Proposed Modification to Amendment No.175 to Local ... · proposal's boundaries and refer the modified proposal back to the EPA prior to proceeding to advertise in accordance with

Ordinary Meeting of Council 11 December 2019

3.3 PROPOSED MODIFICATION TO AMENDMENT NO.175 TO LOCAL PLANNING SCHEME NO.17 - TO INSERT A GENERAL INDUSTRIAL ADDITIONAL USE ON LOT 1 & 20 STIRLING CRESCENT AND LOT 145 TALBOT ROAD, HAZELMERE

Ward: (Midland/Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The purpose of Amendment No.175 to Local Planning Scheme No.17 is to provide General Industrial Additional Use rights for three lots in Hazelmere, south of the Great Eastern Highway bypass, east of Stirling Crescent and north of Talbot Road.

• On the 31 July 2019 the Council resolved (11/2) to initiate Amendment No.175 for the purposes of advertising.

• The legislation requires the Environmental Protection Authority (EPA) to be satisfied that the proposed amendment is acceptable before proceeding to advertising.

• The EPA was not satisfied with the extent of the amendment area and advised the City that it requires changes to omit the vegetated portions of Lot 20 and Lot 145 that is designated 'Bush Forever'.

• Modifying the proposal in this way is a logical response to the EPA's concerns and is supported by the applicant (Peter Webb and Associates). It will also realign the boundaries to be consistent with the 'Industrial' rezoning area proposed in Metropolitan Region Scheme Amendment No.1328/57, making it more consistent with the state's intention for this land.

• If the changes are not acceptable to Council, then the proposed amendment cannot proceed.

It is recommended that the Council agree to modify Amendment No.175 to alter the proposal's boundaries and refer the modified proposal back to the EPA prior to proceeding to advertise in accordance with Regulation 37 of the Planning and Development (Local Planning Schemes) Regulations 2015.


AUTHORITY/DISCRETION

Section 75 of the Planning and Development Act 2005 allows a local government authority to amend its local planning scheme with the approval of the Minister for Planning.

Section 81 of the Planning and Development Act 2005 requires that the local government submit to the Environmental Protection Authority (EPA) sufficient information to enable the EPA to assess whether the amendment requires formal assessment under the EP Act, prior to advertising.

The purpose of this report is for Council to consider the direction provided by the EPA and initiate a modified scheme amendment that responds to that direction, thereby allowing the proposal to proceed to advertising.

BACKGROUND

Applicant: Peter Webb and Associates Owner: Automotive Properties Pty Ltd (APPL)

(Directors - Evangeline Wheatley Harris, Vernon Wheatley, Joycelyn Wheatley, Damon Wheatley and Michelle Prater)

Zoning: LPS17 - General Rural MRS - Rural Strategy/Policy: Hazelmere Enterprise Area Structure Plan, 2011 Subject lands (3) Lot 1 Stirling Crescent, Hazelmere;

Lot 20 Stirling Crescent, Hazelmere, and; Lot 145 Talbot Road, Hazelmere

Area: Lot 1: 1.6186 ha (approx.) Lot 20: 5.0343 ha (approx.) Lot 145: 4.2694 ha (approx.) TOTAL: 10.9223 ha (approx. 11 ha)

REPORT

Scheme Amendment No.175 is to provide for an 'Additional Use' of 'Industry - General' over the subject three (3) properties in the same ownership (Automotive Properties Pty Ltd - APPL) to facilitate the industrial development potential of this land.

The key motivation for this change is to afford APPL's landholdings similar additional use rights that exist on adjacent properties, which are also zoned 'General Rural' and in the same industrial investigation precinct, south of the Great Eastern Highway Bypass, east of Stirling Crescent and north of Talbot Road.

Council at its 31 July 2019 Ordinary Meeting considered the merits of the proposal against the staff recommendation and resolved (11/2) to support the initiation of Amendment No.175, advising that the reason it made this decision is because:

"3) The area was effectively industrial already and will be industrial in the future and will have no impact on current uses"


Procedurally Amendment No.175 was deemed a 'complex amendment' which first requires the consent of the Environmental Protection Agency (EPA) and Western Australian Planning Commission (WAPC) before it can proceed to advertising.

