCALE 1200
bull
~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
AYTON BAESJOU PLANNING
CONSULTANTS IN URBAN amp REGIONAL PLANNING
MIXED USE DEVELOPMENT
LOT 200 STRICKLAND STREET DENMARK
As noted in the attached letter from the proponent Mr Graeme Robertson demand for this
form of mixed use development has been demonstrated by the response to the proposal from
local residents
In order for the development to proceed Councils discretion is required to utilise Clause 325
of the Town Planning Scheme which allows Council to consider the development (mixed use) as
a use not listed in the zoning table and determine by absolute majority that the proposed
use may be consistent with the purpose and intent of the zone and thereafter follow the
procedure set out in Clause 64 in considering an application for planning consent
Clause 64 provides for the proposal to be advertised for public comment which provides Council
with further opportunity to ensure the proposal is broadly canvassed prior to a decision being
made
The only issue that has been difficult to resolve is the ability to accommodate all the car parking
required on-site A total of 16 car bays have been accommodated on site with a short fall of 25
car bays for the cafe four car bays if all the offices are taken up and two visitor car bays The
Residential Design Codes recognise the difficulty of accommodating all the car parking for mixed
use development on site in town centres and suggest a relaxation maybe considered where
Council is in control of car parking in the vicinity and where there is sufficient car parking in the
area to cover the shortfall It is considered that both these prerequisites apply in this instance
In conclusion it is considered the proposed development will contribute to the vitality and
economy of the Denmark CBD in a manner which will meet an identified demand in this area
The quality of the development will also set a standard for potential further mixed use
development incorporating higher residential densities
With the prospect of a significant expansion of retail activity moving westwards along South
Coast Highway it is more than likely that the commercial focus of the town will also shift in that
direction Should this occur it is considered the proposed mixed use development will help to
shore up the vitality of the north eastern corner of the CBD
Y201340 GJ RobertsonPR_Novl3doc middot 19
NORTH STREET
L
GROUND FLOOR LA OllT
2Ei24~BW
GfieiJyen4i AA d
SCALE 1200
bull n bull
deg
NORTH STREET
RRST FLOOR LAYOUT
NORTH STREET
SECOND FLOOR Lt OUT
s)~ lltSlt~Mn) ~=~WdegNlt=l~ laquo(Ilt degl~gtOltgtOgtlgtO (OS)lt-lt~Ogtlli _o~u=
middot7f_ 0
PROPOSED OEVELOPMENT
ILOT 2nn rnR NORTH STRl(KLMlD DWMARK WESTERN AUSTRALIA
GRAEMO RDSSRTSON
FlOOR PLAN TPICAL TO UNITS 4 amp 6
FLOOR PLAN TYPICAi TO UraquolTS I bull 3
2955
il ll
SHOP~ OVER
][ID
FLOOR PLAN TYPICAL TO CAFE
SMgt
flOOR PLAN TYPtcAl TO UNiS S amp 7
UNIT40VER
l []D t--
SHOP4 I ~ II
_ 1========1
FLOOR PLAN TYPICAL TO OFFICE
SHOP l 90W
lliDITJ
FLOOR LAN TiPlCAl TO SHOPS 1 bull 4
~obull~iti Sl-t~gtshy
~degmiddotAdeg~ Pooo~(OliiblSOgtO f=flllJ=gtOngtl i lgt fl~~
bull bull
SllHOOlgtgtrn0-~1 ~ deg bullw IOWltlt I- 5Wgtr I
~copy ~~~ ~r~-middot~middot~~~~~~middot~~~~o~~
lbullS1~H)
~~6009 no=ORfogt9~l ~=lt0SgtOltWltgtm _~--
U) bull bull
O)
FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET
DENMARK
5 r----1 f5 r---i 25
sT1poundET t_~ge of _
~Q
bull
c=J~L__J~
SCALE BAR JN METFESmiddot
LICENSED SURYORS Mklaquo~ fOllod)I
~~rraquo~m ~~~middot~J Mob-cci U~Ml
bullOtmbull1ltoWgt
TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0
LOCATION
CLIENT
~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl
J ~fltJ111JdegbullHJgtIJlt
$ 16tlOi
L
UNtlEREROFT I CAFE ilOOR LAYOUT
1n2~0~1~
0middotL2 r 1 SCALE 1200
bull
~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
NORTH STREET
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SCALE 1200
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FLOOR PLAN TYPICAi TO UraquolTS I bull 3
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FLOOR PLAN TYPICAL TO CAFE
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flOOR PLAN TYPtcAl TO UNiS S amp 7
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FLOOR PLAN TYPICAL TO OFFICE
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FLOOR LAN TiPlCAl TO SHOPS 1 bull 4
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FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET
DENMARK
5 r----1 f5 r---i 25
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SCALE BAR JN METFESmiddot
LICENSED SURYORS Mklaquo~ fOllod)I
~~rraquo~m ~~~middot~J Mob-cci U~Ml
bullOtmbull1ltoWgt
TltlltgtSJ9Wl~ltgt fgt)JOSl~amp~S Slgtgtideg1j-Wbull~- ADN6llllt91W0
LOCATION
CLIENT
~OT~tltgtO-ll U)gtTJllltmltICUgt4gt$11ET OltgtruARbull W~bulliJl
J ~fltJ111JdegbullHJgtIJlt
$ 16tlOi
L
UNtlEREROFT I CAFE ilOOR LAYOUT
1n2~0~1~
0middotL2 r 1 SCALE 1200
bull
~~~1 ~f~oo~~~~~~middoto~=gt lt laquogt-~ deg~middot~
~f i~St~1]~J~~i~~~~~~~
NORTH STREET
S4oW lltto~u __o_w=~laquoltn
raquogt~tiSJotlOl fltOSohltm sect~middot
PROPOSED DEVELOPMENT LOT 20D CNR NDRiH amp STRICKLAND DENMARK WES1ERIlt AUSiRAlA GRAEKE ROBERTSOlt
bull
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
STREET middot~~~~~~t (dge of C
degmiddot~middot-middot lo rro
~
SHffi
201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
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201
[====5=f==-=i=~gt~-==f==fi-==i= 25 10 20 ==-=1 SC4LE BAR IN METRES
NOTEmiddot CONTOURS ARE AT OSm INTER VAIS ANV ARE BASED ON AHD BOlNlJAR 1 middotLINES SHOUN AllE KERESENTAllONAL OAZJ ANlJ ARE SUBJECT TO SUR YiJ
DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
(OlYRIGHT copy
ElltISTllG BUILDIN ANO 55CCIATW fltETA~ WAUSTC amp mmw FROM SITi
UNDERCROFT I CAFE FLOOR LAYOUT HH( 1-lOO
2 0 2 4 6 8 10
~ SCALE 1200
1010310~
Af 08101108
CHK SY ORN 6Y $SUBY DATE
Thbulls drawmg bullS copyright and the property of Pbullul Mesch1albull and Assoltiates It must not be retained copbulled or used without bullhe authocty of Paul MeSlthbullat and Araquooltiates
DISCLAIMER
~~ p~rr~~~n f~d ~~c~otn)nt~bullbull11~~n1cally generated are rnnf1dential and riioy only lgte ugted for
