13 August 2020

Our Ref: BOR NEE AP

Town Planners, Advocates and Subdivision DesignersABN 24 044 036 646

The SecretaryWestern Australian Planning Commission

Gordon Stephenson House

140 William StreetPERTH WA 6000

Dear Sir

RE: PROPOSED SUBDIVISION OF LOT 902 FLYNN DRIVE, NEERABUP

Please find attached our application for the proposed subdivision of Lot 902 Flynn Drive, Neerabup(Subject Site or Site). This letter pro ides consideration of the main issues relevant to the proposal.

Summary of Proposal

The Subject Site is 22.063 ha in area and is owned by ten landowners as tenants in common in equal

shares. A completed and signed subdivision application form, Form 1A is included as Attachment 1.

The subject site has frontage and access from Flynn Dri e.

It is proposed to subdivide Lot 902 into two lots comprising:

• 1 lot of approximately 14 hectares configured as a small Superlot to accommodate future

Industrial subdi ision and de elopment consistent with its Industrial zoning under theMetropolitan Region Scheme (MRS); and,

• 1 lot of approximately 8 hectares to be ceded free of the cost to the Crown as part of aNegotiated Planning Solution (NPS) associated with the land s identification under BushForever.

Subdivision Plans depicting the proposed subdivision layout are included as Attachment 2.

The subdivision will facilitate the ceding of a portion of Lot 902 to the Crown as part of the NegotiatedPlanning Solution which was approved by the Western Australian Planning Commission (WAPC) on 30October 2019 (Refer Attachment 3).

As part of the subdi ision works under this application, we seek to include both the clearing,earthwork and levelling of the proposed Superlot to accommodate finished levels for future industrialdevelopment to take place. These are included on the proposed subdivision plan, and an indicative

future subdivision layout is also separately included for reference (refer to Attachment 2.

125 Hamersley Road Subiaco Western Australia 6008Telephone (08) 9382 3000 Facsimile (08) 9382 3005

ABN 24 044 036 646

Attachment 4

Hfflffll, llerding2S92DD' ssociates

As part of the sequential use of the land, it is also and separately proposed to extract the underlyingsand resource, which is recognised for its importance under the State s Basic Raw Material Policy

(BRM) as a Priority Resource Area. This will occur via separate development application post thesubdivision approval of the land.

Both lots will have constructed road frontage to Flynn Drive.

Background

The subject site was identified as Bush Forever in the State Government s publication Bush Forever2000. The portion of land which now comprises Lot 902 was identified as part of Bush Forever area295 and marked as - Strategic Negotiated Planning Solutions in Map Series 21 in Volume 1 of BushForever.

Ne otiated Plannin Solution

The State Government s publication Bush Forever 2000 describes a Negotiated Planning Solution ( PS)in the following terms:

Innovative planning solutions and negotiations involving non statutory and statutory planningmechanisms and possibly involving a suite of other mechanisms, such as density trade-offs and

land exchanges.

In line with the designation of the subject site as Strategic, Negotiated Planning Solutions withinBush forever Site 295, a Negotiated Planning Solution was submitted to Government for Lot 902 inMarch 2013.

By way of summary, the basis of the NPS was outlined generally as follows:

1. Aerial photography clearly depicted that the land subject to Bush Forever was formerlycleared land and the current bush regrowth;

2. The land had been identified for a long period of time for industrial development;3. In respect of the environmental significance of the land, further investigation since its

designation for Bush Forever purposes revealed as follows;

a. The status of Hylaeus Globuliferus (Native Bee) has been downgraded with respect toits rarity and consequently is removed as a basis for the site's inclusion;

b. There were no wetlands included on the site as asserted in the original Bush Forever

document;c. There was no constraint as to how a negotiated planning solution could be formed

because the vegetation on the site was uniform.

4. Plans by the Government had highlighted not only the importance of the sand resource onthe site, but also the need for industrial development in the north-west corridor to

accommodate future development and employment targets.

The NPS sought to:

1. Identify the most significant parts of the site for securing the most efficient way of extractingthe sand resource whilst providing an appropriate interface between future industrialdevelopment and the Bush Forever components;

2. For the portion of the land identified for preservation, that land would be ceded free of costto the Crown (representing approximately 8 hectares and 36% of the land);

BOR NEE AP/APPLICATION FOR SUBDIVISION Page 2

jHWg llerdingnSSm .ssociates

3. The portion of land subject to excavation would be remediated and recontoured to facilitatefuture industrial subdivision and development.

The NFS represented a balanced outcome which catered for the interests of the broader policyframework in that it provided for the utilisation of the priority sand resource for the benefit of planneddevelopment areas, provision of employment land to accommodate the continued employment

growth in the North-West Corridor and retained significant vegetation in a consolidated mannerconsistent with the NFS under Bush Forever.

