20120925 Statutory Planning Committee Minutes abridged

Statutory Planning Committee Minutes of ordinary meeting 7468 held on Tuesday 25 September 2012

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Attendance

Members Mayor Carol Adams Local Government representative Mr Henty Farrar Regional Minister’s nominee Mr Ian Holloway Professional representative Ms Elizabeth Taylor Community representative (Presiding Member) Officers Department of Planning Ms Kylie Beach Senior Planning Officer Independent Planning Reviewer Mr David Carter Senior Planning Officer Independent Planning Reviewer Ms Natalie Cox Senior Planning Officer Independent Planning Reviewer Ms Noelene Jennings Executive Director, Governance and People Services Ms Rachel Riley Senior Planning Officer Regional Planning and Strategy Ms Rochelle Van Santen Senior Planning Officer Regional Planning and Strategy Mr Simon Wilkes Senior Planning Officer Corporate Services Presenters Mr Lee Bell Office of the Member for Fremantle (Item 6.1) Ms Natacha Hammond Office of the Member for Fremantle (Item 6.1) Mr David Hawkes Fremantle Society (Item 6.2) Mr Roel Loopers Fremantle Society (Item 6.2) Mr Brett Cammell City of Fremantle (Item 6.3) Mr Paul Garbett City of Fremantle (Item 6.3) Cr Andrew Sullivan Chair of Planning Committee City of Fremantle (Item 6.3) Mr Ed Turner Turner Master Planners Australia (Item 6.4) Mr Neil Teo Dynamic Planning and Developments (Item 6.5) Committee Support Ms Christina Sanders Committee Support Officer - Department of Planning 7468.1 Declaration of Opening

Due to the absence of the Presiding Member and in accordance with clause 3.6 of the Standing Orders 2009, a member was chosen to preside over the meeting.

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Mayor Adams nominated Ms Elizabeth Taylor. Ms Taylor accepted the nomination. Resolved

Moved by Mayor Adams, seconded by Mr Farrar That Ms Taylor preside over the meeting of the Statutory

Planning Committee in the absence of the Presiding Member.

The motion was put and carried. The Presiding Member declared the meeting open at 9.04 am, acknowledged

the traditional owners and custodians of the land on which the meeting is taking place and welcomed Members.

7468.2 Apologies

Mr Gary Prattley WAPC Chairman 7468.3 Members on Leave of Absence and Applications for Leave of Absence

Ms Sue Burrows has previously submitted an application for a leave of absence for the Statutory Planning Committee meetings scheduled for 11 September, 25 September and 9 October 2012.

7468.4 Disclosure of Interests

Member/Officer Minute No. Page No. Nature of Interest Elizabeth Taylor 9.4 7 Impartiality Elizabeth Taylor 9.1 5/6 Impartiality Carol Adams 9.2 6/7 Impartiality Henty Farrar 10.2 15/16 Impartiality Item 9.4 Shire of Kalamunda Local Planning Strategy had been withdrawn

prior to the meeting due to a lack of quorum for this item. Ms Taylor declared an impartiality interest for Item 9.1 as she chairs the

Perth Airport Community Aviation Consultation Group. Resolved

Moved by Mr Farrar, seconded by Mr Holloway In accordance with clause 6.10(7) of the Standing Orders

2009, members of the Statutory Planning Committee agree that Ms Taylor, who has disclosed an impartiality interest is

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permitted to participate in discussion and voting on Item 9.1 Shire of Dandaragan Local Planning Scheme as the interest is insignificant and is unlikely to influence Ms Taylor’s conduct in relation to the matter.

The motion was put and carried. Mayor Adams declared an impartiality interest for Item 9.2 as she is a

member of the Kwinana Development Assessment Panel. Resolved

Moved by Mr Holloway, seconded by Mr Farrar In accordance with clause 6.10(7) of the Standing Orders 2009,

members of the Statutory Planning Committee agree that Mayor Adams, who has disclosed an impartiality interest, is permitted to participate in discussion and voting on Item 9.2 Western Australian Planning Commission Dual (Local Government and WAPC) Development Applications Determined by Development Assessment Panels 2011-2012 as the interest is insignificant and is unlikely to influence Mayor Adams’ conduct in relation to the matter.

