Metro Central Joint Development Assessment Panel Minutes€¦ · 7.15 Mr Dan Lees (element) presented in support of the application at Item 10.1 and responded to questions from the

Meeting No.347

14 June 2019

Ms Rachel Chapman A/Presiding Member, Metro Central JDAP Page 1

Metro Central Joint Development Assessment Panel

Minutes

Meeting Date and Time: 14 June 2019, 3:03 PM Meeting Number: MCJDAP/347 Meeting Venue: City of South Perth

Cnr Sandgate and South Terrace South Perth

Attendance

DAP Members Ms Rachel Chapman (A/Presiding Member) Ms Kym Petani (A/Deputy Presiding Member) Mr Michael Hardy (Specialist Member) Cr Glenn Cridland (Local Government Member, City of South Perth) Cr Tracie McDougall (Local Government Member, City of South Perth) Officers in attendance Ms Vicki Lummer (City of South Perth) Mr Brendan Phillips (City of South Perth) Mr Cameron Howell (City of South Perth) Ms Laura Kelliher (City of South Perth) Mr Chris Jansen (City of South Perth) Mr Rodney Markotis (City of South Perth) Mr Peter Damen (Level 5 Design Pty Ltd) Ms Kate McKelvie (Governance Officer, DAP Secretariat) Minute Secretary Ms Narelle Cecchi (City of South Perth) Applicants and Submitters Item 9.1 Mr Giles Harden Jones (Harden Jones Architects) Item 10.1 Mr Dan Lees (element) Mr Craig Wallace (Lavan) Mr Evan Briers (Venn Property Group) Mr Fred Chaney (Taylor Robinson Chaney Broderick) Mr Jonathan Riley (Riley Consulting) Mr Darren Levey (Uloth and Associates) Mr Stephen Russell Mr Paul Azzalini Mr Paul Cunningham (Rowe Group)

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Mrs Nicole Taylor (Collier Primary School – School Council) Mr David Goddard Mr Joshua Carmody (Planning Solutions) Mr Samuel Parr Cr Ken Manolas (City of South Perth) Ms Madeleine Ryan (Moharich and More) Members of the Public / Media There were 14 member of the public and media in attendance. 1. Declaration of Opening

The A/Presiding Member declared the meeting open at 3:03pm on 14 June 2019, and acknowledged the past and present traditional owners and custodians of the land on which the meeting was held.

The A/Presiding Member announced the meeting would be run in accordance with the DAP Standing Orders 2017 under the Planning and Development (Development Assessment Panels) Regulations 2011.

2. Apologies

Ms Megan Adair (Presiding Member)

3. Members on Leave of Absence Nil 4. Noting of Minutes

Panel members noted the signed minutes of previous meetings, which are available on the DAP website.

5. Declarations of Due Consideration All members declared that they had duly considered the documents.

6. Disclosure of Interests

A/Presiding Member, Ms Rachel Chapman, declared an impartiality interest in item 9.1 and 10.1. Ms Chapman declared that she is a director and shareholder of Taylor Burrell Barnett. An employee of Taylor Burrell Barnett, Karen Hyde is a member of the South Perth Design Review Panel (DRP) who may have considered this application when presented to the DRP. In accordance with section 4.6.1 and 4.6.2 of the DAP Standing Orders 2017, the Presiding Member, Ms Megan Adair, determined that the member listed above, who had disclosed an impartiality interest, was permitted to participate in discussion and voting on the items.

https://www.planning.wa.gov.au/7578.aspx

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In accordance with section 2.4.10 of the DAP Code of Conduct 2017, DAP Member, Ms Rachel Chapman, declared that she participated in a State Administrative Tribunal process in relation to the application at item 10.1. However, under section 2.1.3 of the DAP Code of Conduct 2017, Ms Chapman acknowledged that she is not bound by any confidential discussions that occurred as part of the mediation process and undertakes to exercise independent judgment in relation to any DAP applications before her, which will be considered on its planning merits. In accordance with Section 2.4.9 of the DAP Code of Conduct 2017, DAP members Cr Glenn Cridland and Cr Tracie McDougall declared they participated in a prior Council meeting in relation to Item 10.1. However, under Section 2.1.2 of the DAP Code of Conduct 2017, Cr Cridland and Cr McDougall acknowledged that they are not bound by any previous decision or resolution of the local government, and undertake to exercise independent judgment in relation to any DAP application before them which will be considered on its planning merits.

7. Deputations and Presentations

7.1 Mr Giles Harden Jones (Harden Jones Architects) presented in support of the

application at Item 9.1 and responded to questions from the panel. 7.2 Mr Brendan Philipps (City of South Perth) answered questions for Item 9.1 from

panel members. The presentation at Item 7.1 and 7.2 were heard prior to the application at

Item 9.1. 7.3 Mr Darren Levey (Uloth and Associates) presented against the application at

Item 10.1 and responded to questions from the panel. 7.4 Mr David Goddard presented against the application at Item 10.1. 7.5 Mr Paul Azzalini presented against the application at Item 10.1. 7.6 Mr Stephen Russell presented against the application at Item 10.1. 7.7 Mrs Nicole Taylor (Collier Primary School – School Council) presented against

the application at Item 10.1 and responded to questions from the panel. 7.8 Mr Paul Cunningham (Rowe Group) presented against the application at Item

10.1 and responded to questions from the panel. 7.9 Ms Madeleine Ryan (Moharich and More) presented against the application at

Item 10.1. 7.10 Mr Joshua Carmody (Planning Solutions) and Mr Samuel Parr presented

against the application at Item 10.1. 7.11 Cr Ken Manolas (City of South Perth) presented against the application at Item

10.1.

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14 June 2019


7.12 Mr Evan Briers (Venn Property Group) presented in support of the application at Item 10.1 and responded to questions from the panel.

7.13 Mr Jonathan Riley (Riley Consulting) presented in support of the application at

Item 10.1 and responded to questions from the panel. 7.14 Mr Fred Chaney (Taylor Robinson Chaney Broderick) presented in support of

the application at Item 10.1. 7.15 Mr Dan Lees (element) presented in support of the application at Item 10.1 and

responded to questions from the panel. 7.16 Mr Cameron Howell (City of South Perth) and Mr Peter Damen (Level 5 Design

Pty Ltd) answered questions for Item 10.1 from panel members. The presentations at Items 7.3 - 7.16 were heard prior to the application at

Item 10.1.

PROCEDURAL MOTION Moved by: Cr Glenn Cridland Seconded by: Mr Michael Hardy That the meeting be adjourned for approximately 5 minutes. Reason: DAP panel members wished to take a short recess. The A/Presiding Member

advised that no member is to discuss the application. The Procedural Motion was put and CARRIED UNANIMOUSLY. The meeting was adjourned at 4:01pm. PROCEDURAL MOTION Moved by: Cr Glenn Cridland Seconded by: Mr Michael Hardy That the meeting resume. The Procedural Motion was put and CARRIED UNANIMOUSLY. The meeting resumed at 4:06pm. 8. Form 1 – Responsible Authority Reports – DAP Applications

Nil

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9. Form 2 – Responsible Authority Reports – Amending or cancelling DAP development approval

9.1 Property Location: Lot 2 (4) Paterson Street, Como Development Description: 6-Storey Multiple Dwelling building (comprising 12

Multiple Dwellings) Proposed Amendment: Form 2.1 - Extending validity of approval a further

year (until 21 June 2020) Applicant: Harden Jones Architects Owner: N/A David Parnis, N/A Kylie Parnis Responsible Authority: City of South Perth DAP File No. DAP/17/01200

REPORT RECOMMENDATION

Moved by: Cr Glenn Cridland Seconded by: Mr Michael Hardy That the Metro Central JDAP resolves to: 1. Accept that the DAP Application reference DAP/17/01200 as detailed on the DAP Form

2 dated 12 April 2019 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DAP/17/01200 as detailed on the DAP Form 2

dated 12 April 2019 and accompanying plans (Attachment 1) approved in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015, the Metropolitan Region Scheme Text 1963, and the provisions of the City of South Perth Town Planning Scheme No. 6, for the extension to validity of approval - 6-Storey Multiple Dwelling building (comprising 12 Multiple Dwellings) at Lot 2, No. 4 Paterson Street, Como, subject to:

Replacement Condition(s) 26. The validity of this approval shall cease if construction is not substantially commenced

by 21 June 2020. All other conditions and advice notes on the previous approval dated 21 June 2017 shall remain unless altered by this application. The Report Recommendation was put and CARRIED UNANIMOUSLY. Reason: In accordance with details contained in the Responsible Authority Report.

