Metro East Joint Development Assessment Panel Minutes... · 7.6 Mr Brendan Foley (LSV Borrello Lawyers) addressed the DAP in support of the application at Item 10.1 and responded

Meeting No. 204

21 June 2019

Mr Ian Birch Presiding Member, Metro East JDAP Page 1

Metro East Joint Development Assessment Panel

Minutes Meeting Date and Time: 21 June 2019, 11:00am Meeting Number: MEJDAP/204 Meeting Venue: City of Kalamunda Council Chambers 2 Railway Road Kalamunda Attendance

DAP Members Mr Ian Birch (Presiding Member) Mr Christopher Antill (A/Deputy Presiding Member) Mr Peter McNab (Specialist Member) Cr Sara Lohmeyer (Local Government Member, City of Kalamunda) Cr Brooke O'Donnell (Local Government Member, City of Kalamunda) Officers in attendance Ms Ivana Lazarus (City of Kalamunda) Mr Peter Varelis (City of Kalamunda) Mr Ryan Quinn (City of Kalamunda) Mr Raktim Barua (City of Kalamunda) Mr Cameron Chisholm (City of Kalamunda) Mr Chris Melsom (Chair of City of Kalamunda Design Advisory Committee) Mr Richard Theobold (Department of Health) Ms Eleanor Richards (Department of Planning, Lands and Heritage) Ms Katherine McKelvie (Governance Officer, DAP Secretariat) Minute Secretary Ms Katelyn Roddy-Dixon (City of Kalamunda) Ms Kristy Lisle (City of Kalamunda) Applicants and Submitters Mr John Brown Ms Ashley Schep Ms Ashley Schep on behalf of Mr Ken Gabriel Ms Marie Clarenc (Railaw Pty Ltd t/a Treetops Farm) Mr Deric Martin Mr Brendan Foley (LSV Borrello Lawyers) Mr Enzo Biagioni-Froudist (Peritas Group) Mr Nik Hidding (Peter Webb and Associates) Mr Mark Aronson (Mark Aronson Architecture (Maarch)) Mr Rosh Jalagge (Roshana Group of Companies) Mr Dinu Ekanayake (Roshana Group of Companies)

Meeting No. 204

21 June 2019


Members of the Public / Media There were 10 members of the public in attendance. 1. Declaration of Opening

The Presiding Member declared the meeting open at 11:00am on 21 June 2019 and acknowledged the past and present traditional owners and custodians of the land on which the meeting was being held.

The 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. The Presiding Member advised that in accordance with Section 5.16 of the DAP Standing Orders 2017 which states 'A person must not use any electronic, visual or audio recording device or instrument to record the proceedings of the DAP meeting unless the Presiding Member has given permission to do so.', the meeting would not be recorded.

2. Apologies

Ms Kym Petani (Deputy Presiding Member) Cr Dylan O'Connor (Local Government Member, City of Kalamunda)

3. Members on Leave of Absence Nil

4. Noting of Minutes

DAP members noted that signed minutes of previous meetings are available on the DAP website.

5. Declaration of Due Consideration

All members declared that they had duly considered the documents and acknowledge receipt of additional information circulated prior to the commencement of the meeting.

6. Disclosure of Interests

In accordance with section 2.4.10 of the DAP Code of Conduct 2017, DAP Members, Mr Ian Birch and Mr Peter McNab, declared that they 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, Mr Birch and Mr McNab acknowledged that they are 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 them, which will be considered on its planning merits.

https://www.dplh.wa.gov.au/about/development-assessment-panels/daps-agendas-and-minutes

Meeting No. 204

21 June 2019


7. Deputations and Presentations 7.1 Mr John Brown addressed the DAP against the application at Item 10.1 and

responded to questions from the panel. 7.2 Ms Ashley Schep addressed the DAP against the application at Item 10.1

and responded to questions from the panel. 7.3 Ms Ashley Schep on behalf of Mr Ken Gabriel addressed the DAP against

the application at Item 10.1. 7.4 Ms Marie Clarenc (Railaw Pty Ltd t/a Treetops Farm) addressed the DAP

against the application at Item 10.1. 7.5 Mr Deric Martin addressed the DAP against the application at Item 10.1 and

responded to questions from the panel. 7.6 Mr Brendan Foley (LSV Borrello Lawyers) addressed the DAP in support of

the application at Item 10.1 and responded to questions from the panel. 7.7 Mr Enzo Biagioni-Froudist (Peritas Group) addressed the DAP in support of

the application at Item 10.1 and responded to questions from the panel. 7.8 Mr Nik Hidding (Peter Webb and Associates) addressed the DAP in support

of the application at Item 10.1 and responded to questions from the panel. PROCEDURAL MOTION Moved by: Mr Ian Birch Seconded by: Cr Sara Lohmeyer That the meeting be adjourned for a 10 minute comfort break. The Procedural Motion was put and CARRIED UNANIMOUSLY. The meeting was adjourned at 12:40pm. The meeting was reconvened at 12:55pm.

7.9 Mr Mark Aronson (Mark Aronson Architecture (Maarch)) addressed the DAP in support of the application at Item 10.1. and responded to questions from the panel

7.10 Mr Rosh Jalagge (Roshana Group of Companies) addressed the DAP in

support of the application at Item 10.1. 7.11 The City of Kalamunda Officers responded to questions from the panel in

relation to the application at Item 10.1. 7.12 Mr Richard Theobald (Department of Health) responded to questions from

the panel in relation to the application at Item 10.1. 7.13 Mr Chris Melsom (Chair of City of Kalamunda Deign Advisory Committee)

responded to questions from the panel in relation to the application at Item 10.1.

