TOWN PLANNING SCHEME NO. 6 AMENDMENT NO. 110 · TOWN PLANNING SCHEME AMENDMENT NO. 110 REPORT 1.0 INTRODUCTION The City of Gosnells seeks the support of the Western Australian Planning

TOWN PLANNING SCHEME NO. 6

AMENDMENT NO. 110

March 2011

OCM 12 NOVEMBER 2013 APPENDIX 13.5.1A


(d) construction of common drainage facilities as identified in the Local Water Management Strategies for each sub-precinct including water monitoring.

(e) the preparation of legal, planning, environmental, engineering,

hydrological and valuation studies deemed as common to the area.

2. Cost contributions additional to those detailed in the Twelfth Schedule of the Scheme, as follows:

(a) 50% of the cost of constructing full earthworks, one carriageway,

shared path (one side only) and drainage of Southern River Road (between Ranford Road and the northern extent of the Structure Plan area).

(b) 100% of the cost of constructing full earthworks, one carriageway,

shared path (one side only) and drainage of Holmes Street (between Southern River Road and Passmore Street).

(c) the cost of acquisition of land within the Special Control Area for road

widening of Southern River Road (between Ranford Road and the northern extent of the Structure Plan area).

(d) the cost of acquisition of land, including the value of any

improvements, within the Special Control Area for road widening of Homes Street (between Southern River Road and Passmore Street).

(e) the cost of acquisition of land for the widening of the Forrestdale Main

Drain for the extent to which it traverses the Special Control Area. (f) the cost of site works and a basic level of landscaping for the public

open space to be created to accommodate the Forrestdale Main Drain widening

(g) the cost of constructing the Balannup Lake Drain to the extent to

which it traverses the Special Control Area (h) the cost of site works and a basic level of landscaping for the public

open space to be created to accommodate the Balannup Lake Drain upgrading and widening

(i) the cost of acquiring land identified for drainage purposes in the Local

Water Management Strategies for each sub-precinct within the Special Control Area, including the cost of strategy development and monitoring.

(j) 50% of the cost of the installation of traffic signals at the intersection of

Southern River Road and Holmes Street. (k) 100% of the cost of installation of traffic signals at the intersection of

Holmes Street and Matison Street. (l) 50% of the cost of installation of traffic signals at the intersection of

Holmes Street and Passmore Street.


(m) the cost of the preparation of planning, environmental, engineering, hydrological and valuation studies and City administration of the contribution arrangement.

(n) the cost of constructing a road across the Balannup Lake Drain to the

extent that it traverses public open space to be provided adjacent to the drain.

3. In respect to the provision of public open space within the Special Control

Area, the following is applicable:

(a) the cost of acquiring land for the future development of the district playing fields on Passmore Street will be a common cost.

(b) the cost of site works and landscaping of the district playing fields on

Passmore Street will be a common cost. (c) no requirement exists for contributions to be made towards the cost of

acquiring land reserved for Parks and Recreation or identified as a Bush Forever Protection Area under the Metropolitan Region Scheme. As a consequence, no entitlement exists under the development contribution arrangement for compensation for any requirement to cede land for Parks and Recreation or Bush Forever purposes.

(d) no requirement exists for contributions to be made towards the cost of

acquiring land required for wetland or bushland conservation that lies outside of a Parks and Recreation reserve or Bush Forever Protection Area, including any buffer area. As a consequence, no entitlement exists under the development contribution arrangement for compensation for any requirement to cede for wetland or bushland conservation.

(e) Council may establish and administer arrangements to equalise the

provision of local public open space that is not subject to clause 3a to 3d, inclusive, where the requirement to cede land for such purposes and provide is unevenly distributed.

(f) A public open space contribution may be provided as either land or a

payment equivalent to the value of the land required for public open space or a combination of the two.

4. The intended priority and timing of the provision of common infrastructure

works and public open space is to be detailed in a Development Contribution Plan report.

5. The development contribution arrangement is to operate for a period of five

years from its formal establishment and the actual date of expiry is to be detailed in the Development Contribution Plan report.