The motion was put and carried. Mr Farrar declared an impartiality interest for Item 10.2 as he is a member of

an organisation that has made a submission to the Fremantle Council opposing the TPS Amendment.

Resolved

Moved by Mr Holloway, seconded by Mayor Adams In accordance with clause 6.10(7) of the Standing Orders 2009,

members of the Statutory Planning Committee agree that Mr Farrar, who has disclosed an impartiality interest, is permitted to participate in discussion but not vote on Item 10.2 City of Fremantle Local Planning Scheme Amendment No. 49 as there may be a perception of bias. Therefore, due to a loss of quorum, Item 10.2 will be voted on out of session.

The motion was put and carried.

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7468.5 Declaration of Due Consideration

No declarations were made. 7468.6 Deputations and Presentations

7468.6.1 Fremantle Local Planning Scheme Amendment 49 Presenters Mr Lee Bell Ms Natacha Hammond Ms Hammond gave a powerpoint presentation on the

Fremantle Local Planning Scheme Amendment and answered questions from members.

She noted that the Member for Fremantle, on behalf of her

constituents, accepted that revitalisation of Fremantle is needed, but requested a staged approach concentrating on only four of the proposed 17 sites.

A copy of the presentation has been placed on file. 7468.6.2 Fremantle Local Planning Scheme Amendment 49 Presenters Mr Roel Loopers Mr David Hawkes Messrs Loopers and Hawkes gave a presentation on the

Fremantle Local Planning Scheme Amendment 49 highlighting concerns about the bulk and scale of the proposed building. They also requested a staged approach concentrating on only six of the proposed sites.

7468.6.3 Fremantle Local Planning Scheme Amendment 49 Presenters Mr Brett Cammell Cr Andrew Sullivan Mr Paul Garbett Cr Sullivan gave a presentation on the Fremantle Local

Planning Scheme Amendment 49 and explained the background, processes, the need for the Amendment and heritage issues and answered members’ questions.

7468.6.4 Shire of Dandaragan Local Planning Scheme Presenter Mr Ed Turner Mr Turner gave a powerpoint presentation on the Shire of

Dandaragan Local Planning Scheme outlining his concern regarding the delays on the project of the Airport Training Facility which included a residential component .

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Mr Turner had also provided additional documentation of a

historical nature which was forwarded to members prior to the meeting.

Copies of the presentation and documentation have been

placed on file. 7468.6.5 City of Gosnells Town Planning Scheme Amendment

No. 116 Presenter Mr Neil Teo Mr Teo gave a powerpoint presentation in support of the

City of Gosnells Town Planning Scheme Amendment No. 116, in particular, supporting the merits of recoding the subject site from residential R20/R30 to residential R20/R60.

A copy of the presentation has been placed on file. 7468.7 Announcements by the Chairperson of the Board and communication

from the WAPC

Nil. 7468.8 Confirmation of Minutes

7468.8.1 Minutes of the Statutory Planning Committee meeting held on 11 September 2012

Resolved

Moved by Mr Farrar, seconded by Mayor Adams That the minutes of the Statutory Planning

Committee meeting held on 11 September 2012, be confirmed as a true and correct record of the proceedings.


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7468.9 Reports

7468.9.1 Shire of Dandaragan Local Planning Strategy (Rural Land Use and Rural Settlement) For Final Approval

File DP/09/00623/1 Report Number SPC/252 Agenda Part Executive Director, Regional Planning

and Strategy Reporting Officer Senior Planning Officer, Wheatbelt

Region Ms Taylor disclosed an interest. Member Nature of Interest Ms Taylor Impartiality Resolved

Moved by Mayor Adams, seconded by Mr Holloway That the Western Australian Planning

Commission resolves to: 1. endorse the Shire of Dandaragan Local

Planning Strategy (Rural Land Use and Rural Settlement) in accordance with the Town Planning Regulations 1967 (as amended), subject to the modifications outlined in the attached schedule being carried out;

2. request the Shire of Dandaragan to include a

review of the additional potential rural living sites in an expanded study area for the Coastal Strategy, which the Shire is currently undertaking.