Meeting No. 204

21 June 2019


8. Form 1 – Responsible Authority Reports – DAP Applications

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

development approval

Nil 10. Appeals to the State Administrative Tribunal and Supreme Court

10.1 Property Location: Lot 7 (24) Valencia Road, Carmel Development Description: Extension to existing ‘Aged Residential Care’

Facility Applicant: Peter Webb and Associates Owner: Burswood Care Pty Ltd Responsible Authority: City of Kalamunda DAP File No: DAP/17/01328

REPORT RECOMMENDATION Prior to the meeting, the City provided the panel with a revised set of conditions. The administration provided clarification and answered questions from the panel in relation to revisions to the conditions at item 7.11. It was this revised recommendation that was moved and seconded. Moved by: Mr Peter McNab Seconded by: Mr Christopher Antill That the Metro East Joint Development Assessment Panel, pursuant to Section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DAP/01328 of 2018, resolves to: RECONSIDER its decision dated 15 June 2018 and APPROVE DAP Application reference DAP17/01328 and accompanying amended plans and supporting documentation in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Kalamunda Local Planning Scheme No. 3, subject to the following conditions: Conditions 1. The development, the subject of this approval must comply with the approved

plans at all times unless otherwise approved in writing by the JDAP or the City. 2. The development being carried out generally in accordance with the approved

plan(s)/drawing(s) and document(s) listed below, including any amendments to those plans notated by officers of the City in red, or arising as a result of other conditions of this approval.

Plan No. Document

Title

Rev. Title Date Prepared by

Site Plan D DA2 11/06/2019 Maarch*

Meeting No. 204

21 June 2019


First Floor

Setbacks

C DA3 06/06/2019 Maarch*

Ground Floor Plan C DA5 06/06/2019 Maarch*

First Floor C DA6 06/06/2019 Maarch*

Overshadow

Diagram

C DA7 06/06/2019 Maarch*

South-West

Elevation

C DA10 06/06/2019 Maarch*

North-East

Elevation

C DA12 06/06/2019 Maarch*

North-West

Elevation

C DA13 06/06/2019 Maarch*

South-East

Elevation

C DA15 06/06/2019 Maarch*

Sections C DA16 06/06/2019 Maarch*

Plant Locations C DA20 06/06/2018 Maarch*

Bushfire

Management Plan

1 - 02/10/2017 RUIC Fire

Stormwater

Concept Plan

G PC16117-CI-400 06/06/2019 Peritas Group

Wastewater

Disposal System

Layout Plan

H PC16117-CI-600 06/06/2019 Peritas Group

Stormwater

Drainage Swale

Sections

C PC16117-CI-410 06/06/2019 Peritas Group

Geotechnical

Investigation

2 - 03/12/2018 Local

Geotechnics

Site & Soil

Evaluation Report

0 - 26/11/2018 Peritas Group

Revised

Architectural

Drawing Review

- - 17/05/2019 Peritas Group

Traffic Impact

Assessment

- - 11/06/2019 Apex Engineers

3. The applicant submitting amended plan(s)/drawing(s) and document(s), to the

City of Kalamunda for approval, within 90 days of this decision and generally in accordance with:

Meeting No. 204

21 June 2019


Landscape

Development

Application

- P19-009 07/06/2019 Propagule

Bushfire

Emergency

Evacuation Plan

1 - 12/09/2017 RUIC Fire

showing the following amendments:

i. Landscape Plan to be amended as follows:

a) A permanent screening device, such as a timber screen, enclosing the

septic tanks with a minimum height of 1.8 metres, at least 75 per cent obscure, permanently fixed and made of durable material.

b) The height of the proposed chain wire fence enclosing the septic tanks is to be a minimum height of 1.8 metres.

c) A species selection shall be provided for the climbers proposed on the chainwire fence.

d) A minimum of one (1) shade tree provided for every four (4) car parking bays. The tree species recommended to be Eucalyptus torquata or Jacaranda mimosifolia and is to be a minimum 90L advanced pot size.

e) All proposed boundary fencing is to be a minimum of 1.8 metres in height.

f) All proposed boundary fencing is not to encroach into the front setback area (within 15 metres of the front boundary).

ii. Amended Bushfire Management Plan & Bushfire Evacuation Plan

(evacuation as the preliminary response) to the satisfaction of the City of Kalamunda on the advice of the Department of Fire and Emergency Services.

Once approved, the amended plan(s)/drawing(s) and recommendations made by document(s) are to be implemented prior to occupation of the development and maintained in perpetuity.

4. The approved landscaping and reticulation plan shall be fully implemented within the first available planting season after the initial occupation of the development and maintained thereafter, to the satisfaction of the City of Kalamunda. Any species which fail to establish within the first two planting seasons following implementation shall be replaced at the landowners cost in accordance with the City’s requirements.

5. Prior to applying for a Building Permit, the applicant is to submit and have approved information relating to the screening device enclosing the septic tanks to the satisfaction of the City of Kalamunda. The screening device is to be a minimum height of 1.8 metres, must be at least 75 per cent obscure, permanently fixed and made of durable material.

6. Prior to applying for a Building Permit, the applicant is to submit and have

approved information relating to external finishes and colour schemes to the satisfaction of the City of Kalamunda. Prior to the occupation of the development,

Meeting No. 204

21 June 2019


the approved external finishes and colour schemes are to be implemented to the satisfaction of the City of Kalamunda.

7. Prior to applying for a Building Permit, a Noise Management Plan demonstrating

compliance with the Environmental Protection (Noise) Regulations 1997 must be prepared by the applicant and approved by the City of Kalamunda. The Noise Management Plan is to be prepared by an appropriately qualified acoustic consultant (such as a member of the Australian Acoustical Society or the Association of Australian Acoustical Consultants) and implemented in perpetuity to the satisfaction of the City of Kalamunda.

8. Prior to applying for a Building Permit, a Waste Management Plan must be

prepared by the applicant and approved by the City of Kalamunda. The Waste Management Plan must include the following detail to the satisfaction of the City of Kalamunda:

i. the location of bin storage areas and bin collection areas; ii. the number, volume and type of bins, and the type of waste to be placed in

the bins; iii. management of the bins and the bin storage areas, including cleaning,

rotation and moving bins to and from the bin collection areas; and iv. frequency of bin collections.

All works must be carried out in accordance with the Waste Management Plan, must be implemented prior to the occupation of the development, and thereafter maintained in perpetuity to the satisfaction of the City of Kalamunda.