While the WAPC gave its consent for the purposes of advertising, the office of the EPA has used section 48A of the Environmental Protection Act 1986 to direct the City to either:

"Option A": amend the scheme amendment boundaries to remove land designated 'Bush Forever' thereby addressing their concern by virtue of omission of this land.

or alternatively -

"Option B": validate how this proposal (to provide general industrial use rights to this land) doesn’t impact the environmentally significant vegetation that extends into Lot 20 Stirling Crescent and Lot 145 Talbot Road, Hazelmere (part of 'Bush Forever' site No.481).

Council's resolution is required on this matter because staff don't have delegation to make this decision on its behalf. This is the purpose of this report.

It is recommended that Council agree to make changes to Amendment No.175 as per "Option A" i.e. modify the text and map of Amendment No.175 to omit those portions of Lot 20 Stirling Crescent and Lot 145 Talbot Road, Hazelmere designated 'Bush Forever' from having additional right use.

Amending the proposal in this way is considered appropriate for the following reasons:

• It represents a straight-forward and pragmatic solution. By omitting land identified as 'Bush Forever' it will remove any new additional use rights or development opportunities that relate to this portion of land, thereby alleviating the EPA's concerns, and will make it clearer to all as to how this land can be used.

• It will realign its boundaries to be consistent with the 'Industrial' rezoning area proposed in Metropolitan Region Scheme Amendment No.1328/57, which is currently with the WAPC for a decision. This will make Amendment No.175 more adherent with the state's latest planning intentions for how this portion of Hazelmere could be industrialised.

• The 'Bush Forever' site area is located at the rear of Lot 20 and Lot 145 so it is possible to omit this land without creating any fundamental flaws as to how the remaining Additional Use area could potentially be used.

Council is advised that amending the proposal in this way has the support of the applicant (Peter Webb and Associates) and landowner (APPL) so that Amendment No.175 can progress and is not stalled.


OPTIONS AND IMPLICATIONS

Option 1: The Council may resolve to agree to make changes to Amendment No.175 to Local Planning Scheme No.17, as per the recommendation section of this report

Implications: The modifications have been requested by the EPA, agreed to by the applicant and will provide more certainty to landowners and to the local government, in terms of the development potential of this land.

This is the recommended option.

Option 2: The Council may resolve not to support the modifications to Amendment No.175t.

Implications: The EPA does not support the amendment unless the modifications are made. Hence, the proposal would not be able to proceed to advertising

This is not the recommended option.

CONCLUSION

Updating the Scheme Amendment No.175 area to omit vegetation and land designated 'Bush Forever' responds to the Environmental Protection Agency (EPA) concerns and will provide greater clarity on how the land can be used and developed.

Redefining the boundaries in this way is also considered logical as it will make the Additional Use area consistent with the extent of land proposed to be rezoned 'Industrial' in Metropolitan Region Scheme Amendment No.1328/57 (Hazelmere Enterprise Area Structure Plan - Precinct 7).

Should the Council agree to proceed with the modified Amendment No.175, it will enable the proposal to be referred back to the EPA for comment prior to advertising. This is recommended as the alternative would be to leave Amendment No.175 in limbo and in a state not capable of approval.

ATTACHMENTS

Location plan

Proposed amendment map

Existing amendment map to be superseded (included for comparison)

Advertised Metropolitan Region Scheme Amendment Map 1328/57


STRATEGIC IMPLICATIONS

Proposed Metropolitan Region Scheme Amendment No.1328/57 is currently with the WAPC to make a decision post-advertising. Amendment No.1328/57 proposes to rezone the subject land to 'Industrial' in the MRS but excludes those portions of Lots 20 and 145 that contain 'Bush Forever' designated bushland. By modifying Amendment No.175 to also exclude land designated 'Bush Forever' it will result in the proposal being consistent with this seriously entertained planning proposal.

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

City of Swan Local Planning Scheme No.17

FINANCIAL IMPLICATIONS

Nil beyond the minimal implications from preparing and gazetting the proposed scheme amendment.