The motion was put and carried. 7468.9.2 Western Australian Planning Commission and Dual

(Local Government and WAPC) Development Applications Determined by Development Assessment Panels 2011-2012

File DP/11/00923 Report Number SPC/253 Agenda Part A Reporting Officer Manager Committee Support Mayor Adams disclosed an interest.

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Member Nature of Interest Mayor Adams Impartiality Resolved

Moved by Mr Holloway, seconded by Mr Farrar That the Western Australian Planning

Commission (WAPC) resolves to: 1. note the attached WAPC and dual (Local

Government and WAPC) applications determined by the Development Assessment Panels (DAPs) for the period 1 July 2011 to 30 June 2012;

2. request that the DAP Secretariat prepare a

bi-annual report to the SPC on WAPC and dual (Local Government and WAPC) development applications determined by DAPs.

The motion was put and carried. 7468.9.3 Shires of Beverley and Brookton Local Planning

Strategy – Consent To Advertise File DP/11/00145/1 Report Number SPC/254 Agenda Part E Reporting Officer Manager, Wheatbelt Region Resolved

Moved by Mr Holloway, seconded by Mayor Adams The Western Australian Planning Commission

resolves to certify that the Beverley-Brookton local planning strategy is consistent with regulation 12A(3) of the Town Planning Regulations,1967 (as amended) and should be advertised for not less than 21 days, subject to the attached schedule of modifications.


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7468.9.4 Shire of Kalamunda Local Planning Strategy Request For Final Endorsement

File DP/11/02692/1 Report Number SPC/255 Agenda Part D Reporting Officer Manager, Schemes, Strategies and

Amendments. Ms Taylor disclosed an interest. Member Nature of Interest Ms Taylor Impartiality This item had been withdrawn prior to the meeting due to a

lack of quorum for this item. 7468.9.5 Subdivision to Create 2 Lots: Lot 420 on Deposited Plan

50652, Boddington File 145317 Report Number SPC/256 Agenda Part G Reporting Officer Planning Manager

Peel Planning, Perth and Peel Planning Mr Farrar noted that there are references in the report, to

the Department of Environment and Conservation acquiring land, whereas it is State Lands that acquires land. He asked that this be drawn to the attention of the report writers and amended.

Resolved

Moved by Mayor Adams, seconded by Mr Holloway That the Western Australian Planning

Commission resolves to approve the application for subdivision of Lot 420 on Deposited Plan 50652, Boddington as shown on the plan date-stamped 08 December 2011. This decision is valid for three years subject to the following condition(s) and advice: 1. Arrangements being made to the satisfaction

of the Western Australian Planning Commission for Newmont Boddington Pty Ltd, to facilitate the transfer of proposed Lot 351 to the Department of Environment and Conservation (in the name of the State of Western Australia) to meet the commitments

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of Ministerial Statement 591 dated 8 May 2002. (Department of Environment and Conservation)

2. The applicant/owner entering into a Deed of Easement with and to the satisfaction of the Western Australian Planning Commission to ensure a right of access for proposed Lot 352 from Lot 10 Gold Mine Road and that such easement being shown on a Plan or Diagram of Survey pursuant to section 136C of the Transfer of Land Act 1983.

ADVICE: 1. The applicant is advised that in respect to the

Deed of Easement required under Condition 2, the Shire of Boddington will need to be registered on the Diagram or Plan of Survey as a benefiting local authority, pursuant to section 136C(5)(b) of the Transfer of Land Act 1893.

