KEY ISSUES - swan.wa.gov.au · PDF file3.2 ADOPTION FOR FINAL APPROVAL OF SCHEME ... to the Department of Health and Water ... advertising the proposal, at the corner of Arum Lily

Ordinary Meeting of Council

15 August 2012

3.2 ADOPTION FOR FINAL APPROVAL OF SCHEME AMENDMENT NO.75 TO

LOCAL PLANNING SCHEME NO.17, ADDITIONAL USE (TREE LOPPING

BUSINESS), LOT 301 ARUM LILY PLACE, HAZELMERE

Ward: (Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• At the Ordinary Meeting of 21 March 2012, the Council resolved unanimously to

change Staff Recommendation and to initiate the proposed amendment for the

purposes of public advertising for a proposed "Additional Use - Tree Lopping

Business" with special conditions restricting the number of vehicles associated

with the business to be parked onsite and any development approval shall for

the Tree Lopping Business being personal to the owner Leon Noel Pietersen.

• The Amendment was advertised from 3 May 2012 to 20 June 2012 for 42 days.

Seven (7) submissions were received from the public during this time, and six

(6) from Government agencies. There were no objections to the proposed

amendment.

• In light of the non objections received it is recommended that Amendment No.

75 be adopted for final approval without modification.

It is recommended that the Council resolve to grant final adoption of Amendment No.

75 to Local Planning Scheme No. 17 to introduce an Additional Use of "Tree Lopping

Business" for Lot 301 Arum Lily Place, Hazelmere without modification and to request

that the Hon Minister for Planning grant his final approval to the Amendment without

modification.

AUTHORITY/DISCRETION

Under Section 75 of the Planning and Development Act 2005, a local government may

amend a local planning scheme with reference to any land within its district, or with

reference to land within its district and other land within any adjacent district, by an

amendment -

a) Prepared by the local government, approved by the Minister and published in the

Gazette; or

b) Proposed by all or any of the owners of any land in the scheme area, adopted,

with or without modifications, by the local government, approved by the Minister

and published in the Gazette.


15 August 2012

3.2 Adoption For Final Approval Of Scheme Amendment No.75 To Local

Planning Scheme No.17, Additional Use (Tree Lopping Business), Lot 301

Arum Lily Place, Hazelmere

BACKGROUND

Applicant: Planning Solutions (Aust) Pty Ltd

Owner: Mr Leon Noel Pietersen

Zoning: TPS - Rural Residential

MRS - Rural

Strategy/Policy: Hazelmere Enterprise Area Structure Plan

Development Scheme: NA

Existing Land Use: Vacant land, cleared

Lot Size: 9782 m2

Area: Hazelmere

Use Class: Additional Use - Tree Lopping Business.

DETAILS OF THE PROPOSAL

The proposed amendment submitted on behalf of the owner of the land sought to

provide for an Additional Use of 'Transport Depot" for the subject site, to enable the

owner to park vehicles associated with his tree lopping business.

The tree lopping business ("A Cut Above" Tree Service) provides tree surgery services

throughout Perth, including pruning, shaping, and removal of trees, stump grinding,

mulching, roof and gutter clearances, green waste collection, and emergency call out

services.

The services provided by the tree lopping business are conducted entirely off site. It is

envisaged that the subject property will provide for the storage of the commercial

vehicles associated solely with the tree lopping business, outside of normal business

hours.

Under the City's Local Planning Scheme, there is currently no ability to approve the

number of vehicles proposed to be parked on the lot, using any use class which might

apply.

At the Ordinary Council Meeting of 21 March 2012, Council resolved to support the

proposed Amendment, subject to the proposed "Additional Use" being changed from

"Transport Depot" to "Tree Lopping Business" with specific conditions limiting the

number of vehicle associated with the business to park on site and that the development

approval shall be personal to the landowner Leon Noel Pietersen and will not be granted

to any subsequent owner or lessee of the subject land.