9. Prior to applying for a Building Permit, an Amenity Management Plan must be prepared by the applicant and approved to the City of Kalamunda. The Amenity Management Plan is to detail the amenity impacts to residents of the development from adjoining high risk land uses (i.e. poultry farm) and the proposed mitigation measures (i.e. noise, dust, odour, flies and lighting). The approved Amenity Management Plan must be implemented prior to the occupation of the development and thereafter maintained in perpetuity to the satisfaction of the City of Kalamunda.

10. Prior to applying for a Building Permit, a revised stormwater design inclusive of additional permeability testing to be submitted to the satisfaction of the City of Kalamunda.

11. Prior to applying for a Building Permit, an External Lighting Plan must be

prepared by the applicant and approved by the City of Kalamunda. The External Lighting Plan must include the following detail to the satisfaction of the City of Kalamunda:

i. Detailing lighting to internal driveways, carparks, pathways, areas of open

space; ii. All lighting shall be designed and installed so that as far as reasonably

possible, by way of hooding and orientation, minimal light will be cast onto any adjoining property; and

iii. Lighting shall not cause a nuisance to adjoining residents or the travelling public and shall comply at all times with the requirements stipulated under the Australian Standard 4282-1997 (Control of the obtrusive effects of outdoor lighting).

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21 June 2019


The approved External Lighting Plan must be implemented prior to the occupation of the development and thereafter maintained in perpetuity to the satisfaction of the City of Kalamunda.

12. Prior to applying for a Building Permit, a Construction Management Plan must be prepared by the applicant approved by the City of Kalamunda. The Construction Management Plan shall detail how the construction of the development will be maintained including the following:

i. Public safety and site security; ii. Hours of operation; iii. Noise and vibration controls; iv. Air and dust management; v. Stormwater, groundwater and sediment control; vi. Waste and material disposal; vii. Traffic management plans for various phases of the construction, including

any proposed road closures; viii. The parking arrangements for contractors and sub-contractors; ix. On-site delivery times and access arrangements; x. The storage of materials and equipment on site (no storage of materials on

the verge will be permitted); and xi. Any other matters likely to impact upon the surrounding properties or road

reserve. The approved Construction Management Plan must be implemented prior to the commencement of works and thereafter maintained in perpetuity to the satisfaction of the City of Kalamunda.

13. Prior to the lodgement of a Building Permit, a Wastewater Management Plan must be prepared by the applicant and approved by the City of Kalamunda. The approved Wastewater Management Plan must be implemented prior to the occupation of the development and thereafter maintained in perpetuity to the satisfaction of the City of Kalamunda.

14. The applicant is advised that this development approval does not authorise the

removal of any vegetation other than any identified for removal on the approved plan(s). Prior to the commencement of development works on site, the applicant shall provide a detailed Tree Protection Plan to be approved by the City of Kalamunda. The Tree Protection Plan shall outline management measures to ensure compliance with AS4970-2009 (Protection of Trees on Development Sites) and must include the following to the satisfaction of the City of Kalamunda:

i. Install protective fencing to prevent any damage to the trees in general

accordance with Section 4.3 of AS4970-2009; ii. Provide signage identifying the ‘Tree Protection Zone’ on exclusion fencing; iii. Ensure trees are protected from harm during works on site; and iv. Include the protection trees on adjoining properties which have the potential

to be impacted by development works. 15. Prior to the occupation of the development, major openings within 4.5 metres of

the property boundary, which have a finished floor level of more than 0.5 metres above natural ground level, must be provided with permanent screening to block the cone of vision onto any adjoining property. The permanent screening devices

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21 June 2019


(i.e. obscure glazing, timber screens, external blinds, window hoods or shutters) must be at least 1.6 metres in height, at least 75 per cent obscure, permanently fixed, made of durable material and maintained in perpetuity of the development.

16. The provision of seven (7) verge car parking bays being provided perpendicular to

Valencia Road in accordance with the approved plans, prior to the occupation of the development. The verge car parking bays are to be designed and constructed to the satisfaction of the City of Kalamunda.

17. Prior to the occupation of the development, all car parking areas must meet the

following requirements: i. The provision and maintenance of a minimum of 42 car parking spaces,

which are designed, constructed, sealed, kerbed, drained and marked in accordance with Australian/New Zealand Standard AS/NZS 2890.1:2004, Parking facilities, Part 1: Off street car parking;

ii. The provision and maintenance of a minimum of four (4) car parking space(s) dedicated to people with disabilities, which are designed, constructed, sealed, kerbed, drained and marked in accordance with Australian/New Zealand Standard AS/NZS 2890.6:2009, Parking facilities, Part 6: Off street parking for people with disabilities and which are linked to the main entrance of the development by a continuous accessible path of travel designed and constructed in accordance with Australian Standard AS 1428.1 2009, Design for access and mobility, Part 1: General Requirements for access New building work;

iii. Vehicle parking, manoeuvring and circulation areas are to be suitably constructed, sealed, kerbed, line marked and drained to the specification and satisfaction of the City of Kalamunda and Australian Standard AS2890; and

iv. Comply with the above requirements and be maintained to the satisfaction of the City of Kalamunda in perpetuity.

18. All visitor and staff parking associated with the proposed development shall be

contained within the car parking areas on site and the formalised verge bays, unless otherwise approved by the City of Kalamunda.

19. Prior to the occupation of the development, all redundant vehicle crossover(s)

must be removed and the kerbing, verge, and footpath (where relevant) reinstated with grass or landscaping in accordance with the approved landscape plan and thereafter maintained in perpetuity to the satisfaction of the City of Kalamunda.

20. All crossovers being located and constructed in accordance with the approved

plans and the City of Kalamunda specifications.

21. Prior to the occupation of the development, the internal driveway must be constructed and drained at the landowners cost to the satisfaction of the City of Kalamunda and thereafter maintained in perpetuity.

22. Prior to the occupation of the development, boundary fencing is to be installed in

accordance with the approved landscape plan and maintained thereafter in perpetuity.

23. Prior to the occupation of the development, all existing septic sewer systems

including all tanks, pipes and associated drainage systems (soak wells or leach

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21 June 2019


drains) are to be decommissioned, removed, filled with clean sand and compacted. The applicant must provide a statutory declaration to the City of Kalamunda stating that the site has been inspected and all effluent disposal systems have been removed. A pro-forma for this declaration is available from the City of Kalamunda.