The motion was put and carried. Moved to Item 10.1. 7468.9.6 Subdivision to Create 117 Lots for Residential Purpose

And 3 Lots for Public Open Space: Lot 9099 Mandurah Road, Lakelands

File 146312 Report Number SPC/257 Agenda Part G Reporting Officer Planning Manager, Peel Region Resolved

Moved by Mr Holloway, seconded by Mayor Adams That the Western Australian Planning

Commission resolves to approve the application for subdivision of Lot 9099 Mandurah Road, Lakelands. This decision is valid for four years subject to the following conditions and advice: CONDITIONS: 1. The portion of Lake Valley Drive west of

and adjacent to the neighbourhood centre

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and community purpose site shall be designed to incorporate traffic calming measures to the specification of the City of Mandurah and satisfaction of the Western Australian Planning Commission. (Local Government)

2. Those lots not fronting an existing road

being provided with frontage to a constructed road(s) connected by a constructed road(s) to the local road system and such road(s) being constructed and drained at the applicant/owner's cost. As an alternative the WAPC is prepared to accept the applicant/owner paying to the local government the cost of such road works as estimated by the local government subject to the local government providing formal assurance to the WAPC confirming that the works will be completed within a reasonable period as agreed by the WAPC. (Local Government)

3. The cul-de-sac heads being designed and

constructed to the satisfaction of the local government. (Local Government)

4. Embayment parking bays being designed

and constructed as illustrated on the approved plan of subdivision, to the specifications of the City of Mandurah, and to the satisfaction of the Western Australian Planning Commission. (Local Government)

5. A detailed plan demonstrating dual use

path/cycleway design to the specifications of the local government is to be submitted and approved prior to the commencement of site works. (Local Government)

6. The dual use path/cycleway as shown on

the approved dual use path/cycleway plan being constructed by the applicant/owner. (Local Government)

7. Detailed Area Plans are to be prepared and

approved for the lots abutting lane ways or directly abutting public open space. (Local Government)

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8. The proposed reserves shown on the

approved plan of subdivision being shown on the Deposited Plan as a "Reserve for Recreation" and vested in the Crown under section 152 of the Planning and Development Act, such land to be ceded free of cost and without any payment of compensation by the Crown.

9. The land being graded and stabilised.

(Local Government)

10. The land being filled and/or drained. (Local Government)

11. The applicant/owner is to provide a

geotechnical report certifying that the land is physically capable of development prior to the commencement of subdivision works. (Local Government)

12. The applicant providing a geotechnical

report certifying that any filling or backfilling has been adequately compacted. (Local Government)

13. The applicant is to prepare and implement

a Public Open Space Management Plan to the satisfaction of the Western Australian Planning Commission. (Local Government)

14. An integrated urban water management

plan is to be prepared and implemented as part of the subdivisional works. (Local Government)

15. Measures being taken to ensure the

identification and protection of any vegetation on the site worthy of retention prior to commencement of site works. (Local Government)

16. A Notification, pursuant to section 165 of

the Planning and Development Act is to be placed on the Certificates of Title of the proposed lots advising of the existence of a hazard or other factor. Notice of this notification is to be included on the

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Deposited Plan. The notification to state as follows:

"This lot is in close proximity to known mosquito breeding areas. The predominant mosquito species is known to carry Ross River Virus and other diseases."

17. Suitable arrangements being made with the

Water Corporation so that provision of a suitable water supply service will be available to lots shown on the approved plan of subdivision. (Water Corporation)

18. Suitable arrangements being made with the

Water Corporation so that provision of a sewerage service will be available to the lots shown on the approved plan of subdivision. (Water Corporation)

19. Arrangements being made to the

satisfaction of the Western Australian Planning Commission and to the specification of Western Power for the provision of an underground electricity supply service to the lots shown on the approved plan of subdivision. (Western Power)


satisfaction of the Western Australian Planning Commission and to the specification of Western Power for the provision of suitable easements under the Energy Operators (Powers) Act 1979 for existing and/or future transmission (≥33,000 Volt) electricity network infrastructure. (Western Power)


satisfaction of the Western Australian Planning Commission and to the specification of Western Power for the removal, relocation and/or replacement of electricity supply infrastructure, including plant and/or equipment located on or near the lots shown on the approved plan. (Western Power)

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22. The transfer of land as a Crown Reserve, free of cost to the Western Power Corporation for the provision of electricity supply infrastructure. (Western Power)

ADVICE: 1. With regard to Condition 2, the design of

Lake Valley Drive is required to incorporate a central median with a width of three metres.