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PROCEDURAL MOTION Moved by: Ms Rachel Chapman Seconded by: Mr Michael Hardy That the meeting be adjourned for approximately 5 minutes. Reason: DAP panel members had considered over two hours of presentations and wished

to take a short recess. The A/Presiding Member advised that no member is to discuss the application.

The Procedural Motion was put and CARRIED UNANIMOUSLY. The meeting was adjourned at 6:01pm. PROCEDURAL MOTION Moved by: Cr Tracie McDougall Seconded by: Mr Michael Hardy That the meeting resume. The Procedural Motion was put and CARRIED UNANIMOUSLY. The meeting resumed at 6:06pm. 10. Appeals to the State Administrative Tribunal

10.1 Property Location: Lots 181, 803, 804, 805 & 806, Nos. 264-270

Canning Highway & Part Lot 182, No. 272 Canning Highway, Como

Development Description: Proposed Commercial Development within a Single Storey plus Basement Building

Applicant: Venn Property Group C/- Lavan Owner: Calicobay Pty Ltd –

Lots 181, 803, 804 & 805 Western Australian Planning Commission –

Lot 806 Bourke Instalment Company Pty Ltd –

Lot 182 Responsible Authority: City of South Perth DAP File No. DAP/17/01314

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REPORT RECOMMENDATION With the approval of the mover and seconder the following amendments were made to the report recommendation: To amend Condition 33 to read as follows, insert an additional condition (Condition 34) and renumber the remaining conditions accordingly: 33. All deliveries to the site and waste collections from the site are to take place between

the hours of 7am to 6pm Monday to Saturday and 9am to 6pm on Sundays and Public Holidays, unless otherwise provided by a Delivery Management Plan or Waste Management Plan, approved by the City of South Perth. and shall be implemented to the satisfaction of the City of South Perth. The number of deliveries (to the back-of-house delivery area) is restricted to a maximum of 13 delivery vehicles per day.

Reason: In respect to deliveries, this is a relatively constrained site albeit that it is on the

highway and in close proximity to residential streets, and as a consequence there is a need to ensure proper and orderly deliveries so as to minimise any adverse effect on residential amenity.

34. Prior to the issue of a building licence, the applicant at its cost, shall prepare and submit

to the City of South Perth a Road Safety Audit with respect to the proposed development, with particular and specific reference to the anticipated impact of traffic generated by the proposal upon the operations of Collier Primary School. This condition shall be satisfied upon the City advising the applicant of its satisfaction with that audit.

Reason: The Peer Review identified the absence of a Road Safety Audit and there are

legitimate concerns as to the impact of the traffic generated by the proposal both generally and specifically with respect to the school.

Moved by: Mr Michael Hardy Seconded by: Ms Kym Petani That the Metro Central Joint Development Assessment Panel, pursuant to section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR 35 of 2019, resolves to: Reconsider its decision dated 8 February 2019 and approve DAP Application reference DAP/17/01314 and accompanying amended plans Como Farmer Jacks Rev. J May 2019 – 17071 SD01 Rev. J (05 19) ‘Location Plan and Existing Site’, 17071 SD02 Rev. J (05 19) ‘Basement Floor Plan’, 17071 SD03 Rev. AB (05 19) ‘Ground Floor Plan’, 17071 SD04 17071 Rev. J (05 19) ‘Roof Plan’, 17071 SD05 Rev. J (05 19) ‘Ground Floor Plan- Post Canning Hwy Widening’, 17071 SD06 Rev. J (05 19) ‘Gross Floor Area’, 17071 SD07 Rev. J (05 19) ‘Elevations’, 17071 SD08 Rev. J (05 19) ‘Elevations’, 17071 SD09 Rev. J (05 19) ‘Elevations’, 17071 SD10 Rev. J (05 19) ‘Materiality’, 17071 SD11 Rev. J (05 19) ‘Aerial View’, 17071 SD12 Rev. J (05 19) ‘Aerial View’, 17071 SD13 Rev. J (05 19) ‘3D View’, 17071 SD14 Rev. J (05 19) ‘Sunshading Diagram | Winter Solstice at Midday’, DVC-Z661F SK10 Rev7 (12.03.2019), DVC-Z6616 SK14 Rev 4 (12.03.2019) and DVC-Z661G SK17 Rev2 (12.03.2019), in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, Clause 30 of the Metropolitan Region Scheme and the provisions of the City of South Perth Town Planning Scheme No. 6, subject to the following conditions:

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Conditions

1. Prior to the issue of a building permit, Lots 803, 804, 805 and the portion of Lot 181 not

affected by the Metropolitan Region Scheme Primary Regional Roads reservation shall be amalgamated on a Deposited Plan and application for a new Certificate of Title shall be lodged with the Land Titles Office, to the satisfaction of the City of South Perth.

Alternatively, a legal agreement is to be prepared to ensure that these Lots cannot be sold or developed separately. The legal agreement is to be executed prior to the issue of a building permit to the satisfaction of the City of South Perth. The legal agreement is to be prepared at the owner’s expense.

2. Prior to the submission of a building permit application, the proposed right-of-

carriageway easement over Part Lot 182 to the benefit of the development site shall be executed, to the satisfaction of the City of South Perth.

3. Prior to the submission of a building permit application, the land required on Lots 181,

182 and 806 for the purposes of a public footpath adjacent to Canning Highway shall be ceded to the Crown free of cost and without any payment of compensation by the Crown or the local government, to the satisfaction of the City of South Perth.

4. Prior to the submission of a building permit application or a demolition permit application,

or the commencement of development, whichever is earlier, a Construction Management Plan must be submitted to, and approved by, the City of South Perth. The Construction Management Plan must address the following issues, where applicable:

a. public safety and amenity; b. site plan and security; c. contact details of essential site personnel, construction period and operating

hours; d. community information, consultation and complaints management Plan; e. noise, vibration, air and dust management; f. dilapidation reports of nearby properties; g. traffic, access and parking management; h. waste management and materials re-use; i. earthworks, excavation, land retention/piling methods and associated matters; j. stormwater and sediment control; k. street tree management and protection; l. asbestos removal management Plan; m. any requirements set down by Main Roads WA in respect to any use of Canning

Highway and/or n. any other matter deemed relevant by the City.

5. The Construction Management Plan must be complied with at all times during development, to the satisfaction of the City of South Perth.

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6. Prior to the submission of a building permit application, the applicant shall prepare and submit a Parking and Access Management Plan for staff and visitors of the building to the satisfaction of the City of South Perth. The plan should outline matters relevant to the functioning of this development such as the following:

• How the parking and vehicle access for the proposed development will be

managed. • Details of the smart car parking management signage. • Access to bicycle parking and end-of-trip facilities. • Restricting unauthorised access to the back of house areas. • Identifying practical strategies to minimise parking demand and conflict between

different users. • Making users of the car stacker system aware of their obligations to the use of the

system and restrictions of the system.