24. Prior to the occupation of the development, the facility must be connected to a

suitable on-site effluent disposal system to the satisfaction of the City of Kalamunda and the Western Australian Department of Health.

25. No more than 120 residents and 30 staff members are permitted to reside on the

site at any one time.

26. The nine (9) car parking bays and loading bay located towards the south-west and south-east corner of the site are not permitted for use between the hours of 7:00pm and 7:00am. Prior to the occupation of the development, signage is to be installed reflecting this restriction to the satisfaction of the City of Kalamunda.

27. The incidental uses of salon, cinema and consultant rooms shall be restricted to

use by the residents of the aged care facility and must not be made available for public use.

28. All external fixtures (e.g. service equipment, mechanical ventilation, water tanks,

compressors etc.) must be installed, located and screened, prior to occupation of the development and maintained in perpetuity to the satisfaction of the City of Kalamunda, so as to avoid adverse effects, including noise and visual amenity of nearby properties.

29. All stormwater drainage from roofed and paved areas being disposed of to the

specification and satisfaction of the City of Kalamunda in accordance with the approved Stormwater Management Plan.

30. No development (including fencing, letter boxes or any other structures) or

landscaping over 0.75 metres in height is to be located within the 1.5 metre x 1.5 metre sightline truncation where the vehicle access point meets the road reserve to the satisfaction of the City of Kalamunda.

31. A notification under section 70A of the Transfer of Land Act 1893 or section 6(1)

of the Strata Titles Act 1985 being registered over the Certificate of Title of the subject lot, prior to the occupation of the development, to notify owners and prospective purchasers of the land of the factors affecting the use of the land.

The notification is to be prepared and executed at the applicant's cost to the satisfaction of the City of Kalamunda and is to state as follows: 'This land is within a bushfire prone area as designated by an Order made by the Fire and Emergency Services Commissioner and is subject to a Bushfire Management Plan and Bushfire Evacuation Plan. Additional planning and building requirements may apply to development on this land’.

32. Construction of retaining walls to be designed and certified by an accredited qualified Structural Engineer and details of any retaining walls shall be submitted to the City of Kalamunda.

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21 June 2019


33. Prior to the lodgement of a building permit, a Boundary Fencing Plan being submitted to the City of Kalamunda for approval. The approved plan is to be implemented prior to occupation and maintained in perpetuity.

Advice Notes: A. A Building Permit is required prior to the commencement of work.

B. The submitted Building Permit application plans are to be consistent with the

plans that form part of the relevant planning approval, to the satisfaction of the City of Kalamunda.

C. Attention is drawn to the requirements for access to buildings for people with

disabilities in accordance with the Building Code of Australia and AS1428.1. Detailed drawings are to be submitted with the Building Permit application identifying means of access from carparking areas to the entrance of the building and throughout the building, as required by AS1428.1.

D. This approval does not relate to any signage, with a separate application to be

lodged and approved by the City of Kalamunda.

E. The operation/development is to comply with the Environmental Protection (Noise) Regulations 1997.

F. The applicant is required to submit an Application for Registration of a Food

Business accompanied with the appropriate registration fee a minimum of two weeks prior to commencing operation. The Application must include floor plans and elevations of the kitchen and bar areas detailing all fixtures, fittings and finishes to the City’s Health Service so that assessment may be made against the requirements of the Food Standards Code and advice can be provided before commencing construction. Such advice will aid in preventing expense and delays caused by the possible need to rectify structural non-compliances at the time of completion.

G. The applicant must book a food premises inspection with the City’s Health

Service prior to commencing operations. The premise must meet all requirements and pass the inspection without requiring any corrective actions before it will be allowed to trade.

H. The applicant is advised that the food premises must comply with the Food Act

2008 and Food Standards Code. Further advice on these requirements is available from the City’s Health Service on 9257 9813.

I. A new effluent disposal system that complies with the Health (Treatment of

Sewage and Disposal of Effluent and Liquid Waste) Regulation 1974 must be installed.

J. The applicant is advised that an “Application to Construct or Install an Apparatus

for the Treatment of Sewage” must be submitted and approved before a building licence will be issued. The application form can be found at: http://www.kalamunda.wa.gov.au/Services/Health/Effluent-Disposal. An application is required for both the temporary holding tank and final proposed wastewater management system.

http://www.kalamunda.wa.gov.au/Services/Health/Effluent-Disposal

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21 June 2019


K. Clearances are to be maintained from the waste water disposal system(s) to new buildings and boundaries in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

L. The applicant is reminded of their obligations to comply with the “Land

development sites and impacts on air quality: a guideline for the prevention of dust and smoke pollution from land development sites in Western Australia”, prepared by the Department of Water and Environment Regulation.

M. The applicant is advised that under the Fly Eradication Regulations pursuant to

the Health Act 1911, it is an offence to place, trow or leave or permit or cause to be placed thrown or left on the land or premises any waste food, manure, refuse, garbage, waste matter or other matter whatsoever, which is likely to attract or be a breeding place for flies, unless that food waste, manure, refuse, garbage, waste matter or other matter is covered, protected, treated or dealt with in such a manner as to effectively prevent it attracting or being a breeding place for flies.

N. The applicant is advised that sanitary facilities must comply with the Sewerage

(Lighting, Ventilation and Construction) Regulations 1971.

O. The applicant is advised that due to the close proximity of neighbouring properties any air conditioning units should be located to minimise the potential for noise intrusion to neighbouring properties and must comply with Assigned Noise Levels as detailed in the Environmental Protection (Noise) Regulations 1997 (amended).

P. The applicant is advised that the Aerobic Treatment Unit must comply with

requirements stipulated in the “Code of Practice for the Design, Manufacture, installation and Operation of Aerobic Treatment Units (ATUs)”. The ATU is to have a maximum permissible noise level of 40dB(A) on fast response at 1m from the nearest noise emitting equipment.