Paul Mesch1at1 amp Assooates wbullll ltgtol accept cesponsbullbbulllbullty for any 0nsequenltes ar1smg from tne use of the drawbullng foe othor than its 1nteMed pwcpose or where rhe dra1ngh~sbeen alteed amended or chongeO ebullthec manually or eiecCronbullUgtlly by any thrd pbulldy
SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
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DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
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SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
B 100308 SHEET
1 4
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
FEATURE SURVEY OF LOT 200CNR NORTH STREET amp STRJCKLAND STREET
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DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
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SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
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ffe D or of Planning amp Sustainability
D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
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B 100308 SHEET
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Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
TBMSflKE IN BIT X
RLe6p
FEATURE SURVEY OF LOT 200 CNR NORTH STREET amp STRICKLAND STREET
DENMARK
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DENMARK SURVEY amp MAPPING
LICENSED SURVEYORS Andrew Le Fon Mob (1429 482 262 Stephen Bondini Mob M27 l 15 347
JOB 1280 140907
PO Box 339 1155 Strickland Street DENMARK WA 6333
Tel (08) 9848 2262 Fax (08) 9848 2228 Email dsmomninetnetau
ABN 65 801 497 860
LOCATION LOTWOC~R NORTH amp STRICKLAND STREET DENMARK WA 6333
CLIENT GRAEME ROBERTSON
REmiddotISSU[ FOR PLANNING APPROVAL
A ISSUE FOR PLANNIN(i APPLICATION
REV DESCRIPTION
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DISCLAIMER
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SITE DETAILS
LOT No 200 ADDRESS Crn North amp Stmklarid
Street Der1mark AREA OPEN SPACE LANDSCAPING PLOT RATIO
201
1641m2
1090m2
11-1 34
~~_Plans are ~pproved subject to the ll cond111ons contained in Appendix V
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D These Planbull are refused for lhe reasons contained m Appendix v
Suite 30 18 Stirling Hwy Nedlands WCSem Australia 6009 Phone (08) 6389 )706 fax (08) 6389 0708 Email p meschiauglohalnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
REmiddot1SIONNo
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DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
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-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
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COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
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bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
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1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
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fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
NORTH STREET
SHOP2 -middot - _ ~
GROUND FLOOR LAYOUT
2 0 2 4 ( 8 10
~i SCALE 1200
] 0 0
0
~---1()
I
i ~ I L __ l
I I I I
~~~~OVER I I I I
~
0
201
FIRST FLOOR LAYOUT
NORTH STREET NORTH STREET
SECOND FLOOR LAYOUT suu 1-lll
REVISEO rnvrn TO FOOTPATH TO STRICKLAND ST H 110406
RE-tSSU( fOR PLANNING AP PROV Al ) H WIOl08
REVISED ISSUE FDR PLANNING APPUCATION 2502Di
ISSUE FOR PLANNING APPLl(ATION OBIOl08
DESCRlfTION (HK BY ORN 8Y ISSU BY DA Tf
COPYmGHJ copy Thigt drawing 1s rnpyrbullgh~ bull~d the property o( Pou1 Me5lthltai ond Asooibulltes It must not bbull cet~bullne~ ltop1ed or uo~ w1thout the QUlnoc1tr or Paui Mesch1at1 and Assoltialbull~
DIS~LAIMfR
-h~ dcaw1ng and 1 rootents ace electronically generabulled are tonfbulldenlial bullno moy only be used foe thbull ourpose for whicn ~hey were 1nte~ded degbullul Mestn S Agt0oa~es well not accept regtpons1bd1y for ~ny consequeMes Sing from the use of the dcaw1ng for ot~er than 1~s intended purpose or wnere the dr~11ng has beo a1ered amended or thbullnged ~ rnonuali) or eleotron1Caliy by any thgtrd parfy
Shire of Denmark JllJ1raquo1lampConsent
ROVED REFUSED
0 TMit llbulln rue refustll for Loo 1WltllB COttllined ln Appendigt V
-PAUL MES CHIA TI AND ASSOCIATES ID~ WN BUILDING DESIGNERS AND PLANNERS IE
MARCH 2008 -middot lllllllr a MBDA i PROJECTCLIENT
I AS SH1JWN iAll ~ PROJECT No_ J
228-008
IREVJSIOJNo
Suite 30 18 Stirling Hwy NCltlands Westem Auslralrn 6009 Phone (08) 6389 0706 fax (08) 6389 0708 Email pmescliianglobbullLnetau
PROPOSED DEVELOPMENT LOT 200 CNR NORTH amp- STRICKLAND DENMARK WESTERN AUSTRALIA GRAEME ROBERTSON
D 2104 08
SlfEET
2 4
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
rluJiJNrlE u~
I
~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
RECEPTION
---
fOROffJC~OVER
FLOOR PLAN TYPICAL TO CAFE stbullL 1 100
1 Q l J I
~~ SCALE 1100
CAFE
LKIO CAFElAYOLTTll1-
2955
CAFE KITCHEN AND SERVERY FITDUT TBA
CAFE ABLUTIONS TO COMPLY TO BEA TB A
SHOP40VER
I ffl 88 I
FLOOR PLAN TYPICAL TO UNITS 1 amp 3 HH( 1-
ENTRY
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~~~ (
SHOP I 90mi
IFFL1D9I
LNDYPDR BATH
)lt~(gt
FLOOR PLAN TYPICAL TO UNITS 2 amp- 4 S(AU II~
FLOOR PLAN TYPICAL TO SHOPS 1 - 4 SAU 111
UNIT I OVER ~---==I
1 ~~ 41 r--~~-----_J_---shir ~o-f_D_e_n_m_ar_k------
I FFL 8 8 I --1arnaitiJ Consent
REFUSED i-~l======J
v
FLOOR PLAN TYPICAL TO OFFICE
Rpound-ISSUE FOR fLANN1N6 APROHl 10103100
R[VISEn ISSUE fOR Pt ANNING APPUCA TION 21020R
A ISSUf fOR PlANNIN(i APPU(ATION AF ~8101108
REV OEsrn1PTION [HK BY ORN BY ISSU BY OAH
COPYRIGHTcopy This drowmg is ltopyright ahd fhe property of Paul MeSlthah and Asooctes It mus not be ref~1nod ltamicrobulled or used without fhe culhoty of Paul Mesch1at1 anltI Assoe1ates
OISLAIM[R
This drawbullng anltI its contents are elenron1ltally genorated are (onf1denhai and may oniy be used tor the purpose for h1ch they wore 1nfonoeltI Paul Mesrh1ail g Assolt1ates w1il nor accept cosponSltbii1y for my ltOMequenoes ac1sin9 from the of the drawing for other ~hM ifs 1nfended pupose oc where the drawing has bee~ alrted ame~ded ar changed e1fher monuolly or elecronicatly by an) thrd p1-ty