7. The Parking and Access Management Plan shall be implemented and adhered to all times, to the satisfaction of the City of South Perth.

8. Prior to the submission of a building permit application, the applicant shall prepare and submit a Waste Management Plan detailing the number and size of general waste and recycling bins, storage method and collection details, to the satisfaction of the City of South Perth.

9. The Waste Management Plan shall be implemented and adhered to all times, to the satisfaction of the City of South Perth.

10. Prior to the submission of a building permit application, a public art concept for the subject development or alternatively a contribution to public art within the vicinity of the development, to the value of 1.0% of the construction value shall be submitted to the City of South Perth. The approved public art concept shall be to the satisfaction of the City of South Perth. (Refer to the associated Advice Note)

11. Prior to the submission of an occupancy permit application, the approved public art concept shall be implemented and maintained thereafter, to the satisfaction of the City of South Perth.

12. Prior to the submission of a building permit, a legal agreement is to be prepared for the cash payment to the local government in lieu of providing 2 deficit car parking bays. The cash-in-lieu payment shall be payable at the time the land within the Metropolitan Region Scheme Primary Regional Roads reservation is required for the widening of Canning Highway (or an earlier time with the consent of the City of South Perth). The legal agreement is to be prepared at the owner’s expense and to the satisfaction of the City of South Perth.

13. Prior to the submission of an occupancy permit, the applicant is to make a cash payment to the local government for the commercial value of any public car parking bays lost in Hobbs Avenue to accommodate service or delivery vehicle movements into the development site, to the satisfaction of the City of South Perth.

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14. Prior to the submission of a building permit application, the applicant shall supply certification confirming the design of all car parks and vehicle accessways are compliant with Australian Standard AS2890.1. The specification for the ramp to the basement parking level shall conform to the requirements for road frontage accessway driveway, based upon the future location of the entry point to Canning Highway and public footpath following the widening of Canning Highway.

15. Prior to the submission of an occupancy permit application, the applicant shall supply certification confirming the constructed design of all car parks and vehicle accessways are compliant with Australian Standard AS2890.1 and the approved plans.

16. Prior to the submission of an occupancy permit application, the car parking bays and accessways shall be marked on site as indicated on the approved plans, and such marking shall be subsequently maintained so that the delineation of parking bays remains clearly visible at all times, to the satisfaction of the City of South Perth.

17. Staff parking bays shall be permanently marked, maintained and legally accessible at all times for use exclusively by staff to the property, be clearly visible or suitably sign posted from the street or communal driveway, to the satisfaction of the City of South Perth.

18. Hard standing areas approved for the purpose of car parking or vehicle access shall be maintained in good condition at all times, free of potholes and dust and shall be adequately drained, to the satisfaction of the City of South Perth.

19. Prior to the submission of a building permit application, details of the proposed lighting to pathways and car parking areas shall be provided that is to the satisfaction of the City of South Perth.

20. Prior to the submission of an occupancy permit application, the applicant shall construct a crossover / vehicle accessway between the road and the property boundary in accordance with the approved plans, to the satisfaction of the City of South Perth. (Refer to the associated Advice Note)

21. The existing crossovers shall be removed and the verge and kerbing shall be reinstated to the satisfaction of the City of South Perth.

22. The height of any wall, fence or other structure shall be no higher than 0.75 metres within

1.5 metres of where any driveway meets any public street, to the satisfaction of the City of South Perth.

23. Prior to the submission of an occupancy permit application, all works required within the

public realm to facilitate the development are to be implemented at the owner’s expense, to the satisfaction of the City of South Perth, on the advice of Main Roads Western Australia and/or the affected service agency (where applicable).

24. The surface of the boundary walls on the northern/eastern side of the lot shall be finished in a clean material to the same standard as the rest of the development, to the satisfaction of the City of South Perth.

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25. The acoustic fence adjacent to the laneway (R.O.W.) must be 2.4 metres in height above ground level and of density equal, or greater, than 12 kg/m; and shall extend from the rear steps adjacent to the car stackers and bin store, along the eastern boundary of the R.O.W. to the southernmost extent of the R.O.W (Hobbs Avenue street boundary), subject to the provision of a visual sightline at the street boundary, to the satisfaction of the City.

26. Prior to the submission of an occupancy permit application, the acoustic fence shall be constructed to the satisfaction of the City of South Perth.

27. All stormwater from the property shall be discharged into soak wells or sumps located on the site unless otherwise approved by the City of South Perth.

28. External fixtures, such as air-conditioning infrastructure, shall be integrated into the design of the building so as to not be visually obtrusive when viewed from the street and to protect the visual amenity of residents in neighbouring properties, to the satisfaction of the City of South Perth.

29. Prior to the submission of an occupancy permit application, landscaping areas shall be installed in accordance with the approved landscaping plan. All landscaping areas shall be maintained thereafter to the satisfaction of the City of South Perth.

30. Prior to the submission of a building permit application, the applicant is to submit documentation from the Green Building Council of Australia certifying that the development achieves a Green Star rating of at least 4 Stars or alternatively, documentation provided from another rating tool/system that achieves equivalent or greater performance standards than required by Green Star, shall be submitted to the City of South Perth. All sustainable design features proposed in the development shall be implemented.

31. The car stacker system has achieve the following minimum internal dimensions and

specifications for all car bays within the system:

a. Height: 2.1 metres. b. Length: 5.5 metres. c. Width: 2.5 metres. d. Weight bearing capacity: 2,600 kilograms.

32. The car stacker system shall be maintained as operational for the life of the building,

including in the event of a power failure.

33. All deliveries to the site and waste collections from the site are to take place between the hours of 7am to 6pm Monday to Saturday and 9am to 6pm on Sundays and Public Holidays, unless otherwise provided by a Delivery Management Plan or Waste Management Plan and shall be implemented to the satisfaction of the City of South Perth. The number of deliveries (to the back-of-house delivery area) is restricted to a maximum of 13 delivery vehicles per day.

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34. Prior to the issue of a building licence, the applicant at its cost, shall prepare and submit to the City of South Perth a Road Safety Audit with respect to the proposed development, with particular and specific reference to the anticipated impact of traffic generated by the proposal upon the operations of Collier Primary School. This condition shall be satisfied upon the City advising the applicant of its satisfaction with that audit.

35. In accordance with written correspondence from Main Roads Western Australia, dated

22 November 2017 and 20 March 2019, the following conditions are to be satisfied by the applicant:

a. The vehicle access shall be designed to only permit left in / left out access onto

Canning Highway, as shown on approved site plan. b. A solid median island is to be constructed in the Canning Highway road reservation

to further enforce the left in / left out only access at the applicant’s expense.

c. A turning pocket (deceleration lane) is to be constructed into the site as shown on the approved site plan at the applicant's expense.

d. Redundant driveways shall be removed and the verge and its vegetation made

good at the applicant’s expense.

e. This approval does not pertain to the installation of any external advertisements (a separate application and approval will be required for all external advertisements/signage for this development).

f. No earthworks shall encroach onto the Canning Highway road reserve.

g. No stormwater drainage shall be discharged onto the Canning Highway road

reserve.

h. The developer shall be responsible for all costs involved in the land acquisition, design and construction illustrated on the Main Roads approved plans dated 20 March 2019. This includes signing, road markings, relocation of services, street lighting and Main Roads costs involved in the checking of the design and construction drawings and any site inspections.

i. The agreed roads works, as shown on plans DVC-Z661F SK10 Rev7, DVC-Z6616

SK14 Rev 4 and DVC-Z661G SK17 Rev2, are constructed prior to the construction of the rest of the approved development.

j. Construction works must occur without the need for closure of Canning Highway.

k. Main Roads approval for the construction drawings is required before any work is

undertaken within the Canning Highway road reservation. A detailed traffic management safety plan while working within the road reservation is to be submitted as part of this approval.

l. The applicant must obtain approval from Main Roads before any works are

undertaken within the Canning Highway road reserve, utilising the Main Roads Application Kit for Conducting Works on Roads.