The NFS as presented in 2013 is the same FS that was supported by the WAPC in its meeting ofOctober 2019.

Significance of the Sand Resource

The significance of the sand resource was outlined in the NFS submission to the Government. It clearlyrecognised the site as a Priority Resource Area for the purposes of DPLH s Basic Raw Materials Policy.The potential sand resource available is 3.4 million m3.

Since that time, the Government has released its Perth and Peel at 3.5 Million in March 2018 andMetroNet. These strategic policy documents highlight and reiterate the significance of basic rawmaterials and the need to facilitate enough sand resources (and industrial land) to accommodate theincreasing population and employment growth anticipated for the Perth Metropolitan Region. Ofparticular relevance for the sand resource is the quality of the sand in this instance. As noted in the

attached submission by Lindsay Stephens (Attachment 4), the sand resource represents anexceptionally high-quality supply expressly used for plastering and brickies sand that is otherwise inshort supply.

The advice from Lindsay Stephens is clear that the current site represents the most significant site thatis available for this resource currently identified in the north metropolitan area and the loss of theresource will have implications for construction costs and availability.

Environmental Report

A Level 2 Flora Study was undertaken at the subject site during 2018-2019 to inform the partialremoval of the Bush Forever listing as part of the Negotiated Planning Solution for the Site. Level 1reconnaissance flora and fauna surveys were undertaken by Natural Area in 2018, with the 2019 spring

survey being more detailed. The final Flora Study report is included as Attachment 5.

The survey results were summarised as follows:

While Lot 902 supports a diverse array of flora and is largely in Excellent condition, there is anabsence of declared rare and/or priority listed (conservation significant) flora species. Thelimited presence of conservation significant fauna species suggests that the vegetation withinLot 902 is not a preferred feeding, roosting, or nesting location for endangered bird species. Itis also likely the bandicoots present on site are a small population due to the small size of thesite and the absence of habitat in wetter areas on in proximity to watercourses. Lot 902 is

close to several large remnant bushland areas, suggesting that its importance as an ecological

linkage is also limited. The presence of the threatened ecological community BanksiaWoodlands on the Swan Coastal Plain onsite exceeds current guidelines for significance underthe EPBCAct 1999 (Cwealth) (DSEWPaC, 2012).

BOR NEE AP/APPLICATION FOR SUBDIVISION Page 3

The Negotiated Planning Solution was approved by the WAPC at its meeting of October 2019.

otably, the survey results indicate that;

• There is limited presence of endangered bird species suggesting that it is not a preferredfeeding, roosting or nesting location for these bird species.

• There are additional and alternative bushland areas close by which provide additionalecological linkages.

Notwithstanding, the balance lot of 8ha will remain as Bush Forever and will provide an ecologicallinkage This aligns with the intent of the original classification of the site as Bush Forever - StrategicNegotiated Planning Solution, despite the fact that the vegetated land to the south has been reducedsince 2000 when Bush Forever was adopted.

It is acknowledged that the Applicant will need to separately deal with any matters associated withthe EPBC Act independently with the Commonwealth Government.

Consideration of Proposal against Planning Framework

Metropolitan Region Scheme Zoning

The Site is zoned Industrial under the Metropolitan Region Scheme (MRS) with an overlay as BushForever. The proposed subdivision is consistent with the MRS identification for Industrial purposesand consistent with Bush Forever, as part of the agreed NPS with which responsibility has beendelegated to the WAPC by Government.

City of Wanneroo Town Planning Scheme No. 2

The Site is zoned Industrial Development under the City of Wanneroo s Town Planning Scheme No. 2

(TPS2). Clause 3.14.2 of TPS2 lists the Objectives of the Urban Development zone as:

3.15.2 The objectives of the Industrial Development Zone are to:

a) designate land for future industrial development;

b) provide for the orderly and comprehensive planning and development of large areasof industrial land for industrial and employment purposes;

c) enable planning to be flexible and responsive to changing circumstances throughoutthe developmental stages of the area.

The Subject Site is located at the eastern end of the Industrial zoned land under the MRS. It comprisesregional reservation to the North, Rural land to the east (Wanneroo Golf Course) Flynn Drive to thesouth and Industrial land to the west (currently sand excavation). Approval to the subdivision doesnot have any prejudicial effect on the development or subdivision of other land in the locality, notingthe WAPC has supported subdivision of Industrial parcels to the West previously. It will however helpfacilitate improved sand extraction by minimising the requirements for battering between lots as sandextraction continues eastwards.