Q. The applicant is required to submit a Hairdresser/Skin Penetration Premises

Notification Form a minimum of two weeks prior to commencing operation.

R. The applicant is advised that light being emitted or reflected from the land is not to create a nuisance to neighbouring properties as per the Local Government Act 1995. It is recommended that the “Australian Standards AS 4282-1997 Control of Obstructive Effects of Outdoor Lighting” be utilised as a guide.

S. In regard to the amendments required to the landscaping plan the applicant is

advised any of the following climbing plant species would be suitable to grow over a timber fence or similar:

• Hibbertia scandens

• Hardenbergia comptoniana (native wisteria) or

• Kennedia prostrata (running postman). T. The applicant is advised of their obligations under the Environment Protection and

Biodiversity Conservation Act 1999 (EPBC Act).

U. In regards to the condition pertaining to stormwater design, the applicant is advised the following:

Meeting No. 204

21 June 2019


• A number of infiltration testing needs to be carried out at detailed engineering drawing submission to achieve more realistic infiltration conditions of the site at the invert level of soak wells in accordance with the procedures outlined in AS/NZS 1547:2012 Onsite Domestic Wastewater Management to support retention strategy for the drainage design to the specification and satisfaction of the City.

• An additional standby pump needs to be incorporated in the detailed engineering drawing so that at least one can be operational if one fails.

AMENDING MOTION 1 Moved by: Mr Peter McNab Seconded by: Mr Christopher Antill The following amendments were made en bloc: (i) That Condition 9 (now Condition 8) be amended to read as follows:

Prior to applying for a Building Permit, an Amenity Management Plan must be prepared by the applicant and approved to the City of Kalamunda. The Amenity Management Plan is to detail the amenity impacts to residents of the development from adjoining high risk land uses (i.e.e.g. poultry farm) and the proposed mitigation measures (i.e. noise, dust, odour, flies and lighting). The approved Amenity Management Plan must be implemented prior to upon the occupation of the development and thereafter maintained in perpetuity for the duration of the development to the satisfaction of the City of Kalamunda.

REASON: Clearer wording for intent of condition.

(ii) That all references to “in perpetuity” be amended to read as “for the duration of the development”.

REASON: Clearer wording for intent of condition. (iii) That a new Advice Note V be added to read as follows:

Pursuant to clause 26 of the Metropolitan Region Scheme, this approval is deemed to be an approval under clause 24(1) of the Metropolitan Region Scheme.

REASON: This is reference to an established statutory provision and appeared in the original draft conditions, but was deleted in the substituted conditions and it was considered to be a useful additional advice note. (iv) That Condition 1 be moved to Advice Note W and remaining conditions be

renumbered accordingly. REASON: This is covered by Condition 2 (now Condition 1). The Amending Motion was put and CARRIED UNAMIOUSLY.

Meeting No. 204

21 June 2019


AMENDING MOTION 2 Moved by: Mr Christopher Antill Seconded by: Mr Ian Birch That Condition 24 (now Condition 23) be amended to read as follows:

Prior to the occupation of the development, the facility must be connected to a suitable on-site effluent disposal system to the satisfaction of the City of Kalamunda and on the advice of the Western Australian Department of Health.

The Amending Motion was put and CARRIED UNAMIOUSLY. REASON: A condition cannot leave open a requirement for a third party approval. REPORT RECOMMENDATION (AS AMENDED) That the Metro East Joint Development Assessment Panel, pursuant to Section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DAP/01328 of 2018, resolves to: RECONSIDER its decision dated 15 June 2018 and APPROVE DAP Application reference DAP17/01328 and accompanying amended plans and supporting documentation in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Kalamunda Local Planning Scheme No. 3, subject to the following conditions: Conditions 1. The development being carried out generally in accordance with the approved

plan(s)/drawing(s) and document(s) listed below, including any amendments to those plans notated by officers of the City in red, or arising as a result of other conditions of this approval.

Plan No. Document

Title

Rev. Title Date Prepared by

Site Plan D DA2 11/06/2019 Maarch*

First Floor

Setbacks

C DA3 06/06/2019 Maarch*

Ground Floor Plan C DA5 06/06/2019 Maarch*

First Floor C DA6 06/06/2019 Maarch*

Overshadow

Diagram

C DA7 06/06/2019 Maarch*

South-West

Elevation

C DA10 06/06/2019 Maarch*

North-East

Elevation

C DA12 06/06/2019 Maarch*

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21 June 2019


North-West

Elevation

C DA13 06/06/2019 Maarch*

South-East

Elevation

C DA15 06/06/2019 Maarch*

Sections C DA16 06/06/2019 Maarch*

Plant Locations C DA20 06/06/2018 Maarch*

Bushfire

Management Plan

1 - 02/10/2017 RUIC Fire

Stormwater

Concept Plan

G PC16117-CI-400 06/06/2019 Peritas Group

Wastewater

Disposal System

Layout Plan

H PC16117-CI-600 06/06/2019 Peritas Group

Stormwater

Drainage Swale

Sections

C PC16117-CI-410 06/06/2019 Peritas Group

Geotechnical

Investigation

2 - 03/12/2018 Local

Geotechnics

Site & Soil

Evaluation Report

0 - 26/11/2018 Peritas Group

Revised

Architectural

Drawing Review

- - 17/05/2019 Peritas Group

Traffic Impact

Assessment

- - 11/06/2019 Apex Engineers

2. The applicant submitting amended plan(s)/drawing(s) and document(s), to the

City of Kalamunda for approval, within 90 days of this decision and generally in accordance with:

Landscape

Development

Application

- P19-009 07/06/2019 Propagule

Bushfire

Emergency

Evacuation Plan

1 - 12/09/2017 RUIC Fire

showing the following amendments:

i. Landscape Plan to be amended as follows:

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21 June 2019


a) A permanent screening device, such as a timber screen, enclosing the septic tanks with a minimum height of 1.8 metres, at least 75 per cent obscure, permanently fixed and made of durable material.

b) The height of the proposed chain wire fence enclosing the septic tanks is to be a minimum height of 1.8 metres.

c) A species selection shall be provided for the climbers proposed on the chainwire fence.

d) A minimum of one (1) shade tree provided for every four (4) car parking bays. The tree species recommended to be Eucalyptus torquata or Jacaranda mimosifolia and is to be a minimum 90L advanced pot size.

e) All proposed boundary fencing is to be a minimum of 1.8 metres in height.

f) All proposed boundary fencing is not to encroach into the front setback area (within 15 metres of the front boundary).

ii. Amended Bushfire Management Plan & Bushfire Evacuation Plan

(evacuation as the preliminary response) to the satisfaction of the City of Kalamunda on the advice of the Department of Fire and Emergency Services.