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All vehicle access modifications to the road network as described above are to be carried prior to the submission of an occupancy permit application, unless an earlier timeframe is specified. These conditions are to be met to the satisfaction of the City of South Perth, on the advice of Main Roads Western Australia.

36. At the time the land within the Metropolitan Region Scheme Primary Regional Roads reserve is required for the widening of Canning Highway, all development within the reserve shall be removed at the owner’s cost, and without any payment of compensation by the Crown or the local government, to the satisfaction of the City of South Perth.

37. The approved land use of the retail tenancies and the supermarket tenancy is “Shop”.

38. The development shall be in accordance with the approved plans unless otherwise authorised by the City of South Perth, or the Metro Central Joint Development Assessment Panel.

Advice Notes 1. If the development the subject of this approval is not substantially commenced within a

period of 2 years, or another period specified in the approval after the date of the determination, the approval will lapse and be of no further effect.

2. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

3. If an applicant or owner is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination.

4. This is a notice of determination on application for development approval issued in accordance the Planning and Development Act 2005, the Planning and Development (Local Planning Schemes) Regulations 2015, the City of South Perth Town Planning Scheme No. 6, and related policies. It is not a building permit or an approval to carry out development under any other law. It is the responsibility of the applicant/owner to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

5. This approval is not an authority to ignore any constraint to development on the land, which may exist through statute, regulation, contract, or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City of South Perth to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

6. Prior to lodging an application for building permit and/or occupancy permit, the applicant/owner is required to satisfactorily address the outstanding planning matters identified in the Conditions of approval. The applicant/owner are advised that a matrix detailing actions taken to meet conditions of this approval is to be submitted to the City’s Planning department and written confirmation is to be received that all outstanding conditions are met, prior to submitting a building permit and/or occupancy permit application. A copy of this confirmation is to be submitted with the building permit and/or

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occupancy permit application. If associated actions are incomplete, the application for building permit will not be accepted by the City of South Perth.

7. When submitting an application for building permit, an applicant who proposes any variations from the planning approved plans is to submit a written description and highlighted plan of the variations, together with a request for approval of those variations. Only minor variations in accordance with City of South Perth Local Policy P689 will be supported without the need to an amended development application.

8. The applicant is advised of the need to comply with any relevant requirements of the City’s Engineering Infrastructure Services and Environmental Health Services, including but not limited to those detailed in the memorandums, dated 13 November 2017 and 22 November 2017 respectively.

9. Planning Approval or the subsequent issuing of a Building Permit by the City of South Perth is not consent for the construction of a crossing. As described in Management Practice M353 a ‘Crossing Application’ form must be formally submitted to City’s Engineering Infrastructure Services for approval prior to any works being undertaken within the road reserve.

10. In relation to the public art conditions, the City of South Perth will be required to give final consent for the proposed public art, including any art fund contribution arrangement. The public art contribution must be in line with the guidelines as indicated in the City’s Developer’s Toolkit. Once the developer has sourced an artist, determined the design and artwork they are to lodge an 'Artwork Concept Application' form and supporting material to the City for assessment. See Appendix 1 of City of South Perth Local Policy P316 – ‘Developer Contribution for Public Art and Public Art Spaces’ for the full Public Art Toolkit document.

11. The applicant/developer and the owners are to comply with the requirements set out in City of South Perth Local Policy P352 ‘Final Clearance Requirements for Completed Buildings’. As detailed in the policy, the applicant is to engage a licensed land surveyor to undertake survey measurements and to submit progress reports and the final report to the City for approval. The City will only issue the final clearance letter when all relevant requirements have been met.

12. Car park ventilation to be designed to ensure that the carbon monoxide build up in the parking area does not exceed 50 ppm per hour in accordance with the Health Act (Carbon Monoxide) Regulations 1975.

13. All mechanical ventilation services, motors and pumps e.g. air conditioners to be located in a position so as not to create a noise nuisance as determined by the Environmental Protection Act 1986 and Environmental Protection (Noise) Regulations 1997.

14. Issues relating to dividing fences are civil matters between the respective parties / landowners (i.e. not the City of South Perth) and these matters are controlled by the Dividing Fences Act 1961. For more information please contact the Building Commission or visit their website.

15. Any dewatering at the site will require approval from the Department of Water through a water abstraction licence.

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16. The detailed design review of the raised median in Canning Highway may require the developer to undertake consultation with the owners of the affected Canning Highway properties opposite the development site.

17. It is the applicant’s responsibility to liaise with Main Roads Western Australia, in order to satisfactorily address all requirements of their letters dated 22 November 2017 and 20 March 2019. As per the recommendation from that agency:

a. When Canning Highway is widened to include a dedicated bus lane, the turning

pocket will be lost. However, under current road laws, a car may drive in a bus lane for a permitted distance of 100m. There are no funds available for this work on the current four-year programme and therefore the timing of this work remains unknown.

b. The applicant must obtain approval from Main Roads before all works are undertaken within the Canning Highway road reserve. The applicant seeking access to the Main Roads network will be required to submit an Application as outlined on Main Roads website > 'Our Roads' > ‘Conducting Works on Roads'.

c. All services, infrastructure or roadside furniture that requires relocation as a result

of the applicant's works will be at the applicant's expense.

d. Prior to applying for signage approval, the applicant should ensure that the application addresses Main Roads policy and application guidelines which can be found on Main Roads website > 'Building Roads' > Standards & Technical' > Road and Traffic Engineering' > 'Traffic Management' > 'Roadside Advertising'.

e. Proposing to undertake works on a State Roads will require a third party approval

issued by Main Roads. This approval is a separate and distinct approval from a development approval issued under the Planning and Development Act 2005.

f. With respect to Conditions 2 and 3 of the 20 March 2019 letter, these conditions

are required to ensure the safety and efficiency of Canning Highway is maintained throughout construction and operation of this site.

g. With respect to Conditions 2 and 3 of the 20 March 2019 letter, it is likely that some

construction works will need to occur outside peak periods and some may need to occur during the hours of night.

h. Application kits can be found on the Main Roads website > “Our Roads” >

“Conducting Works on Roads” > “Application Forms for undertaking Works Within Road Reserve”.

i. This property is affected by land reserved in the Metropolitan Region Scheme and

will be required for road purposes at some time in the future.

18. It is recommended that the applicant provides a Structural Engineer’s dilapidation report, at the applicant’s expense, specifying which structures on adjoining sites may be adversely affected by the works and providing a record of the existing condition of the structures.

Meeting No.347

14 June 2019


AMENDING MOTION 1 Moved: Ms Kym Petani Seconded: Michael Hardy To amend Condition 34 to read: 34. Prior to the issue of a building licence, the applicant at its cost, shall prepare and submit

a Delivery Management Plan detailing the number and size of delivery vehicles, the frequency and hours of deliveries to the satisfaction of to the City of South Perth a Road Safety Audit with respect to the proposed development, with particular and specific reference to the anticipated impact of traffic generated by the proposal upon the operations of Collier Primary School. This condition shall be satisfied upon the City advising the applicant of its satisfaction with that audit. The Delivery Management Plan shall be implemented at all times to the satisfaction of the City of South Perth.

The Amending Motion was put and LOST (2/3). For: Ms Kym Petani Mr Michael Hardy Against: Cr Glenn Cridland Cr Tracie McDougall Ms Rachel Chapman Reason: The modifications are generally consistent with the conditions and will achieve the

same outcome, but will enable the City to more effectively enforce in terms of a management plan.