State Planning Policy 2.4 Basic Raw Materials

BOR NEE AP/APPLICATION FOR SUBDIVISION Page 4

State Planning Policy 2.4 - Basic Raw Materials was gazetted in 2010 and identifies Lot 902 as lyingwithin a Priority Resource Location which is defined as:

Priority Resource Locations. These are the locations of regionally significant resources whichshould be recognised for future basic raw materials extraction and not be constrained byincompatible uses or develo ment.

Significant quantities of Caramar sands, a geologically unique resource especially suited to theconstruction industry are centred within the Subject Site. The sand is a very high-grade sand that isrecognised as a priority resource on the subject site has an estimated olume of approximately 3.4million m3.

Draft State Planning Polic 2.4 - Basic Raw Materials Policy (2018)

The Draft State Planning Policy 2.4 - Basic Raw Materials Policy (Draft SPP2.4) was advertised forpublic consultation in late 2018 and is intended replace the current SPP2.4. The intent of this policy isto enable the responsible extraction of Basic Raw Materials (BRM) while ensuring the protection ofpeople and the environment. Notably, one of its objectives is to:

(d) support the efficient and sustainable use of BRM by ensuring land use planning and zoningdecisions are cognisant of likely requirements for BRM in site preparation and construction

recognising that BRM are finite resources;

Figure 1 below provides an extract DPLH s PlanWA s designation of the Subject Site under DraftSPP2.4. Within the Policy the Site is classified as an Extraction Site. Specifically, the portion of theSite to be ceded to the Crown is classified as an SSP2.4 exclusion area while the balance portion isclassified as a Site external to significant geological supplies .

Figure 1: Draft SPP2.4 mappin for subject site.

BOR NEE AP/APPLICATION FOR SUBDIVISION Pages

It is notable that the proposed subdi ision is entirely consistent with the boundary under Draft SPP2.4which reflects the Negotiated Planning Solution.

The alignment between the Draft SPP2.4 mapping and the Negotiated Planning Solution was referredto in the WAPC's letter of approval dated 12 November 2019 (included as Attachment 3 as follows:

...at its meeting of 30 October 2019, the Western Australian Planning Commission (WAPC),resolved to approve the Negotiated Planning Solution for Lot 902 Flynn D ive. Neerabup,

consistent with the mapping associated with State Planning Policv2.4 - Basic Raw Materialssubject to a legal agreement formalising the Negotiated Planning Solution, including therequirement for the area to be conserved to be ceded free of cost, to be prepared by theapplicant and subject to the approval of the Chairman of the WAPC as to the final agreement .(emphasis added).

State Planning Policy 3.7 - Planning in Bushfire Prone Areas

A package of reforms was introduced in 2015 to help protect lives and property against the threat ofbushfires throughout Western Australia. State Planning Policy 3.7: Planning for Bushfire Prone Areas(SPP 3.7) and the Guidelines for Planning in Bushfire Prone Areas were released and took effect on 7December 2015.

SPP 3.7 provides the foundation for land use planning decisions in designated bushfire prone areas.

Lot 902 is located within a Bushfire Prone area.

Noting its designation, a BAL Assessment and Bushfire Management Plan is provided as Attachment

6 and demonstrates the suitability of the proposed subdivision in meeting the requirements underSPP3.7.

Conclusion

We seek the Commission s approval for the two Lot subdivision of Lot 902 Flynn Drive Neerabup whichwill give effect to the approved Negotiated Planning Solution by enabling a portion of the site to beceded to the Crown, whilst facilitating the Industrial use and development of the balance consistentwith its Industrial MRS designation.

In line with the WAPC S requirement we have provided the following documentation:

• Eight copies of the subdivision plan on a cadastral base which is also included as Attachment2;

• Eight copies of the subdivision plan on an aerial base depicting relevant environmental detailswhich is also included as Attachment 2;

• A copy of the Level 2 Flora Study included as Attachment 3;• A submission by Lindsay Stevens regarding sand resources on site included as Attachment 4;

• A copy of the WAPC Letter of approval for the Negotiated Planning Solution dated 30 October2019 included as Attachment 5;

• A Bushfire Management Plan is included as Attachment 6.• A completed and signed Form 1A - Application for Approval of Freehold or Survey Strata

Subdivision included as Attachment 1• For the credit card payment of the application fee of $3,487, please contact Patricia de Kobbe

on 9382 3000.

BOR NEE AP/APPLICATION FOR SUBDIVISION Pages

¦3S2TS33 ssociates

Should you have any queries regarding this application or require further information, please do nothesitate to contact our office.

Yours sincerelyALLERDING AND ASSOCIATES

STEVE ALLERDINGDIRECTOR

Enc.

CC: Client

BOR NEE AP/APPLICATION FOR SUBDIVISION Page?