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Acknowledge the need to make changes to the resolution Council made at its Ordinary Meeting on 31 July 2019.

2) Agree to update the amendment text and map so that the Additional Use's boundaries removes land designated 'Bush Forever' where it exists on portions of Lot 20 Stirling Crescent and Lot 145 Talbot Road, Hazelmere.

3) Agree to modify Council's resolution to initiate Amendment No.175 to Local Planning Scheme No.17 to read as follows:

a. Modify the scheme text by inserting into Schedule 2 - Additional Uses, the following:

No. Description of Land

Additional Use Conditions

TBC Portion of Lot 20 (on Diagram 79083) Stirling Crescent, Hazelmere;

Lot 1 (on Diagram 44255) Stirling Crescent, Hazelmere;

Portion of Lot 145 (on Plan 4553) Talbot Road, Hazelmere

The Use Classes listed in the Zoning Table against the 'General Industrial' zone and cross referenced with the symbols of 'P', 'D' and 'A'.

1. Unless the development on the site is connected to reticulated sewer -

• development is restricted to 'dry industry' whereby any development application must demonstrate that the quality and volume of effluent to be disposed onsite can be successfully disposed of without adverse environmental or health effects, using effluent disposal systems; and

• development shall be restricted to the type which is predicted to generate and/or generate waste water intended for disposal onsite at a daily volume not exceeding 540 litres per 2000m2 of site area.

2. A Wastewater Management Plan shall be submitted with each development application to demonstrate that Condition 1 can be achieved to the satisfaction of the Local Government.

3. Connection to an Aerobic Treatment Unit (ATU) or Nutrient Effluent Disposal System may be permitted where acceptable qroundwater depths exist and subject to the approval by the Local Government and Health


Department of Western Australia.

4. That the owner/developer is required to contribute to the future upgrade of Adelaide Street.

b. Modify the scheme maps as per the amendment map that removes those portions of Lot 20 Stirling Crescent and Lot 145 Talbot Road, Hazelmere designated 'Bush Forever'.

4) Refer the modified amendment to the WAPC and Environmental Protection Authority for consent to advertise and once consent is given, commence advertising in accordance with the ‘Complex Amendment’ procedures set out in the Planning and Development (Local Planning Scheme) Regulations 2015.

CARRIED

DISCLAIMER: Information shown here on is a composite ofinformation from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.

Location PlanLPS17 - 175

25/06/2019

1:18056

Talbot Road

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Perth Airport

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Metropolitan Region Scheme

Produced by GeoSpatial Research and Modelling, Department of Planning, Perth WABase information supplied by Western Australian Land Information Authority LI 862-2016-1

Program Manager:

Geospatial Officer:

Examined:

Revised:

Date:

0 0.5 1 1.5 2

kilometres

Plan Number

3.2691

2904

3.2691

A. Thomas

A. Power

256.11.5

File number:Plan reference:

833/02/21/0124P V

Metropolitan Region Scheme

Sheet 1 of 1

detail plans:

Oracle reference no:

Amendment No.

N

J. Ballarotta

28 June 2017

1328

Legend

Excluded from rural zoneand included in industrial zone /57

Created on date: Thursday, 29 June 2017

Document Name: MRS_2904_v1_APlan3.2691

as advertised

Version No. 1

WAPC /

for that purpose in the presence of :

_______________________________________________Witness

_______________________________________________Date

_______________________________________________Approved - Minister for Planning

_______________________________________________Date

Planning and Development Act 2005

Signed for and on behalf of theWestern Australian Planning Commission

_______________________________________________

An officer duly authorised by the Commissionpursuant to section 24 of the

1:25000 sheet 16

1.6239, 16240, 1.6266

E

Area designated “Bush Forever” on Lot 20 Stirling Crescent and Lot 145 Talbot Road Hazelmere that is also excluded from the MRS Amendment No.1328/57 rezoning area

Documents

Proposed Modification to Amendment No.175 to Local ... · proposal's boundaries and refer the modified proposal back to the EPA prior to proceeding to advertise in accordance with