Once approved, the amended plan(s)/drawing(s) and recommendations made by document(s) are to be implemented prior to occupation of the development and maintained for the duration of the development.

3. The approved landscaping and reticulation plan shall be fully implemented within the first available planting season after the initial occupation of the development and maintained thereafter, to the satisfaction of the City of Kalamunda. Any species which fail to establish within the first two planting seasons following implementation shall be replaced at the landowners cost in accordance with the City’s requirements.

4. Prior to applying for a Building Permit, the applicant is to submit and have approved information relating to the screening device enclosing the septic tanks to the satisfaction of the City of Kalamunda. The screening device is to be a minimum height of 1.8 metres, must be at least 75 per cent obscure, permanently fixed and made of durable material.

5. Prior to applying for a Building Permit, the applicant is to submit and have

approved information relating to external finishes and colour schemes to the satisfaction of the City of Kalamunda. Prior to the occupation of the development, the approved external finishes and colour schemes are to be implemented to the satisfaction of the City of Kalamunda.

6. Prior to applying for a Building Permit, a Noise Management Plan demonstrating

compliance with the Environmental Protection (Noise) Regulations 1997 must be prepared by the applicant and approved by the City of Kalamunda. The Noise Management Plan is to be prepared by an appropriately qualified acoustic consultant (such as a member of the Australian Acoustical Society or the Association of Australian Acoustical Consultants) and implemented for the duration of the development to the satisfaction of the City of Kalamunda.

7. Prior to applying for a Building Permit, a Waste Management Plan must be

prepared by the applicant and approved by the City of Kalamunda. The Waste

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Management Plan must include the following detail to the satisfaction of the City of Kalamunda:

i. the location of bin storage areas and bin collection areas; ii. the number, volume and type of bins, and the type of waste to be placed in

the bins; iii. management of the bins and the bin storage areas, including cleaning,

rotation and moving bins to and from the bin collection areas; and iv. frequency of bin collections.

All works must be carried out in accordance with the Waste Management Plan, must be implemented prior to the occupation of the development, and thereafter maintained for the duration of the development to the satisfaction of the City of Kalamunda.

8. Prior to applying for a Building Permit, an Amenity Management Plan must be prepared by the applicant and approved to the City of Kalamunda. The Amenity Management Plan is to detail the amenity impacts to residents of the development from adjoining high risk land uses (e.g. poultry farm) and the proposed mitigation measures (i.e. noise, dust, odour, flies and lighting). The approved Amenity Management Plan must be implemented upon the occupation of the development and thereafter maintained for the duration of the development to the satisfaction of the City of Kalamunda.

9. Prior to applying for a Building Permit, a revised stormwater design inclusive of additional permeability testing to be submitted to the satisfaction of the City of Kalamunda.

10. Prior to applying for a Building Permit, an External Lighting Plan must be

prepared by the applicant and approved by the City of Kalamunda. The External Lighting Plan must include the following detail to the satisfaction of the City of Kalamunda:

i. Detailing lighting to internal driveways, carparks, pathways, areas of open

space; ii. All lighting shall be designed and installed so that as far as reasonably

possible, by way of hooding and orientation, minimal light will be cast onto any adjoining property; and

iii. Lighting shall not cause a nuisance to adjoining residents or the travelling public and shall comply at all times with the requirements stipulated under the Australian Standard 4282-1997 (Control of the obtrusive effects of outdoor lighting).

The approved External Lighting Plan must be implemented prior to the occupation of the development and thereafter maintained for the duration of the development to the satisfaction of the City of Kalamunda.

11. Prior to applying for a Building Permit, a Construction Management Plan must be prepared by the applicant approved by the City of Kalamunda. The Construction Management Plan shall detail how the construction of the development will be maintained including the following:

i. Public safety and site security; ii. Hours of operation;

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21 June 2019


iii. Noise and vibration controls; iv. Air and dust management; v. Stormwater, groundwater and sediment control; vi. Waste and material disposal; vii. Traffic management plans for various phases of the construction, including

any proposed road closures; viii. The parking arrangements for contractors and sub-contractors; ix. On-site delivery times and access arrangements; x. The storage of materials and equipment on site (no storage of materials on

the verge will be permitted); and xi. Any other matters likely to impact upon the surrounding properties or road

reserve. The approved Construction Management Plan must be implemented prior to the commencement of works and thereafter maintained for the duration of the development to the satisfaction of the City of Kalamunda.

12. Prior to the lodgement of a Building Permit, a Wastewater Management Plan must be prepared by the applicant and approved by the City of Kalamunda. The approved Wastewater Management Plan must be implemented prior to the occupation of the development and thereafter maintained for the duration of the development to the satisfaction of the City of Kalamunda.

13. The applicant is advised that this development approval does not authorise the

removal of any vegetation other than any identified for removal on the approved plan(s). Prior to the commencement of development works on site, the applicant shall provide a detailed Tree Protection Plan to be approved by the City of Kalamunda. The Tree Protection Plan shall outline management measures to ensure compliance with AS4970-2009 (Protection of Trees on Development Sites) and must include the following to the satisfaction of the City of Kalamunda:

i. Install protective fencing to prevent any damage to the trees in general

accordance with Section 4.3 of AS4970-2009; ii. Provide signage identifying the ‘Tree Protection Zone’ on exclusion fencing; iii. Ensure trees are protected from harm during works on site; and iv. Include the protection trees on adjoining properties which have the potential

to be impacted by development works. 14. Prior to the occupation of the development, major openings within 4.5 metres of

the property boundary, which have a finished floor level of more than 0.5 metres above natural ground level, must be provided with permanent screening to block the cone of vision onto any adjoining property. The permanent screening devices (i.e. obscure glazing, timber screens, external blinds, window hoods or shutters) must be at least 1.6 metres in height, at least 75 per cent obscure, permanently fixed, made of durable material and maintained for the duration of the development of the development.