AMENDING MOTION 2 Moved: Ms Kym Petani Seconded: Michael Hardy To amend Condition 34 (now Condition 35) to read: 35. In accordance with written correspondence from Main Roads Western Australia, dated

22 November 2017 and 20 March 2019, the following conditions are to be satisfied by the applicant: a. The vehicle access shall be designed to only permit left in / left out access onto

Canning Highway, as shown on approved site plan. b. A solid median island is to be constructed in the Canning Highway road reservation

to further enforce the left in / left out only access at the applicant’s expense. c. A turning pocket (deceleration lane) is to be constructed into the site as shown on

the approved site plan at the applicant's expense. d. Redundant driveways shall be removed and the verge and its vegetation made

good at the applicant’s expense. e. This approval does not pertain to the installation of any external advertisements

(a separate application and approval will be required for all external advertisements/signage for this development).

f. No earthworks shall encroach or no stormwater drainage shall be discharged onto the Canning Highway road reserve.

g. No stormwater drainage shall be discharged onto the Canning Highway road reserve.

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14 June 2019


h. The developer shall be responsible for all costs involved in the land acquisition, design and construction illustrated on the Main Roads approved plans dated 20 March 2019. This includes signing, road markings, relocation of services, street lighting and Main Roads costs involved in the checking of the design and construction drawings and any site inspections.

i. The agreed Roads works, as shown on plans DVC-Z661F SK10 Rev7, DVC-Z6616 SK14 Rev 4 and DVC-Z661G SK17 Rev2, are to be constructed prior to the occupancy construction of the rest of the approved development to the satisfaction of the City of South Perth on advice from Main Roads Western Australia.

j. Construction works must occur without the need for closure of Canning Highway. k. Main Roads approval for the construction drawings is required before any work is

undertaken within the Canning Highway road reservation. A detailed traffic management safety plan while working within the road reservation is to be submitted as part of this approval.

l. The applicant must obtain approval from Main Roads before any works are undertaken within the Canning Highway road reserve, utilising the Main Roads Application Kit for Conducting Works on Roads.

All vehicle access modifications to the road network as described above are to be carried prior to the submission of an occupancy permit application, unless an earlier timeframe is specified. These conditions are to be met to the satisfaction of the City of South Perth, on the advice of Main Roads Western Australia.

• To insert an additional advice note 19 to read: In accordance with written correspondence from Main Roads Western Australia, dated

22 November 2017 and 20 March 2019, the following conditions advice notes are to be satisfied by the applicant: a. The vehicle access shall be designed to only permit left in / left out access onto

Canning Highway, as shown on the approved site plan. b. A solid median island is to be constructed in the Canning Highway road reservation

to further enforce the left in / left out only access at the applicant’s expense. c. A turning pocket (deceleration lane) is to be constructed into the site as shown on

the approved site plan at the applicant's expense. d. This approval does not pertain to the installation of any external advertisements


e. The developer shall be responsible for all costs involved in the land acquisition, design and construction illustrated on the Main Roads approved plans dated 20 March 2019. This includes signing, road markings, relocation of services, street lighting and Main Roads costs involved in the checking of the design and construction drawings and any site inspections.

f. Construction works must occur without the need for closure of Canning Highway. g. Main Roads approval for the construction drawings is required before any work is

undertaken within the Canning Highway road reservation. A detailed Traffic Management Safety Plan while working within the road reservation is to be submitted as part of this approval.

h. The applicant must obtain approval from Main Roads before any works are undertaken within the Canning Highway road reserve, utilising the Main Roads Application Kit for Conducting Works on Roads.

Meeting No.347

14 June 2019


The Amending Motion was put and CARRIED (3/2). For: Ms Rachel Chapman Ms Kym Petani Mr Michael Hardy Against: Cr Glenn Cridland Cr Tracie McDougall Reason: It is a case of stating what constitutes a valid planning condition and separating it

from what is general advice offered by Main Roads. This is to ensure that the condition is valid and meets the validity test.

AMENDING MOTION 3 Moved: Cr Glenn Cridland Seconded: Cr Tracie McDougall To insert a new condition (Condition 39) to read: 39. The temporary at-grade carpark abutting Canning Highway shall, subject to time

restrictions, be available to the public at all times until it is required for the widening of Canning Highway.

The Amending Motion was put and CARRIED UNANIMIOUSLY. Reason: Given the reliance upon on-street car parking by the applicant that is already

utilised by existing businesses, it is appropriate that there be some reciprocity. AMENDING MOTION 4 Moved: Cr Glenn Cridland Seconded: Cr Tracie McDougall To delete Advice Note 19(b), renumber remaining advice notes accordingly and insert an additional condition (Condition 40) to read: 40. Prior to occupation and subject to Main Roads’ approval, a solid median island as shown

on the approved plans, is to be extended up until the existing traffic island further north and constructed in the Canning Highway road reservation to further enforce the left in / left out only access at the applicant’s expense, and to the satisfaction of the City of South Perth.

The Amending Motion was put and LOST (1/4). For: Cr Glenn Cridland Against: Cr Tracie McDougall Ms Rachel Chapman Ms Kym Petani Mr Michael Hardy

Meeting No.347

14 June 2019


Reason: To improve safety and prevent illegal right turn and U-turn movements into the new development on Canning Highway.

AMENDING MOTION 5 Moved: Ms Rachel Chapman Seconded: Ms Kym Petani To insert a new advice note (Advice Note 19) to read: 20. The applicant is invited to liaise with Main Roads Western Australia and the City of South

Perth in relation to the extension of the median strip on Canning Highway. Any approved extension shall be undertaken at the applicant’s cost.

The Amending Motion was put and CARRIED (4/1). For: Cr Glenn Cridland Cr Tracie McDougall Ms Rachel Chapman Ms Kym Petani Against: Mr Michael Hardy Reason: To initiate further discussion between the applicant and Main Roads on a potential

extension to the median strip to improve safety. AMENDING MOTION 6 Moved: Ms Rachel Chapman Seconded: Mr Michael Hardy To insert a new advice note (Advice Note 20) to read: 21. In regard to Condition 33, the intent is to restrict the number of daily deliveries to the

development through a consolidated and coordinated approach to deliveries, and minimise potential impacts on neighbouring properties and the locality generally.

The Amending Motion was put and CARRIED UNANIMIOUSLY. Reason: To confirm the intent of restricting the maximum number of delivery vehicles.

Meeting No.347

14 June 2019


AMENDING MOTION 7 Moved: Ms Kym Petani Seconded: Mr Michael Hardy To consolidate Advice Note 17 and New Advice Note 19, and renumber the remaining advice notes accordingly: 17. It is the applicant’s responsibility to liaise with Main Roads Western Australia, in order

to satisfactorily address all requirements of their letters dated 22 November 2017 and 20 March 2019. As per the recommendation from that agency: a. The vehicle access shall be designed to only permit left in / left out access

onto Canning Highway, as shown on the approved site plan. b. A solid median island is to be constructed in the Canning Highway road

reservation to further enforce the left in / left out only access at the applicant’s expense.

c. A turning pocket (deceleration lane) is to be constructed into the site as shown on the approved site plan at the applicant's expense.

d. This approval does not pertain to the installation of any external advertisements (a separate application and approval will be required for all external advertisements/signage for this development).

e. The developer shall be responsible for all costs involved in the land acquisition, design and construction illustrated on the Main Roads approved plans dated 20 March 2019. This includes signing, road markings, relocation of services, street lighting and Main Roads costs involved in the checking of the design and construction drawings and any site inspections. All services, infrastructure or roadside furniture that requires relocation as a result of the applicant's works will be at the applicant's expense.

f. Construction works must occur without the need for closure of Canning Highway.

g. Main Roads approval for the construction drawings is required before any work is undertaken within the Canning Highway road reservation. A detailed Traffic Management Safety Plan while working within the road reservation is to be submitted as part of this approval.

h. The applicant must obtain approval from Main Roads before any works are undertaken within the Canning Highway road reserve, utilising the Main Roads Application Kit for Conducting Works on Roads.

i. When Canning Highway is widened to include a dedicated bus lane, the turning pocket will be lost. However, under current road laws, a car may drive in a bus lane for a permitted distance of 100m. There are no funds available for this work on the current four-year programme and therefore the timing of this work remains unknown.

j. The applicant must obtain approval from Main Roads before all works are undertaken within the Canning Highway road reserve. The applicant seeking access to the Main Roads network will be required to submit an Application as outlined on Main Roads website > 'Our Roads' > ‘Conducting Works on Roads'.

k. All services, infrastructure or roadside furniture that requires relocation as a result of the applicant's works will be at the applicant's expense.

l. Prior to applying for signage approval, the applicant should ensure that the application addresses Main Roads policy and application guidelines which can be found on Main Roads website > 'Building Roads' > Standards & Technical' > Road and Traffic Engineering' > 'Traffic Management' > 'Roadside Advertising'.