e P111111 aruppuvoo iub~t Ill thbull co itton1_11 tiOntMJrtld in AppendiK V
bull PAULMESCHIATIANDASSOCATESj 0~wN lctssHowN - BVELDfNG DESIGNERS AND PLANN~E~R~S-=====r-~===I
- I DATE PROJECT No =bull MARC~ 2008 228-008
MsoA ~ ~R~~cdeg~~~middoto~o=E=V=E=L=O=P=ME=N=T=o~vcNdeg-~~I Suitc3o l8StirlingHwv T 200 CNR NORTH amp STRICKLAND 100 3 0B gtcdlbullnds WestemAusttlia 6009 NMARK WESTERN AUSTRALIA SHEET3
14 I
~~ ~~~~~~fa1~~~1ub~~~~ 63amp9 0708
RAE ME ROBERTSON
1 J
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
NORTH ELEVATION (NORTH STREET) SHI 100
WEST ELEVATION (STRICKLAND STREET) HALE 100
SCALE 1-100
B~WLLWshy
0RTLIC RENlR
----~-400~~middottf011~
110a 01lt 51rlllAR ClAPDING WBI TltlBfR STIJO FRllME w MRru REolDElit
BCgt GllTTER
fCLlfSE OPfHIWO ROOF lflllND PlllJIPfT
SflUTW tVJWING5 TO FRAlIE CffNia5 IN BLOC~
amppoundQl~ITY rATE
LETTEllOOgtltE5 FOR UM1TS~l5
~EVISEO (OVER TO FOOTPArn JO $1RICKLANO ST 11Ql08
RAMP SHOWN ON NORJH [lfVAHON 150308
RE-ISSU[ FDR PLAllMIN(i APPROVAL Vi W030S
REVISpound0 ISSUE FOR Pl A~~ APPLllAllDN 250108
ISSUE fO PiANMN6 APPLICATION 0801108
DESCRIPTION [HK BY ORN BY ISSU BY DATE
COPYRIGHT copy Th dr-aw1ng 1s ltopyr1ght ond the pr-operty of Paul Mesch1ot1 ond Asoc1atogt It must not b~ cegtabullMd ltoped or u~ed without lhe uthar-iy of Pa~I Me$ch1ah and Agtsocoofe
OIS[LAIMER
Th d ng and 1r contentbull are eleOronbullcclly geneccted bullce onf1denticl end mcy only be ued For ttw purpose for whl(h Chey were intended Poul MeSlthltal1 amp- Assoctebull will not ccrep cespoMbullblltty Foe any consequencB ac1s1ng from the use of the Orow1ng for other than its 1nfended purpose or where th~ dcowmg h been Qleed Qmended or cnonged efhec manually or- eledr-onouilly by any third pQrly
middot~rans are approved subjoct to the Lt~diti~ns Ctlntained in Appendix V
Director of Planning ll Sustainability
BUlLDlNG DESIGNERS AND PLANN~ERcs-0A0F=====FdegASSHOWN==
I
DATE-
Suite 30 18 Stirling Hwy Nedi ands Western Australia 6009 Phone (OS) 6389 0706 Fo (08) 6389 0708 Email pmescluoU(~global-netau
-MAR(H 2008 228-008 r=---1 PROJECTCLIENT
~PROPOSED DEVELOPMENT
OT 200 CNR NORTH amp STRICKLAND ENMARK WESTERN AUSTRALIA RAEME ROBERTSON
REVISION No
E 21 04_08
SHEET
414
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street
DenmarkDate Tuesday 14 January 2014 101854 AM
From Annette Harbron Sent Monday 7 October 2013 1055 AMTo Nick AytonCc gjrgroupwncomau Cr Ross Thornton Cr John Sampson Dale Stewart Douglas FotheringhamSubject OCR131022036 - Proposed Restaurant amp 10 x Multiple Dwellings - No 3 (Lot 200) Strickland Street Denmark Nick With regards to the planning application that was lodged on the 4 October 2013 for the above mentioned development as advised to Graeme at the counter on Friday and previous discussionsliaisons with Graeme I confirm as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions The subject lot has an
area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 ndash the proposal is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a planning application that cannot be approved by the Shire of Denmark with the current applicable coding thus a Scheme Amendment will be required
middot The planning application documentation submitted references that Council has discretion to vary the R25 coding that applies to the site on the basis that this application is for multiple dwellings thus is a ldquoUse Not Listedrdquo and that Clause 533 of TPS No 3 provides Council with the discretion to determine the appropriate density code to apply
In this regard I confirm that the application for multiple dwellings is a ldquoUse Not Listedrdquo application however Clause 533 is not applicable to this application as the ldquoR25rdquo coding does apply to the subject site ndash noting that Clause 533 applies to sites that are zoned lsquoCommercialrsquo but do not have a density coding applied on the map
middot The above advice has been provided on numerous occasions to the landowner and yourselves (noting Councilrsquos in-principle approval at the 26 February 2008 Council meeting to a mixed use development on the subject site reinforced that any development application for the site would need to comply with the appropriate density code of R25 ndash refer Council resolution 120208 pertaining to Item 915) and more recently at the Councillor Strategic Briefing Session held on 30 July 2013 wherein Graeme presented the proposal for preliminary consideration by Council
In addition to the above Ayton Baesjou Planning lodged a subdivision application for this site on behalf of the owners (WAPC Ref 146803) acknowledging that the R25 coding
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
provisions applied Therefore having regard to the above as advised to Graeme on Friday the Shire of Denmark is not able to approve this planning application given non-compliance with the current applicable coding for the site ndash thus consideration may wish to be given to withdrawing the current planning application that has been lodged for once Planning Services progress with formal assessment of the planning application and progresses to a determination the fees paid (being $410300 to date ndash refer notation below in this regard) will not be refunded I therefore provide you the opportunity to formally consider your position on this planning application and should you wish to withdraw that if done so in writing by close of business on Wednesday 9 October 2013 then monies paid to date will be reimbursed otherwise the planning application as lodged will be assessed and determined accordingly and fees will not be reimbursed Notwithstanding the above should you wish to proceed with determination of this planning application as lodged from a preliminary review of the application documentation I advise that the stated Cost of Development of $14 million is considered low for this form of development noting that the development cost should provide for building construction costs fit-out earthworks amp car parking construction costs (noting I did mention this to Graeme on Friday as well) Therefore can you please provide justification as to