DESCRIPTION OF SITE

The subject site is located within the suburb of Hazelmere, near the Hazelmere Lakes. It

is bounded by Arum Lily Place to the south, Vale Road to the east and an unconstructed

gazetted road to the northwest.


15 August 2012




The subject site is currently vacant and contains minimal vegetation. It is generally flat

and has been partially filled with sand to create a level area.

The property is affected by a "Multiple Use" category wetland, in common with many of

the properties around it. The nearby Hazelmere Lakes are classed as "Resource

Enhancement" category wetland.

To the south of the site, separated by the local road and screening vegetation, is the

Great Eastern Highway Bypass, with Perth Airport industrial land on the other side of the

Bypass. To the east, across Vale Road, is Swantrax, an agricultural machinery sales and

services business. To the north and west are other rural residential properties, separated

by the road reserve.

SITE HISTORY/PREVIOUS APPROVALS

DA 893-2007 - Filling of Land and House Pad (Retrospective) - Undergoing Assessment -

No Decision.

APPLICANT'S SUBMISSION

In support of the application, the landowner has provided the following:

..We understand advertising of Amendment No. 75 concluded on 20 June 2012. We

understand thirteen submissions were received by the City, all providing no objection to

the proposed amendment.

The City has provided a schedule of submissions summarising the comments from the

referral authorities and the public. We have reviewed the schedule of submissions and

provide the following comments in response to the Department of Health and Water

Corporation submissions:

Department of Health:

• No burning will occur on the site. Tree lopping products may be stored onsite and

later sold (mulch and fire wood etc). We consider this matter can be adequately

addressed at the development application stage.

Water Corporation:

• We acknowledge the presence of sewer infrastructure on the subject site. We

consider the Water Corporation’s request to create an easement over the existing

sewer infrastructure can be considered and addressed at the development

application stage. We also acknowledge the location of the sewer infrastructure may

impact the overall layout and design of the proposed development.


15 August 2012




In summary, we consider Amendment No. 75 is entirely appropriate and warrants the City’s support for the following reasons:

1) The proposed Tree Lopping Business is an appropriate interim use that will act as

a transitional land use between rural residential land uses and industrial land

uses. The proposed amendment will provide for the transitional use of the subject

site, consistent with future strategic and regional planning.

2) The future industrial and freight planning (including the realignment of the freight

rail line) will significantly affect the amenity of the subject site and undermine the

rural residential lifestyle. Therefore, it is considered that the subject site would

better suit a low intensity of industrial use, which would act as a buffer to the

existing rural residential land uses.

3) The proposed conditions will ultimately restrict the scale and intensity of the

proposed use in order to protect the amenity of the surrounding land users. As

such, the nature and scale of the proposed Tree Lopping Business can be

accommodated on the subject site without adversely affecting the surrounding

locality.

4) Thirteen submissions were received by the City during public advertising, all

providing no objection to the proposed amendment. As such, the outcomes of

public advertising support the City’s final approval of Amendment No. 75.

Given the outcomes of advertising and supporting justification, we respectfully request the City grant final approval to Amendment No. 75 to LPS17.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

At the Ordinary Council Meeting on 21 March 2012, Council resolved unanimously to:

1) Initiate an amendment to Local Planning Scheme No.17 by introducing an

"Additional Use - Tree Lopping Business" for Lot 301 (D96440) Arum Lily Place,

Hazelmere as follows:


15 August 2012




a) Introduce into Schedule 2 the following:

No. Description of Land Additional Use Conditions

TBC Lot 301 (D96440)

Arum Lily Place,

Hazelmere

P - Tree Lopping

Business 1. A maximum of:

a. Six motorised

commercial vehicles;

and

b. Six trailers /

attachments.

2. Any development

approval for a "Tree

Lopping Business" shall

be personal to Leon Noel

Pietersen and will not be

granted to any

subsequent owner or

lessee of the subject

land.