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14 June 2019


m. Proposing to undertake works on a State Roads will require a third party approval issued by Main Roads. This approval is a separate and distinct approval from a development approval issued under the Planning and Development Act 2005.

n. With respect to Conditions 2 and 3 of the 20 March 2019 letter, these conditions are required to ensure the safety and efficiency of Canning Highway is maintained throughout construction and operation of this site.

o. With respect to Conditions 2 and 3 of the 20 March 2019 letter, it is likely that some construction works will need to occur outside peak periods and some may need to occur during the hours of night.

p. Application kits can be found on the Main Roads website > “Our Roads” > “Conducting Works on Roads” > “Application Forms for undertaking Works Within Road Reserve”.

q. This property is affected by land reserved in the Metropolitan Region Scheme and will be required for road purposes at some time in the future.

The Amending Motion was put and CARRIED UNANIMIOUSLY. Reason: To avoid duplication and repetition in the advice notes. REPORT RECOMMENDATION (AS AMENDED) That the Metro Central Joint Development Assessment Panel, pursuant to section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR 35 of 2019, resolves to: Reconsider its decision dated 8 February 2019 and approve DAP Application reference DAP/17/01314 and accompanying amended plans Como Farmer Jacks Rev. J May 2019 – 17071 SD01 Rev. J (05 19) ‘Location Plan and Existing Site’, 17071 SD02 Rev. J (05 19) ‘Basement Floor Plan’, 17071 SD03 Rev. AB (05 19) ‘Ground Floor Plan’, 17071 SD04 17071 Rev. J (05 19) ‘Roof Plan’, 17071 SD05 Rev. J (05 19) ‘Ground Floor Plan- Post Canning Hwy Widening’, 17071 SD06 Rev. J (05 19) ‘Gross Floor Area’, 17071 SD07 Rev. J (05 19) ‘Elevations’, 17071 SD08 Rev. J (05 19) ‘Elevations’, 17071 SD09 Rev. J (05 19) ‘Elevations’, 17071 SD10 Rev. J (05 19) ‘Materiality’, 17071 SD11 Rev. J (05 19) ‘Aerial View’, 17071 SD12 Rev. J (05 19) ‘Aerial View’, 17071 SD13 Rev. J (05 19) ‘3D View’, 17071 SD14 Rev. J (05 19) ‘Sunshading Diagram | Winter Solstice at Midday’, DVC-Z661F SK10 Rev7 (12.03.2019), DVC-Z6616 SK14 Rev 4 (12.03.2019) and DVC-Z661G SK17 Rev2 (12.03.2019), in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, Clause 30 of the Metropolitan Region Scheme and the provisions of the City of South Perth Town Planning Scheme No. 6, subject to the following conditions: Conditions

1. Prior to the issue of a building permit, Lots 803, 804, 805 and the portion of Lot 181 not

affected by the Metropolitan Region Scheme Primary Regional Roads reservation shall be amalgamated on a Deposited Plan and application for a new Certificate of Title shall be lodged with the Land Titles Office, to the satisfaction of the City of South Perth.

Alternatively, a legal agreement is to be prepared to ensure that these Lots cannot be sold or developed separately. The legal agreement is to be executed prior to the issue of a building permit to the satisfaction of the City of South Perth. The legal agreement is to be prepared at the owner’s expense.

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14 June 2019


2. Prior to the submission of a building permit application, the proposed right-of-

carriageway easement over Part Lot 182 to the benefit of the development site shall be executed, to the satisfaction of the City of South Perth.

3. Prior to the submission of a building permit application, the land required on Lots 181,

182 and 806 for the purposes of a public footpath adjacent to Canning Highway shall be ceded to the Crown free of cost and without any payment of compensation by the Crown or the local government, to the satisfaction of the City of South Perth.

4. Prior to the submission of a building permit application or a demolition permit application,

or the commencement of development, whichever is earlier, a Construction Management Plan must be submitted to, and approved by, the City of South Perth. The Construction Management Plan must address the following issues, where applicable:

a. public safety and amenity; b. site plan and security; c. contact details of essential site personnel, construction period and operating

hours; d. community information, consultation and complaints management Plan; e. noise, vibration, air and dust management; f. dilapidation reports of nearby properties; g. traffic, access and parking management; h. waste management and materials re-use; i. earthworks, excavation, land retention/piling methods and associated matters; j. stormwater and sediment control; k. street tree management and protection; l. asbestos removal management Plan; m. any requirements set down by Main Roads WA in respect to any use of Canning

Highway and/or n. any other matter deemed relevant by the City.

5. The Construction Management Plan must be complied with at all times during development, to the satisfaction of the City of South Perth.

6. Prior to the submission of a building permit application, the applicant shall prepare and submit a Parking and Access Management Plan for staff and visitors of the building to the satisfaction of the City of South Perth. The plan should outline matters relevant to the functioning of this development such as the following:

• How the parking and vehicle access for the proposed development will be

managed. • Details of the smart car parking management signage. • Access to bicycle parking and end-of-trip facilities. • Restricting unauthorised access to the back of house areas. • Identifying practical strategies to minimise parking demand and conflict between

different users. • Making users of the car stacker system aware of their obligations to the use of the

system and restrictions of the system.

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14 June 2019


7. The Parking and Access Management Plan shall be implemented and adhered to all times, to the satisfaction of the City of South Perth.

8. Prior to the submission of a building permit application, the applicant shall prepare and submit a Waste Management Plan detailing the number and size of general waste and recycling bins, storage method and collection details, to the satisfaction of the City of South Perth.

9. The Waste Management Plan shall be implemented and adhered to all times, to the satisfaction of the City of South Perth.

10. Prior to the submission of a building permit application, a public art concept for the subject development or alternatively a contribution to public art within the vicinity of the development, to the value of 1.0% of the construction value shall be submitted to the City of South Perth. The approved public art concept shall be to the satisfaction of the City of South Perth. (Refer to the associated Advice Note)

11. Prior to the submission of an occupancy permit application, the approved public art concept shall be implemented and maintained thereafter, to the satisfaction of the City of South Perth.

12. Prior to the submission of a building permit, a legal agreement is to be prepared for the cash payment to the local government in lieu of providing 2 deficit car parking bays. The cash-in-lieu payment shall be payable at the time the land within the Metropolitan Region Scheme Primary Regional Roads reservation is required for the widening of Canning Highway (or an earlier time with the consent of the City of South Perth). The legal agreement is to be prepared at the owner’s expense and to the satisfaction of the City of South Perth.

13. Prior to the submission of an occupancy permit, the applicant is to make a cash payment to the local government for the commercial value of any public car parking bays lost in Hobbs Avenue to accommodate service or delivery vehicle movements into the development site, to the satisfaction of the City of South Perth.