the stated Cost of Development of $14 million or alternatively provide an amended Cost of Development figure having regard to what should be included in a lsquoCost of Developmentrsquo figure and provide the additional planning fee applicable to the amended Cost of Development figure For information the Shire of Denmark utilises publications such as Reed Construction Datarsquos Cordell or the Rawlinsonrsquos Australian Construction Handbook to determine an appropriate Cost of Development when considering whether appropriate Cost of Development figures have been provided I await your advice as to how you wish to proceed with this planning application accordingly Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Email dpsdenmarkwagovau website wwwdenmarkwagovau Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following - Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601 (attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive) - Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount) - Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are 1 MEMORANDUM OF UNDERSTANDING Between THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire) and NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway Nedlands WA 6009 (Nostrebor) and FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA 6009 (Frenesi) and SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson) RECITALS A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume 1372 Folio 27 (the Land) B The Shire is the Local Government Authority for the district in which the Land is situated and exercises certain functions under the Planning and Development Act 2005 (WA) including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning Scheme (the Town Planning Scheme) C The Developer wishes to develop the Land by constructing a building for mixed residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA) D The Town Planning Scheme amongst other things gives the Shire discretion to determine the appropriate density code that applies to a mixed residential and other development in the commercial zone of the Town Planning Scheme 2 E On 30 July 2013 Graeme Robertson a representative of the Developer presented the Developerrsquos proposal for the development of the land to a meeting comprising all the members of the Shire Council The drawings presented to the meeting form Annexure A to this Memorandum (the Proposal) F The meeting referred to in Recital E resolved that prior to the Shire approving the Proposal the Developer would need to provide evidence to the satisfaction of the Shire that there is demand for the strata units set out in the Proposal G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of the neighbouring property on North Road to purchase that property with a view to extending the development to that property H Before proceeding further with the Proposal the Developer would like an assurance from the Shire that if the Developer can satisfy the Shire that there is demand for the strata units set out in Proposal then the Shire will support the Proposal I The parties enter into this Memorandum to record their common intention OPERATIVE PART It is agreed as follows 1 Upon the execution of this Memorandum the Developer will take reasonable steps to ascertain the level of commercial demand for the strata units set out in the Proposal 2 If there is commercial demand for the strata units the Developer will take reasonable steps to demonstrate to the Shire the level of commercial demand for the strata units 3 If acting reasonably the Shire considers that the evidence provided by the Developer is insufficient the Shire will advise the Developer in writing and explain why the evidence is insufficient and how the deficiency may be addressed 4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal the Shire will advise the Developer in writing and the Developer will lodge with the Shire an application for planning approval for the Proposal 3 5 The Shire undertakes to process the Developerrsquos application for planning approval contemplated by clause 4 in good faith and agrees that it will amongst other things (a) take reasonable steps to ascertain the communityrsquos view of the Proposal (b) apply due process under the Town Planning Scheme and (c) unless there is opposition to the Proposal from a significant proportion of the Denmark Community support the Proposal to the extent that the law permits 6 If the negotiations referred to in Recital G result in the Developer purchasing the neighbouring property the Developer may incorporate the development of the neighbouring property into the Proposal and provided that the development is in keeping with the design shown in the Proposal this Memorandum will apply to the development on the neighbouring property as if it were part of the Proposal 7 A notice required to be given under this Memorandum may be given as follows (a) to the developer c- Graeme Robertson PO Box 114 Denmark Western Australia 6333 (b) to the Shire c- the Chief Executive Officer PO Box 183 Denmark Western Australia 6333 4 Executed by the Parties as an Agreement THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of ) ) ) ) The Shire President Chief Executive Officer EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) Signature of Peter John Robertson Sole Director and Secretary EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act ) ) ) ) ) ) ) ) Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of ) ) ) ) Sven James Robertson Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email Hi Graeme Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc) Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning Trust the above is of assistance to you at this stage in relation to this matter Regards Annette Harbron Director Planning and Sustainability - Shire of Denmark PO Box 183 DENMARK WA 6333 Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985 Email currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or - Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring) middot In relation to an appropriate density coding for this site this is specifically a matter for Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013 middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards Jeff Atkinson From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards Jeff Atkinson ABN 99 150 812 463 37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western Australian environment society and economy Local Governments of Western Australia support the bull Environmental social and economic benefits o change immediately bull Opportunity for Local Government t emonstrate leadership in climate change management at a c munity level bull Development of equitable and implementable State and Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R ADDED by Res 300610 22 June 2010 TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006 P100601 SCHEME AMENDMENT REQUESTS This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation 1 Initial Enquiry Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address 2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget 3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days 1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the application warrants it b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated) c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents Note An applicant who proceeds after being advised as above does so at their own risk and cost 5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR Submissions received during this process shall be summarised and forwarded to Council for further consideration 6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme amendment process f) mechanisms for cost sharing of common cost items such as public open space drainage roads footpaths etc g) any other matters considered relevant to Council 7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed 8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level JUNOS AMENDED by Res 190709 28 July 2009OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
OCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)
Disclaimer This email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
From Claire ThompsonTo Claire ThompsonSubject FW OCR131122823 - FW MoU regarding Strickland Street development (the gables)Date Tuesday 14 January 2014 102042 AMAttachments image005png
image006pngMoU Shire and RobertsonpdfOCR13820713 - Additional Comment from Councillor Strategic Briefing Session in relation to Proposed Mixed Use Development on No 3 (Lot 200) Strickland Street Denmark (A1483)msgCouncil Policy P100601 - Scheme Amendment Requestspdf
From Annette Harbron Sent Monday 11 November 2013 336 PMTo jeffatkinsondenmarklegalcomauCc gjrgroupwncomau Cr Ross Thornton Subject OCR131122823 - FW MoU regarding Strickland Street development (the gables) Jeff Further to your emails to Dale Stewart Chief Executive Officer regarding a proposed MOU in relation to a development proposal on No 3 (Lot 200) Strickland Street Denmark (referred to as ldquoThe Gablesrdquo by the owner) I advise as follows
middot The subject site is zoned ldquoCommercial R25rdquo as per Town Planning Scheme No 3 (TPS No 3) thus any residential development (single house grouped dwelling multiple dwelling) on the site is to be developed as per the R25 density provisions
middot No 3 (Lot 200) Strickland Street has a lot area of 1641m2 thus as per the Residential Design Codes (R-Codes) the maximum permissible number of dwellings on-site is 4 The proposal the subject of the proposed MOU is for 10 dwellings thus does not comply with the applicable R-Coding for the property and therefore is a proposal that cannot be approved by the Shire of Denmark with the current applicable coding ndash noting that Clause 533 of TPS No 3 does not apply to this proposal for there is an applicable residential density coding that relates to the site
middot Should your client wish to pursue the proposal as presented (that is in excess of the four (4) dwellings that are allowable under the current density code) the density coding for the site would need to be amended ndash with options in this regard being as per the following
- Lodge a Scheme Amendment Request to TPS No 3 as per Council Policy P100601
(attached) current fee for a Scheme Amendment Request as per Councilrsquos 201314 Fees amp Charges Schedule is $75000 (GST inclusive)
- Lodge a formal Scheme Amendment to TPS No 3 to alter the density provisions pertaining to your clientrsquos land current application fee for a Scheme Amendment as per Councilrsquos 201314 Fees amp Charges Schedule is $200000 (noting that additional costs may apply in relation to advertising costs and any additional officer time spent on the amendment over and above the application fee amount)
- Lobby Councillors to achieve provisions with Town Planning Scheme No 4 (noting that Council has resolved to prepare this new planning scheme and staff are
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
1
MEMORANDUM OF UNDERSTANDING
Between
THE SHIRE OF DENMARK of 953 South Coast Highway Denmark Western Australia (the Shire)
and
NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) of Currie Wickens Level 1 126 Broadway
Nedlands WA 6009 (Nostrebor)
and
FRENESI PTY LTD (ACN 008 781 520) of Currie Wickens Suite 6 126 Broadway Nedlands WA
6009 (Frenesi)
and
SVEN JAMES ROBERTSON of PO Box 140 Claremont (Robertson)
RECITALS
A Nostrebor Frenesi and Robertson (together referred to in this Memorandum as the
Developer) are the registered proprietors of Land at 3 Strickland Street Denmark more
particularly described as Lot 200 on Deposited Plan 145581 Certificate of Title Volume
1372 Folio 27 (the Land)
B The Shire is the Local Government Authority for the district in which the Land is situated
and exercises certain functions under the Planning and Development Act 2005 (WA)
including in relation to the Shire of Denmark Town Planning Scheme No3 District Zoning
Scheme (the Town Planning Scheme)
C The Developer wishes to develop the Land by constructing a building for mixed
residential and commercial use and subdividing it under the Strata Titles Act 1985 (WA)
D The Town Planning Scheme amongst other things gives the Shire discretion to