15. The provision of seven (7) verge car parking bays being provided perpendicular to

Valencia Road in accordance with the approved plans, prior to the occupation of the development. The verge car parking bays are to be designed and constructed to the satisfaction of the City of Kalamunda.

16. Prior to the occupation of the development, all car parking areas must meet the

following requirements:

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i. The provision and maintenance of a minimum of 42 car parking spaces,

which are designed, constructed, sealed, kerbed, drained and marked in accordance with Australian/New Zealand Standard AS/NZS 2890.1:2004, Parking facilities, Part 1: Off street car parking;

ii. The provision and maintenance of a minimum of four (4) car parking space(s) dedicated to people with disabilities, which are designed, constructed, sealed, kerbed, drained and marked in accordance with Australian/New Zealand Standard AS/NZS 2890.6:2009, Parking facilities, Part 6: Off street parking for people with disabilities and which are linked to the main entrance of the development by a continuous accessible path of travel designed and constructed in accordance with Australian Standard AS 1428.1 2009, Design for access and mobility, Part 1: General Requirements for access New building work;

iii. Vehicle parking, manoeuvring and circulation areas are to be suitably constructed, sealed, kerbed, line marked and drained to the specification and satisfaction of the City of Kalamunda and Australian Standard AS2890; and

iv. Comply with the above requirements and be maintained to the satisfaction of the City of Kalamunda for the duration of the development.

17. All visitor and staff parking associated with the proposed development shall be

contained within the car parking areas on site and the formalised verge bays, unless otherwise approved by the City of Kalamunda.

18. Prior to the occupation of the development, all redundant vehicle crossover(s)

must be removed and the kerbing, verge, and footpath (where relevant) reinstated with grass or landscaping in accordance with the approved landscape plan and thereafter maintained for the duration of the development to the satisfaction of the City of Kalamunda.

19. All crossovers being located and constructed in accordance with the approved

plans and the City of Kalamunda specifications.

20. Prior to the occupation of the development, the internal driveway must be constructed and drained at the landowners cost to the satisfaction of the City of Kalamunda and thereafter maintained for the duration of the development.

21. Prior to the occupation of the development, boundary fencing is to be installed in

accordance with the approved landscape plan and maintained thereafter for the duration of the development.

22. Prior to the occupation of the development, all existing septic sewer systems

including all tanks, pipes and associated drainage systems (soak wells or leach drains) are to be decommissioned, removed, filled with clean sand and compacted. The applicant must provide a statutory declaration to the City of Kalamunda stating that the site has been inspected and all effluent disposal systems have been removed. A pro-forma for this declaration is available from the City of Kalamunda.

23. Prior to the occupation of the development, the facility must be connected to a

suitable on-site effluent disposal system to the satisfaction of the City of Kalamunda on the advice of the Western Australian Department of Health.

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24. No more than 120 residents and 30 staff members are permitted to reside on the site at any one time.

25. The nine (9) car parking bays and loading bay located towards the south-west

and south-east corner of the site are not permitted for use between the hours of 7:00pm and 7:00am. Prior to the occupation of the development, signage is to be installed reflecting this restriction to the satisfaction of the City of Kalamunda.

26. The incidental uses of salon, cinema and consultant rooms shall be restricted to

use by the residents of the aged care facility and must not be made available for public use.

27. All external fixtures (e.g. service equipment, mechanical ventilation, water tanks,

compressors etc.) must be installed, located and screened, prior to occupation of the development and maintained for the duration of the development to the satisfaction of the City of Kalamunda, so as to avoid adverse effects, including noise and visual amenity of nearby properties.

28. All stormwater drainage from roofed and paved areas being disposed of to the

specification and satisfaction of the City of Kalamunda in accordance with the approved Stormwater Management Plan.

29. No development (including fencing, letter boxes or any other structures) or

landscaping over 0.75 metres in height is to be located within the 1.5 metre x 1.5 metre sightline truncation where the vehicle access point meets the road reserve to the satisfaction of the City of Kalamunda.

30. A notification under section 70A of the Transfer of Land Act 1893 or section 6(1)

of the Strata Titles Act 1985 being registered over the Certificate of Title of the subject lot, prior to the occupation of the development, to notify owners and prospective purchasers of the land of the factors affecting the use of the land.

The notification is to be prepared and executed at the applicant's cost to the satisfaction of the City of Kalamunda and is to state as follows: 'This land is within a bushfire prone area as designated by an Order made by the Fire and Emergency Services Commissioner and is subject to a Bushfire Management Plan and Bushfire Evacuation Plan. Additional planning and building requirements may apply to development on this land’.

31. Construction of retaining walls to be designed and certified by an accredited qualified Structural Engineer and details of any retaining walls shall be submitted to the City of Kalamunda.

32. Prior to the lodgement of a building permit, a Boundary Fencing Plan being submitted to the City of Kalamunda for approval. The approved plan is to be implemented prior to occupation and maintained for the duration of the development.

Advice Notes: A. A Building Permit is required prior to the commencement of work.

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B. The submitted Building Permit application plans are to be consistent with the plans that form part of the relevant planning approval, to the satisfaction of the City of Kalamunda.

C. Attention is drawn to the requirements for access to buildings for people with

disabilities in accordance with the Building Code of Australia and AS1428.1. Detailed drawings are to be submitted with the Building Permit application identifying means of access from carparking areas to the entrance of the building and throughout the building, as required by AS1428.1.

D. This approval does not relate to any signage, with a separate application to be

lodged and approved by the City of Kalamunda.

E. The operation/development is to comply with the Environmental Protection (Noise) Regulations 1997.

F. The applicant is required to submit an Application for Registration of a Food

Business accompanied with the appropriate registration fee a minimum of two weeks prior to commencing operation. The Application must include floor plans and elevations of the kitchen and bar areas detailing all fixtures, fittings and finishes to the City’s Health Service so that assessment may be made against the requirements of the Food Standards Code and advice can be provided before commencing construction. Such advice will aid in preventing expense and delays caused by the possible need to rectify structural non-compliances at the time of completion.