14. Prior to the submission of a building permit application, the applicant shall supply certification confirming the design of all car parks and vehicle accessways are compliant with Australian Standard AS2890.1. The specification for the ramp to the basement parking level shall conform to the requirements for road frontage accessway driveway, based upon the future location of the entry point to Canning Highway and public footpath following the widening of Canning Highway.

15. Prior to the submission of an occupancy permit application, the applicant shall supply certification confirming the constructed design of all car parks and vehicle accessways are compliant with Australian Standard AS2890.1 and the approved plans.

16. Prior to the submission of an occupancy permit application, the car parking bays and accessways shall be marked on site as indicated on the approved plans, and such marking shall be subsequently maintained so that the delineation of parking bays remains clearly visible at all times, to the satisfaction of the City of South Perth.

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17. Staff parking bays shall be permanently marked, maintained and legally accessible at all times for use exclusively by staff to the property, be clearly visible or suitably sign posted from the street or communal driveway, to the satisfaction of the City of South Perth.

18. Hard standing areas approved for the purpose of car parking or vehicle access shall be maintained in good condition at all times, free of potholes and dust and shall be adequately drained, to the satisfaction of the City of South Perth.

19. Prior to the submission of a building permit application, details of the proposed lighting to pathways and car parking areas shall be provided that is to the satisfaction of the City of South Perth.

20. Prior to the submission of an occupancy permit application, the applicant shall construct a crossover / vehicle accessway between the road and the property boundary in accordance with the approved plans, to the satisfaction of the City of South Perth. (Refer to the associated Advice Note)

21. The existing crossovers shall be removed and the verge and kerbing shall be reinstated to the satisfaction of the City of South Perth.

22. The height of any wall, fence or other structure shall be no higher than 0.75 metres within

1.5 metres of where any driveway meets any public street, to the satisfaction of the City of South Perth.

23. Prior to the submission of an occupancy permit application, all works required within the

public realm to facilitate the development are to be implemented at the owner’s expense, to the satisfaction of the City of South Perth, on the advice of Main Roads Western Australia and/or the affected service agency (where applicable).

24. The surface of the boundary walls on the northern/eastern side of the lot shall be finished in a clean material to the same standard as the rest of the development, to the satisfaction of the City of South Perth.

25. The acoustic fence adjacent to the laneway (R.O.W.) must be 2.4 metres in height above

ground level and of density equal, or greater, than 12 kg/m; and shall extend from the rear steps adjacent to the car stackers and bin store, along the eastern boundary of the R.O.W. to the southernmost extent of the R.O.W (Hobbs Avenue street boundary), subject to the provision of a visual sightline at the street boundary, to the satisfaction of the City.

26. Prior to the submission of an occupancy permit application, the acoustic fence shall be constructed to the satisfaction of the City of South Perth.

27. All stormwater from the property shall be discharged into soak wells or sumps located on the site unless otherwise approved by the City of South Perth.

28. External fixtures, such as air-conditioning infrastructure, shall be integrated into the design of the building so as to not be visually obtrusive when viewed from the street and to protect the visual amenity of residents in neighbouring properties, to the satisfaction of the City of South Perth.

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29. Prior to the submission of an occupancy permit application, landscaping areas shall be installed in accordance with the approved landscaping plan. All landscaping areas shall be maintained thereafter to the satisfaction of the City of South Perth.

30. Prior to the submission of a building permit application, the applicant is to submit documentation from the Green Building Council of Australia certifying that the development achieves a Green Star rating of at least 4 Stars or alternatively, documentation provided from another rating tool/system that achieves equivalent or greater performance standards than required by Green Star, shall be submitted to the City of South Perth. All sustainable design features proposed in the development shall be implemented.

31. The car stacker system has achieve the following minimum internal dimensions and

specifications for all car bays within the system:

a. Height: 2.1 metres. b. Length: 5.5 metres. c. Width: 2.5 metres. d. Weight bearing capacity: 2,600 kilograms.

32. The car stacker system shall be maintained as operational for the life of the building,

including in the event of a power failure.

33. All deliveries to the site and waste collections from the site are to take place between the hours of 7am to 6pm Monday to Saturday and 9am to 6pm on Sundays and Public Holidays, unless otherwise provided by a Delivery Management Plan or Waste Management Plan and shall be implemented to the satisfaction of the City of South Perth. The number of deliveries (to the back-of-house delivery area) is restricted to a maximum of 13 delivery vehicles per day.

34. Prior to the issue of a building licence, the applicant at its cost, shall prepare and submit

to the City of South Perth a Road Safety Audit with respect to the proposed development, with particular and specific reference to the anticipated impact of traffic generated by the proposal upon the operations of Collier Primary School. This condition shall be satisfied upon the City advising the applicant of its satisfaction with that audit.

35. In accordance with written correspondence from Main Roads Western Australia, dated

22 November 2017 and 20 March 2019, the following conditions are to be satisfied by the applicant:

a. Redundant driveways shall be removed and the verge and its vegetation made

good at the applicant’s expense. b. This approval does not pertain to the installation of any external advertisements


c. No earthworks shall encroach or no stormwater drainage shall be discharged onto the Canning Highway road reserve.

d. Roads works, as shown on plans DVC-Z661F SK10 Rev7, DVC-Z6616 SK14 Rev 4 and DVC-Z661G SK17 Rev2, are to be constructed prior to the occupancy of the development to the satisfaction of the City of South Perth on advice from Main Roads Western Australia.

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36. At the time the land within the Metropolitan Region Scheme Primary Regional Roads reserve is required for the widening of Canning Highway, all development within the reserve shall be removed at the owner’s cost, and without any payment of compensation by the Crown or the local government, to the satisfaction of the City of South Perth.

37. The approved land use of the retail tenancies and the supermarket tenancy is “Shop”.

38. The development shall be in accordance with the approved plans unless otherwise authorised by the City of South Perth, or the Metro Central Joint Development Assessment Panel.

39. The temporary at-grade carpark abutting Canning Highway shall, subject to time

restrictions, be available to the public at all times until it is required for the widening of Canning Highway.

Advice Notes 1. If the development the subject of this approval is not substantially commenced within a

period of 2 years, or another period specified in the approval after the date of the determination, the approval will lapse and be of no further effect.

2. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

3. If an applicant or owner is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination.

4. This is a notice of determination on application for development approval issued in accordance the Planning and Development Act 2005, the Planning and Development (Local Planning Schemes) Regulations 2015, the City of South Perth Town Planning Scheme No. 6, and related policies. It is not a building permit or an approval to carry out development under any other law. It is the responsibility of the applicant/owner to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

5. This approval is not an authority to ignore any constraint to development on the land, which may exist through statute, regulation, contract, or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City of South Perth to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

6. Prior to lodging an application for building permit and/or occupancy permit, the applicant/owner is required to satisfactorily address the outstanding planning matters identified in the Conditions of approval. The applicant/owner are advised that a matrix detailing actions taken to meet conditions of this approval is to be submitted to the City’s Planning department and written confirmation is to be received that all outstanding conditions are met, prior to submitting a building permit and/or occupancy permit application. A copy of this confirmation is to be submitted with the building permit and/or occupancy permit application. If associated actions are incomplete, the application for building permit will not be accepted by the City of South Perth.

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7. When submitting an application for building permit, an applicant who proposes any

variations from the planning approved plans is to submit a written description and highlighted plan of the variations, together with a request for approval of those variations. Only minor variations in accordance with City of South Perth Local Policy P689 will be supported without the need to an amended development application.

8. The applicant is advised of the need to comply with any relevant requirements of the City’s Engineering Infrastructure Services and Environmental Health Services, including but not limited to those detailed in the memorandums, dated 13 November 2017 and 22 November 2017 respectively.