determine the appropriate density code that applies to a mixed residential and other
development in the commercial zone of the Town Planning Scheme
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
2
E On 30 July 2013 Graeme Robertson a representative of the Developer presented the
Developerrsquos proposal for the development of the land to a meeting comprising all the
members of the Shire Council The drawings presented to the meeting form Annexure A
to this Memorandum (the Proposal)
F The meeting referred to in Recital E resolved that prior to the Shire approving the
Proposal the Developer would need to provide evidence to the satisfaction of the Shire
that there is demand for the strata units set out in the Proposal
G At the suggestion of a Shire Councillor the Developer is negotiating with the owner of
the neighbouring property on North Road to purchase that property with a view to
extending the development to that property
H Before proceeding further with the Proposal the Developer would like an assurance
from the Shire that if the Developer can satisfy the Shire that there is demand for the
strata units set out in Proposal then the Shire will support the Proposal
I The parties enter into this Memorandum to record their common intention
OPERATIVE PART
It is agreed as follows
1 Upon the execution of this Memorandum the Developer will take reasonable steps to
ascertain the level of commercial demand for the strata units set out in the Proposal
2 If there is commercial demand for the strata units the Developer will take reasonable
steps to demonstrate to the Shire the level of commercial demand for the strata units
3 If acting reasonably the Shire considers that the evidence provided by the Developer is
insufficient the Shire will advise the Developer in writing and explain why the evidence is
insufficient and how the deficiency may be addressed
4 If the Shire is satisfied that there is sufficient demand for the strata units in the Proposal
the Shire will advise the Developer in writing and the Developer will lodge with the Shire
an application for planning approval for the Proposal
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
3
5 The Shire undertakes to process the Developerrsquos application for planning approval
contemplated by clause 4 in good faith and agrees that it will amongst other things
(a) take reasonable steps to ascertain the communityrsquos view of the Proposal
(b) apply due process under the Town Planning Scheme and
(c) unless there is opposition to the Proposal from a significant proportion of the
Denmark Community support the Proposal to the extent that the law permits
6 If the negotiations referred to in Recital G result in the Developer purchasing the
neighbouring property the Developer may incorporate the development of the
neighbouring property into the Proposal and provided that the development is in keeping
with the design shown in the Proposal this Memorandum will apply to the development
on the neighbouring property as if it were part of the Proposal
7 A notice required to be given under this Memorandum may be given as follows
(a) to the developer
c- Graeme Robertson
PO Box 114
Denmark Western Australia 6333
(b) to the Shire
c- the Chief Executive Officer
PO Box 183
Denmark Western Australia 6333
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
4
Executed by the Parties as an Agreement
THE COMMON SEAL of SHIRE OF DENMARK was hereunto affixed by authority of resolution of the Council in the presence of
) ) ) )
The Shire President
Chief Executive Officer
EXECUTED for and on behalf of NOSTREBOR HOLDINGS PTY LTD (ACN 101 455 412) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) )
Signature of Peter John Robertson Sole Director and Secretary
EXECUTED for and on behalf of FRENESI PTY LTD (ACN 008 781 520) by authority of the Directors in accordance with the requirements of s127 of the Corporations Act
) ) ) ) ) ) ) )
Signature of Peter John Robertson Director and Secretary Signature of Graeme James Robertson Director
EXECUTED by SVEN JAMES ROBERTSON of PO Box 140 Claremont Western Australia in the presence of
) ) ) )
Sven James Robertson
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
Hi Graeme
Further to your presentation to Councillors at the Strategic Briefing Session held on 30 July 2013 as you are aware Councillors had a discussion after you left the session and from this Councillor discussion the following additional comment is provided for your due consideration
middot Of the Councillors present at the Briefing there was some debate about whether the bottom floor component of the development should be mandated for retail use
Although there was no consensus as such to this it was clear that regardless of whether it was mandated or not the design of the bottom floor component of the development needed to be designedbuilt as such that the external appearance was as a commercial development and that building design issues relating to compliance with commercial development requirements of the BCA (ie design for disabled access energy rating requirements etc)
Therefore in light of comments from Councillors amp Staff present at the Briefing and the above should you wish to seek EOIrsquos on the proposed development before progressing further this is entirely your call ndash noting that any documentation produced for such purposes needs to clearly reference that is for purposes of seeking indication for development form noting that the Shire of Denmark has not formally considered the proposal and depending on final form the site may require rezoning
Trust the above is of assistance to you at this stage in relation to this matter
Regards
Annette Harbron
Director Planning and Sustainability - Shire of Denmark
PO Box 183 DENMARK WA 6333
Phone (08) 9848 0314 Mobile 0488 330 461 Fax (08) 9848 1985
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
currently working on the draft Scheme text and maps for Councilrsquos consideration in due course) for scheme provisions that will be beneficial to your clientrsquos interests or