G. The applicant must book a food premises inspection with the City’s Health

Service prior to commencing operations. The premise must meet all requirements and pass the inspection without requiring any corrective actions before it will be allowed to trade.

H. The applicant is advised that the food premises must comply with the Food Act

2008 and Food Standards Code. Further advice on these requirements is available from the City’s Health Service on 9257 9813.

I. A new effluent disposal system that complies with the Health (Treatment of

Sewage and Disposal of Effluent and Liquid Waste) Regulation 1974 must be installed.

J. The applicant is advised that an “Application to Construct or Install an Apparatus

for the Treatment of Sewage” must be submitted and approved before a building licence will be issued. The application form can be found at: http://www.kalamunda.wa.gov.au/Services/Health/Effluent-Disposal. An application is required for both the temporary holding tank and final proposed wastewater management system.

K. Clearances are to be maintained from the waste water disposal system(s) to new

buildings and boundaries in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

L. The applicant is reminded of their obligations to comply with the “Land

development sites and impacts on air quality: a guideline for the prevention of dust and smoke pollution from land development sites in Western Australia”, prepared by the Department of Water and Environment Regulation.

http://www.kalamunda.wa.gov.au/Services/Health/Effluent-Disposal

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M. The applicant is advised that under the Fly Eradication Regulations pursuant to

the Health Act 1911, it is an offence to place, trow or leave or permit or cause to be placed thrown or left on the land or premises any waste food, manure, refuse, garbage, waste matter or other matter whatsoever, which is likely to attract or be a breeding place for flies, unless that food waste, manure, refuse, garbage, waste matter or other matter is covered, protected, treated or dealt with in such a manner as to effectively prevent it attracting or being a breeding place for flies.

N. The applicant is advised that sanitary facilities must comply with the Sewerage

(Lighting, Ventilation and Construction) Regulations 1971.

O. The applicant is advised that due to the close proximity of neighbouring properties any air conditioning units should be located to minimise the potential for noise intrusion to neighbouring properties and must comply with Assigned Noise Levels as detailed in the Environmental Protection (Noise) Regulations 1997 (amended).

P. The applicant is advised that the Aerobic Treatment Unit must comply with

requirements stipulated in the “Code of Practice for the Design, Manufacture, installation and Operation of Aerobic Treatment Units (ATUs)”. The ATU is to have a maximum permissible noise level of 40dB(A) on fast response at 1m from the nearest noise emitting equipment.

Q. The applicant is required to submit a Hairdresser/Skin Penetration Premises

Notification Form a minimum of two weeks prior to commencing operation.

R. The applicant is advised that light being emitted or reflected from the land is not to create a nuisance to neighbouring properties as per the Local Government Act 1995. It is recommended that the “Australian Standards AS 4282-1997 Control of Obstructive Effects of Outdoor Lighting” be utilised as a guide.

S. In regard to the amendments required to the landscaping plan the applicant is

advised any of the following climbing plant species would be suitable to grow over a timber fence or similar:

• Hibbertia scandens

• Hardenbergia comptoniana (native wisteria) or

• Kennedia prostrata (running postman). T. The applicant is advised of their obligations under the Environment Protection and

Biodiversity Conservation Act 1999 (EPBC Act).

U. In regards to the condition pertaining to stormwater design, the applicant is advised the following:

• A number of infiltration testing needs to be carried out at detailed engineering drawing submission to achieve more realistic infiltration conditions of the site at the invert level of soak wells in accordance with the procedures outlined in AS/NZS 1547:2012 Onsite Domestic Wastewater Management to support retention strategy for the drainage design to the specification and satisfaction of the City.

• An additional standby pump needs to be incorporated in the detailed engineering drawing so that at least one can be operational if one fails.

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V. Pursuant to clause 26 of the Metropolitan Region Scheme, this approval is deemed to be an approval under clause 24(1) of the Metropolitan Region Scheme.

W. The development, the subject of this approval must comply with the approved

plans at all times unless otherwise approved in writing by the JDAP or the City. The Report Recommendation (as amended) was put and CARRIED UNANIMOUSLY. REASON: In accordance with details contained in the Responsible Authority Report and Amending Motions.

The Presiding Member noted the following State Administrative Tribunal Applications and Supreme Court Appeals –

Current SAT Applications

LG Name Property Location Application Description

City of Gosnells

7 (Lot 10) Kelvin Road, 1910 (Lot 6) and 1914 (Lot 12) Albany Highway, Maddington

Motor Vehicle Sales and Motor Vehicle Repair

City of Swan Lot 100 (3301) West Swan Road, Caversham

Proposed Roadhouse, Restaurant/Tavern and Tourist Facilities (short stay accommodation)

City of Kalamunda

Lot 42 (116) Union Road, Carmel

Demolition of Existing Dwelling and Ancillary Structures, Construction of (Tourism Development) including Short Term Accommodation Micro-distillery (Gin Brewery), Restaurant, Apiculture and Single Dwelling

City of Armadale

Lot 560 (10) Third Road, Armadale

New Armadale Courthouse and Police Complex

Current Supreme Court Appeals

LG Name Property Location Application Description

City of Swan Lot 357 (227) Morrison Road, Midvale

Proposed Shopping Centre, Service Station, Consulting Rooms, Recreation – Private and Fast Food Outlet

Shire of Serpentine Jarrahdale

Lot 12, 1537 Thomas Road and Lot 50 Nicholson Road, Oakford

Service Station

11. General Business / Meeting Close

The Presiding Member announced that in accordance with Section 7.3 of the DAP Standing Orders 2017 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment.

Meeting No. 204

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There being no further business, the Presiding Member declared the meeting closed at 1:40pm.

Documents

Metro East Joint Development Assessment Panel Minutes... · 7.6 Mr Brendan Foley (LSV Borrello Lawyers) addressed the DAP in support of the application at Item 10.1 and responded