3. A Stormwater Drainage

Management Plan is to be

lodged and approved by

the City prior to any

development approval

being granted on the

subject lot. The Drainage

Plan is to demonstrate

that stormwater can be

disposed of without

unacceptable impact on

the Hazelmere Lakes.

b) Amend the Scheme maps accordingly.

2) Record that the reasons for changing the Recommendation are:

a) The subject site is not suitable for rural residential use due to its location

being impacted by traffic noise from the Great Eastern Highway Bypass to

the south; an existing industrial use opposite on Vale Road; the preferred

realignment of the freight rail line which cuts through the lot; and is within

the 25-30 ANEF aircraft noise contours.


15 August 2012




b) The landowner currently operates his business from a residential area and

the Scheme Amendment would enable and facilitate relocation of his

business to a more appropriate site which was the intention of the owner

in purchasing the site. Such action should be encouraged and the fact that

the initiation of the Scheme Amendment would result in consultation with

stakeholders to ascertain the question of impact on the locality.

PUBLIC CONSULTATION

Council resolved to initiate the proposed scheme amendment and accordingly it was

referred to the Environmental Protection Authority for a period of 30 days as per the

requirement of the Planning and Development Act 2005. Consequently EPA has advised

that the proposed Amendment No. 75 is not required to be assessed under Part VI

Division 3 of the EP Act.

Upon receipt of the advice from EPA, Proposed Scheme Amendment No. 75 was

advertised for 42 days, in accordance with the requirement of the Town Planning

Regulations 1967 and underwent the following process:

• Written notification to the surrounding landowners;

• A notice placed in the 9th May 2012 edition of the "West Australian" and the 12th May

2012 edition of the "Echo" (a local newspaper);

• A sign on site advertising the proposal, at the corner of Arum Lily Place and Vale Rd,

between the 9th of May and 21st June 2012;

• Referral of the amendment to the relevant service authorities; and

• The proposal was made available for inspection at the City of Swan Administration

Building and on the City's website.

Seven (7) submissions were received from members of the public. None of the

submissions raised objections to the proposal.

A summary of these submissions is provided in the Schedule of Submissions received.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The Environmental Protection Authority has advised that the proposal does not need to

be assessed under the Environmental Protection Act 1986 and that it is not necessary for

it to provide advice on the proposed Amendment.

Main Roads WA, the Water Corporation, Western Power, and Telstra have advised that

they have no objection to the proposed Amendment. However the following potential

issues have been flagged:


15 August 2012




• The Water Corporation advises that a pressure sewer runs through the middle of

the subject lot; and

• Main Roads advises that advice should be sought in relation to the potential

realignment of the freight line through the subject lot.

The Department of Health stated that consideration should be given as to potential

public health impacts from the development, including potential smoke issues from

burning of tree loppings on the subject site.

The attached Schedule of Submissions provides details of the submissions received from

these authorities.

DETAILS

Issues raised during public advertising period

The Department of Health raised the potential issue of smoke nuisance from the site, if

the applicants plan to burn tree waste on the property. The applicants have since

confirmed that they do not intend to burn any tree waste on the property. This should be

a condition of any development approval for the site. The Department furthermore

stated that consideration should be given to potential lifestyle and public health impacts

arising from any business operating from the site. It is considered that the kind of

impacts expected to be generated by the proposed business (such as noise, dust etc)

should be able to be managed through standard planning conditions (such as hours of

operation). This would be more appropriately dealt with when a development application

is lodged.

The Water Corporation advised that there is a pressure sewer running through the

middle of the subject lot, and that due consideration would be required when developing

the area. Any future development proposals require Water Corporation (Building

Services) approval prior to commencement of works. The sewer is currently not

protected by any easement, and it may be necessary to require an easement as a

condition of any development approval.

Main Roads WA recommended that the Department of Planning's advice be sought in

regard to the proposed realignment of the heavy freight line directly through the subject

site. Advice was sought shortly before the advertising period, and indicated that planning

for the rail line was still at a preliminary stage. The proposed Amendment

documentation, whether adopted or refused by Council, will be referred back to the

WAPC in order to present to the Minister. It is expected that the Minister would seek the

latest advice regarding the freight line from the WAPC prior to making a final decision on

the Amendment.