- Lodge a submission when Town Planning Scheme No 4 is advertised for public comment should the proposed scheme provisions not be consistent with your clientrsquos intentions for the site (noting that the timeframe for advertising is not known at this stage for once Council adopts a draft document the EPA and WAPC are required to grant consent to advertise prior to such advertising occurring)
middot In relation to an appropriate density coding for this site this is specifically a matter for
Councilrsquos consideration In this regard it is recommended that your client has a meeting with the Shire President and the undersigned in the first instance with a meeting to then be convened with Council in due course specifically in relation to residential development criteria for the CBD area In this regard your client can liaise with me directly to convene such meeting at an appropriate time for all parties
Notwithstanding the above for the recordclarification purposes the following comments are provided in relation to the proposed MOU
middot Point E ndash not all members of the Shire Council were present at the Briefing Session held on 30 July 2013
middot Point F ndash there was no resolution or agreement at the Briefing Session for an MOU for this was not a decision-making meeting
middot Point F ndash your client advised Councillors and Senior Staff present at the Briefing Session that he intended to undertake an Expression of Interest (EOI) process in the first instance to gauge if there was any interest for the proposal before proceeding further For your informationreference attached is an email from the undersigned to your client dated 9 August 2013 referring to the said EOI process that the client proposed
middot Point H ndash demand for units is obviously of interest to Council when considering such a proposal however is not a key planning determination in determining the appropriateness of a development
I trust the above explains the Shirersquos position on this matter and I look forward to hearing from your client in due course to organise the meeting as recommended above Regards
Annette HarbronDirector of Planning amp Sustainability Shire of Denmark PO Box 183 Denmark WA 6333( (08) 9848 0314 Egrave0488 330 461 dpsdenmarkwagovau wwwdenmarkwagovau Please consider the environment before printing this email DisclaimerThis email message and any attached files may contain information that is confidential and subject of legal privilege intended only for use by the individual or entity to whom they are addressed If you are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
delivering the message to the intended recipient be advised that you have received this message in error and that any use copying circulation forwarding printing or publication of this message or attached files is strictly forbidden as is the disclosure of the information contained therein If you have received this message in error please notify the sender immediately and delete it from your Inbox The views expressed in this email are those of the author and do not represent those of the Shire of Denmark unless this is clearly indicated You should scan this email and any attachments for viruses The Shire of Denmark accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 125 PMTo Dale StewartSubject FW MoU regarding Strickland Street development (the gables) Dale Sorry this is the email with attachments I accidentally sent to Justine My apologies Kind Regards
Jeff Atkinson
From Jeff Atkinson [mailtojeffatkinsondenmarklegalcomau] Sent Friday 18 October 2013 1256 PMTo ceodenmarkcomauCc gjrgroupwncomauSubject MoU regarding Strickland Street development (the gables) Dear Dale I act for Graeme Robertson in relation to the proposed development at the North end of Strickland Street to be known as ldquothe Gablesrdquo I am instructed that the Shire President has requested my client to forward to the Shire a memorandum of understanding reflecting what was discussed at the briefing session on 30 July 2013 Please find enclosed the requested document Is this acceptable to the Shire My client proposes this be discussed and signed at a further briefing session that I understand has been planned I would be grateful if you could let my client know when the Shire can schedule a further briefing session Kind Regards
Jeff Atkinson
ABN 99 150 812 463
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
37 Strickland StreetDENMARK WA 6333P (08) 9848 3908F (08) 9848 1018M 0431 211 887E jeffatkinsondenmarklegalcomau
This email may contain confidential and privileged information If you are not the intended recipient you must not disclose or use the information contained in it
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
Local Governments of Western Australia acknowledge that bull Evidence shows that human induced climate change is occurring bull Climate change will have significant effects on the Western
Australian environment society and economy
Local Governments of Western Australia support the bull Environmental social and economic benefits o
change immediately bull Opportunity for Local Government t emonstrate leadership in
climate change management at a c munity level bull Development of equitable and implementable State and
Commonwealth strategies climate change management including but not solely comprmiddot a of a well designed Emissions Trading Scheme
Local Governments Western Australia commit from da f signing to bull Set an individual Local emissions
reduct target and work towards its a bull Wo with State and Federal Gover ent to ensure achievement of
enhouse gas emission reduc middot n targets as set out in international (Kyoto Protocol) agreement Work with State and F eral Government to implement key actions and activities for cl ate change management at a local level
bull Assess the Loe overnment specific risks associated middot climate change and middot plications for services and functio to community and iden middot y areas where additional mitigat andor adaptation strate middot s could be applied
bull Dev op an internal Climate Change ion Plan (CCAP) for climate c nge adaptation across all Lo Government functions with a ocus on the two five and ten ar future