2. With regard to Condition 3, the cul-de-sac design is required to address all relevant matters, including paving, manoeuvring spaces, lighting, fencing, planting and crossover location.

3. With regard to Condition 5, the detailed

plan is to address all relevant matters, including paving, manoeuvring spaces, lighting, and crossover location.

4. With regard to Condition 19, Western

Power provides only one point of electricity supply per freehold (green title) lot and requires that any existing overhead consumer service is required to be converted to underground.

5. If an existing aerial electricity cable

servicing the land the subject of this approval crosses over a proposed lot boundary as denoted on the approved plan of subdivision satisfactory arrangements will need to be made for the removal and relocation of that cable.

6. The purpose of Condition 20 is to ensure

that any existing or proposed development does not interfere with any existing and/or proposed Western Power assets. The applicant is advised to contact Western Power for further information and advice regarding easement requirements. All costs associated with the registration of easements are to be borne by the applicant.

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7. With regard to Condition 22 the specific location and area of land required is to be to the satisfaction of the WAPC on the advice of the local government and Western Power.

8. The applicant is advised that the

Department of Environment and Conservation has prepared dust control guidelines for development sites, which inter alia, outline the procedures for the preparation of Dust Management Plans for development sites. Further information on the guidelines can be obtained from the Department of Environment and Conservation.

9. The applicant is advised to liaise with the

City of Mandurah regarding their subdivision management procedures which will include fauna inspections.

The motion was put and carried. Moved to Item 10.3. 7468.10 Confidential Items

7468.10.1 City of Gosnells - Town Planning Scheme No.6 Amendment No.116 - For Final Approval

File TPS/0713 Report Number SPC/258 Agenda Part B Reporting Officer A/Planning Manager - Schemes,

Strategies and Amendments THIS ITEM IS CONFIDENTIAL

7468.10.2 City of Fremantle - Local Planning Scheme Amendment

No.49 - For Final Approval. File TPS/0710/3 Report Number SPC/259 Agenda Part B Reporting Officer A/Planning Manager - Schemes and

Amendments Mr Farrar declared an interest.

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Member Nature of Interest Henty Farrar Impartiality THIS ITEM IS CONFIDENTIAL Moved to Item 9.6. 7468.10.3 Reconsideration of Condition 2 to Subdivision Approval

Issued for Lot 502 Great Northern Highway, Port Hedland.

File 145294 Report Number SPC/260 Agenda Part G Reporting Officer Planning Manager- Pilbara, Northern

Regions THIS ITEM IS CONFIDENTIAL 7468.11 General Business

Nil. 7468.12 Items for Consideration at a Future Meeting

Item No Report Request Report Required by

7648.9.4 Kalamunda LPS To defer this item until there is a quorum.

TBA

7648.10.2 City of Fremantle

LPS To forward to officers for clarification and deal with this item out of session.

TBA

7648.10.3 Reconsideration

of Condition 2 to Subdivision Approval Issued for Lot 502 Great Northern Highway, Port Hedland.

To forward to officers for clarification and deal with this item out of session.

TBA

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7468.13 Closure

The next ordinary meeting is scheduled for 9.00 am on Tuesday 9 October 2012.

There being no further business before the Committee, the Presiding Member thanked members for their attendance and declared the meeting closed at 11.36 am. PRESIDING MEMBER_________________________________________________ DATE _________________________________________________________

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Documents

20120925 Statutory Planning Committee Minutes abridged