On the basis of the above and noting there were no objections to consider it is

recommended that Council grant final adoption to the proposed amendment.


15 August 2012




OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to adopt the proposed amendment to Local Planning

Scheme 17, as initiated, to introduce an "Additional Use" of "Tree Lopping

Business" for the subject lot without further modification, and to refer the

amendment documentation to the Minister for Planning with a request for

final endorsement without modification.

Implications: The Minister for Planning will take the Council’s adoption of the

Amendment and the public comments received into consideration as part

of the decision on final adoption of the amendment.

This is the recommended option.

Option 2: Council may resolve not to adopt the proposed Amendment to Local

Planning Scheme 17 and to refer the amendment documentation to the

Minister for Planning with a request not to grant final approval.

This is not the recommended option.

Implications: The Minister for Planning will take the Council's position not to adopt the

proposed amendment and the public comments received into

consideration as part of the decision on final adoption of the amendment.

CONCLUSION

Council at the OCM of 21 March 2012 resolved against the staff recommendation to

initiate the amendment, but modified to provide as an Additional Use a "Tree Lopping

Business" as opposed to a "Transport Depot".

The public advertising period and referrals to relevant Government agencies have not

thrown up any objections to the proposal. Accordingly final adoption of the proposed

amendment is recommended.

ATTACHMENTS

• Location Plan

• Concept plan of development proposed on the site

• Schedule of Submissions


15 August 2012




STRATEGIC IMPLICATIONS

The proposal is considered to be generally inconsistent with the guidance provided by

the Hazelmere Enterprise Area Structure Plan, which proposes that the site be used for

rural residential purposes pending further investigation via structure planning.

STATUTORY ENVIRONMENT

Local Planning Scheme No. 17

Town Planning Regulations 1967 (as amended).

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple Majority

RECOMMENDATION

That the Council resolve to:

1. Note the submissions received as outlined in the attached Schedule of

Submissions.

2. Adopt the proposed Amendment No. 75 to Local Planning Scheme No. 17 to

introduce an "Additional Use" of "Tree Lopping Business" on Lot 301 Arum Lily

Place, Hazelmere as follows:


15 August 2012






TBC Lot 301 (D96440)

Arum Lily Place,

Hazelmere

P - Tree Lopping


a. Six motorised


and

b. Six trailers /

attachments.

2. Any development





granted to any

subsequent owner or


land.










disposed of without



3. Forward the Amendment No. 75 documentation to the Western Australian

Planning Commission with a request that the Minister for Planning grant final

approval to proposed Amendment 75 without modification.

4. Advise those who lodged a submission of Council's decision accordingly.

MOTION that the Recommendation be adopted.

(Cr T Williams - Cr Trease)


15 August 2012

RESOLVED UNANIMOUSLY TO:

1. Note the submissions received as outlined in the attached Schedule of

Submissions.

2. Adopt the proposed Amendment No. 75 to Local Planning Scheme No. 17 to

introduce an "Additional Use" of "Tree Lopping Business" on Lot 301 Arum Lily

Place, Hazelmere as follows:



TBC Lot 301 (D96440)

Arum Lily Place,

Hazelmere

P - Tree Lopping


a. Six motorised


and

b. Six trailers /

attachments.

2. Any development





granted to any

subsequent owner or


land.










disposed of without



3. Forward the Amendment No. 75 documentation to the Western Australian

Planning Commission with a request that the Minister for Planning grant final

approval to proposed Amendment 75 without modification.

4. Advise those who lodged a submission of Council's decision accordingly.


15 August 2012

Documents

KEY ISSUES - swan.wa.gov.au · PDF file3.2 ADOPTION FOR FINAL APPROVAL OF SCHEME ... to the Department of Health and Water ... advertising the proposal, at the corner of Arum Lily