Ensure that at appropriat eview intervals the strategic plan and policies for the Local overnment are reviewed and amende o reflect climate ch ge management priorities and e middot ssions reduction targets
bull Encourage an mpower the local community an cal businesses to adapt t the impacts of climate change d to reduce their individ greenhouse gas emissions
bull Monitor the progress of climate chan mitiatives and report to the Western Australia Local G t Association Climate Change and Sustainability Annual R
ADDED by Res 300610 22 June 2010
TOWN PLANNING amp REGIONAL DEVELOPMENT - 1006
P100601 SCHEME AMENDMENT REQUESTS
This policy has been established to allow proponents to gain an indication of support or otherwise from Council prior to going to the expense of preparing formal and detailed Town Planning Scheme amendment documents middot This process is used to determine if there are any specific issues that will need addressing in the formal amendment documentation
1 Initial Enquiry
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
Once a written enquiry is received a letter will be forwarded to the enquirer advising whether or not the proponent should prepare Scheme Amendment Request (SAR) report and what the request should contain address
2 Scheme Amendment Request SAR document to be a maximum of 6 A4 pages and address specifically strategic issues and not detailed site analysis The following are to be addressed in the SAR
existing and proposed zonings impacts of structure plans and strategic documents on site and proposed zoning the proposed method of integration of development on the site with adjoining lots any precedent set by the proposed zoning services available to the lot(s) any special outcomes proposed to be introduced through the rezoning process
A fee is payable prior to the SAR being assessed Such fee will be set in the Schedule of Fees and Charges in Councils Annual Budget
3 Referral of SAR to DPI and DOE Once received the SAR will be ref erred to the Department for Planning and Infrastructure (DPI) and the Department of Environment (DOE) for comments Both Departments will provide their responses on the SAR within 28 days
1 SAR Submitted to Council The applicants SAR is to be submitted with an officers report and recommendation to Council for consideration Potential outcomes are a) Council decides to seek community feedback on the SAR if the
application warrants it
b) Council agrees to the SAR to allow further detailed documentation of the proposal and a subsequent assessment process to initiate the scheme amendment (Note detailed documentation may identify unresolvable issues not known on initial SAR and as such the amendment may not be initiated)
c) Council considers the proposal to be unacceptable and advises proponent that it would be unlikely to support a request to initiate a scheme amendment
d) Council may acknowledge there is potential for the land to be rezoned but advise the applicant that the proposal is premature until Council has agreed to and the Western Australian Planning Commission has endorsed a suitable structure plan for the locality to co-ordinate and integrate development in accordance with adopted strategic documents
Note An applicant who proceeds after being advised as above does so at their own risk and cost
5 Community Feedback A decision of Council as per 4(a) above to seek community feedback on the SAR shall be in the form of a letter to adjoining landowners and
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
relevant agencies a sign on site plus an advertisement in the local press asking for feedback on the SAR
Submissions received during this process shall be summarised and forwarded to Council for further consideration
6 Response to Applicant A decision to allow the applicant to proceed with further documentation as per 4(b) above will be transmitted in a letter from Council and will detail such matters as a) policy issues to be addressed in the amending report b) environmental issues c) servicing issues (eg full testing of groundwater tables prior to
document lodgement) and the provision of a fire management plan d) design requirements on subsequent development e) developer commitments required by Council from scheme
amendment process f) mechanisms for cost sharing of common cost items such as public
open space drainage roads footpaths etc g) any other matters considered relevant to Council
7 Scheme Amending Documents The Council required number of draft scheme amending documents will be submitted with the appropriate fees and a formal request to initiate a scheme amendment The format of the documents must meet the standards set in the Town Planning Regulations
Council staff shall review the documents and make recommendations on potential changes I modifications acknowledging that the amendment becomes a Council document once initiated Staff shall prepare a report to Council on the scheme amendment
Council may decide to initiate decline to initiate or require modifications prior to initiating the amendment
The procedures for Scheme Amendments as laid down in the Town Planning Regulations will then be followed
8 Compliance with Local Planning Policies amp Bush Fire Risk Assessment When submitting Scheme Amendment documents applicants are required to demonstrate compliance with all relevant Local Planning Policies and submit a Bush Fire Risk Assessment The Risk Assessment should outline Predominant Vegetation Types Class and Characteristics Bush Fire Hazard Assessment Hazard Levels (including consideration to Fire Hazard in Relation to Slope) and how a Low Fire Hazard Level in relation to distance of future residential sites from predominant vegetation (using Planning for Bush Fire Protection guidelines) can be achieved on the majority of lots in development and what building or site modifications would be required to achieve a Medium Fire Hazard Level on the remainder of the lots in the development Council will not accept a Bush Fire Risk Assessment that requires Council to accept responsibility for maintaining strategic fire access routes or fuel reduction measures on its land to achieve the required Fire Hazard Level
JUNOS AMENDED by Res 190709 28 July 2009
Recommended