9. Planning Approval or the subsequent issuing of a Building Permit by the City of South Perth is not consent for the construction of a crossing. As described in Management Practice M353 a ‘Crossing Application’ form must be formally submitted to City’s Engineering Infrastructure Services for approval prior to any works being undertaken within the road reserve.

10. In relation to the public art conditions, the City of South Perth will be required to give final consent for the proposed public art, including any art fund contribution arrangement. The public art contribution must be in line with the guidelines as indicated in the City’s Developer’s Toolkit. Once the developer has sourced an artist, determined the design and artwork they are to lodge an 'Artwork Concept Application' form and supporting material to the City for assessment. See Appendix 1 of City of South Perth Local Policy P316 – ‘Developer Contribution for Public Art and Public Art Spaces’ for the full Public Art Toolkit document.

11. The applicant/developer and the owners are to comply with the requirements set out in City of South Perth Local Policy P352 ‘Final Clearance Requirements for Completed Buildings’. As detailed in the policy, the applicant is to engage a licensed land surveyor to undertake survey measurements and to submit progress reports and the final report to the City for approval. The City will only issue the final clearance letter when all relevant requirements have been met.

12. Car park ventilation to be designed to ensure that the carbon monoxide build up in the parking area does not exceed 50 ppm per hour in accordance with the Health Act (Carbon Monoxide) Regulations 1975.

13. All mechanical ventilation services, motors and pumps e.g. air conditioners to be located in a position so as not to create a noise nuisance as determined by the Environmental Protection Act 1986 and Environmental Protection (Noise) Regulations 1997.

14. Issues relating to dividing fences are civil matters between the respective parties / landowners (i.e. not the City of South Perth) and these matters are controlled by the Dividing Fences Act 1961. For more information please contact the Building Commission or visit their website.

15. Any dewatering at the site will require approval from the Department of Water through a water abstraction licence.

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16. The detailed design review of the raised median in Canning Highway may require the developer to undertake consultation with the owners of the affected Canning Highway properties opposite the development site.

17. It is the applicant’s responsibility to liaise with Main Roads Western Australia, in order to satisfactorily address all requirements of their letters dated 22 November 2017 and 20 March 2019. As per the recommendation from that agency: a. The vehicle access shall be designed to only permit left in / left out access onto

Canning Highway, as shown on the approved site plan.

b. A solid median island is to be constructed in the Canning Highway road reservation to further enforce the left in / left out only access at the applicant’s expense.

c. A turning pocket (deceleration lane) is to be constructed into the site as shown on

the approved site plan at the applicant's expense.

d. This approval does not pertain to the installation of any external advertisements (a separate application and approval will be required for all external advertisements/signage for this development).

e. The developer shall be responsible for all costs involved in the land acquisition,

design and construction illustrated on the Main Roads approved plans dated 20 March 2019. This includes signing, road markings, relocation of services, street lighting and Main Roads costs involved in the checking of the design and construction drawings and any site inspections. All services, infrastructure or roadside furniture that requires relocation as a result of the applicant's works will be at the applicant's expense.

f. Construction works must occur without the need for closure of Canning Highway.

g. Main Roads approval for the construction drawings is required before any work is

undertaken within the Canning Highway road reservation. A detailed Traffic Management Safety Plan while working within the road reservation is to be submitted as part of this approval.

h. When Canning Highway is widened to include a dedicated bus lane, the turning

pocket will be lost. However, under current road laws, a car may drive in a bus lane for a permitted distance of 100m. There are no funds available for this work on the current four-year programme and therefore the timing of this work remains unknown.

i. The applicant must obtain approval from Main Roads before all works are

undertaken within the Canning Highway road reserve. The applicant seeking access to the Main Roads network will be required to submit an Application as outlined on Main Roads website > 'Our Roads' > ‘Conducting Works on Roads'.

j. Prior to applying for signage approval, the applicant should ensure that the

application addresses Main Roads policy and application guidelines which can be found on Main Roads website > 'Building Roads' > Standards & Technical' > Road and Traffic Engineering' > 'Traffic Management' > 'Roadside Advertising'.

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k. Proposing to undertake works on a State Roads will require a third party approval issued by Main Roads. This approval is a separate and distinct approval from a development approval issued under the Planning and Development Act 2005.

l. This property is affected by land reserved in the Metropolitan Region Scheme and

will be required for road purposes at some time in the future.

18. It is recommended that the applicant provides a Structural Engineer’s dilapidation report, at the applicant’s expense, specifying which structures on adjoining sites may be adversely affected by the works and providing a record of the existing condition of the structures.

19. The applicant is invited to liaise with Main Roads Western Australia and the City of South Perth in relation to the extension of the median strip on Canning Highway. Any approved extension shall be undertaken at the applicant’s cost.

20. In regard to Condition 33, the intent is to restrict the number of daily deliveries to the development through a consolidated and coordinated approach to deliveries, and minimise potential impacts on neighbouring properties and the locality generally.

The Report Recommendation (as amended) was put and CARRIED (3/2). For: Ms Rachel Chapman Ms Kym Petani Mr Michael Hardy Against: Cr Glenn Cridland Cr Tracie McDougall Reason: In accordance with details contained in the Responsible Authority Report and

Amending Motions.

Current Applications LG Name Property Location Application Description City of South Perth

Lots 2-20 (No. 72-74) Mill Point Road, South Perth

36 Level (118.2m) Mixed Use Development

City of Melville

Lots 1060 (No. 20) and 1061 (No. 22) Kintail Road, Applecross

16 Storey Mixed Use Residential Development with 91 apartments and 5 non-residential tenancies

City of Melville

Nos. 10, 12 & 14 (Lots 311, 800 & 801) Forbes Road and Nos. 40A, 40B & 40C (Lots 802, 803 & 804) Kishorn Road, Applecross

20 Storey Mixed Use Development comprising 97 Multiple Dwellings, 15 Short-Stay Accommodation Units and 5 non-residential tenancies (Office, Restaurant, Shop and 2 Co-Working Spaces)

City of South Perth

Lots 81 & 82 (No. 31) Labouchere Road & Lot 12 (No. 24) Lyall Street, South Perth

Mixed Use Development comprising commercial and residential land uses (41 Storey)

Meeting No.347

14 June 2019


Current Applications LG Name Property Location Application Description City of South Perth

Lot 4 (No. 3) Lyall Street & Lot 11 (No. 56) Melville Parade, South Perth

43 Storey Mixed Development

City of South Perth

Lots 29-31 (No. 50-52) Melville Parade, South Perth

31 Level (103.1m) Mixed Use Development

City of South Perth

Lots 207 & 206, Nos. 117 & 119 Lockhart Street, Como

Mixed Development within a 10 Storey (plus Basement and Roof Terrace) Building

Current Supreme Court Appeals

LG Name Property Location Application Description City of Melville Nos. 855 (Lot 368) & 857 (Lot

369) Canning Highway, Applecross & Nos. 1 (Lot 8), 2 (Lot 9), 3 (Lot 10), 4 (Lot 11), 5 (Lot 3), 6 (Lot 12), 7 (Lot 13) 37-39 & No. 41 (Lot 372) Reynolds Road, Mount Pleasant

Shop (Woolworths Supermarket, Pharmacy and Specialty) and Medical Centre

11. General Business / Meeting Closure

The A/Presiding Member reminded the meeting that in accordance with Section 7.3 of the DAP Standing Orders 2017, only the A/Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment. There being no further business, the Presiding Member declared the meeting closed at 7:26pm.

Documents

Metro Central Joint Development Assessment Panel Minutes€¦ · 7.15 Mr Dan Lees (element) presented in support of the application at Item 10.1 and responded to questions from the