Dated this …..…………….day of …………………………… 2011. I COWIE CHIEF EXECUTIVE OFFICER


REPORT – AMENDMENT NO. 110

FILE NO: TPS/6/110 PART OF AGENDA

MINISTER FOR PLANNING

PROPOSAL TO AMEND A TOWN PLANNING SCHEME 1. City of Gosnells 2. City of Gosnells Town Planning Scheme No. 6 3. District Zoning Scheme 4. Amendment No. 110 5. Proposal:

To establish the basis for the operation of a development contribution arrangement for the shared provision of common infrastructure works and public open space for Southern River Precinct 3

6. Report by: City of Gosnells


TOWN PLANNING SCHEME AMENDMENT NO. 110 REPORT 1.0 INTRODUCTION The City of Gosnells seeks the support of the Western Australian Planning Commission (WAPC) and the approval of the Hon. Minister for Planning to the proposed amendment. The proposed amendment seeks to introduce provisions into the City's Town Planning Scheme No.6 (TPS 6) to enable the establishment and operation of a development contribution arrangement (DCA) for the shared provision of common infrastructure works and public open space (POS) for an area known as Southern River Precinct 3 (Precinct 3). 2.0 SITE DESCRIPTION Precinct 3 lies within the area bound by Southern River Road, Ranford Road, the kennel zone, Passmore Street and the Southern River. 3.0 BACKGROUND Structure plans have previously been prepared and considered by Council and the WAPC, which broadly identify the potential for urban development in Precinct 3. Implementation of the plans will need to address various challenges. These challenges include the fragmented nature of land held in multiple ownership, significant environmental conservation and water management issues and the need to set aside land for a range of community purposes including schools and public open space (POS). Devising a means to equitably fund the provision of CIW and POS is a critical component of the planning of Precinct 3, as recognised in TPS 6 and local planning policy requirements for the area. 4.0 PLANNING CONTEXT 4.1 Southern River Precinct 3 Planning Framework Policy On 28 November 2006 Council adopted (Resolution 584) a Local Planning Policy that established a planning framework for Precinct 3. The Policy divides Precinct 3 into six sub-precincts and sets out the various planning tasks that need to be addressed prior to proposals for subdivision and development being supported by the City. These tasks include establishing a means to share the cost of provision of CIW and POS. The Policy was updated on 27 April 2010 (Resolution 178) to redefine the boundaries between certain sub-precincts, as shown on the plan contained in Appendix 1. 4.2 Town Planning Scheme No.6 Much of Precinct 3 is located within a Special Control Area (SCA) that applies under TPS 6. The SCA and related provisions require certain planning requirements to be addressed prior to subdivision and development occurring, including a means to achieve a coordinated and equitable approach to development within Precinct 3. Clause 6.4.2(b) of TPS 6 states as follows:

“Prior to Council supporting any proposal for subdivision or approving any development within Southern River Precinct 3, cost sharing arrangements will need


to be finalised for the overall precinct including the extent of any contribution towards the State Government’s acquisition of Bush Forever sites and the provision of district level infrastructure, unless in the opinion of Council approval of the proposal will not prejudice the effective operation of a cost sharing arrangement.”

The establishment of a DCA for Precinct 3 requires an amendment to TPS 6 to formally provide a head of power for its operation. A DCA must be operated in accordance with the provisions of Schedule 12 of TPS 6. 4.3 State Planning Policy 3.6 – Development Contributions for Infrastructure On 20 November 2009 the WAPC released a policy (SPP 3.6) that sets out the principles and considerations that apply to DCA’s for the provision of infrastructure in new and redeveloping urban areas. In particular, SPP 3.6 sets out a model format for TPS provisions and the required content and process for the preparation of a Development Contribution Plan (DCP). There are some differences between the model TPS cost sharing provisions and those currently contained within Schedule 12 of TPS 6. A separate amendment proposal (Amendment 122) has been drafted to bring Schedule 12 into line with the model provisions set out in SPP 3.6. 4.4 Precinct 3 Structure Plan On 8 September 2009 Council resolved (Resolution 447) to adopt a Structure Plan to guide development of Precinct 3 (see Appendix 2). The Structure Plan identifies a variety of land uses, including urban and commercial development and a range of public purposes (these being conservation areas, recreation, school sites, drainage and roads). On 15 September 2009, the WAPC resolved to ‘note’ the Structure Plan as a tool to assess MRS amendments, Local Planning Scheme amendments, and subdivision and development applications. The WAPC also issued advice on the content of a proposed development contributions framework appended to the Structure Plan. The most significant element of the advice was that any DCA set up for Precinct 3 should not make allowance for the cost of compensation paid for land that must be set aside for conservation purposes, such as wetlands. In other words, the view of the WAPC is that there should be no requirement imposed on developers in Precinct 3 to make contributions into a fund to be used to compensate landowners required to give up land required for conservation. 4.5 Need for a Development Contribution Arrangement Given the fragmented nature of land and multiple ownership within Precinct 3 and the absence of any privately administered shared infrastructure provision arrangement, it is necessary that some form of DCA be established to equitably fund the acquisition of land for certain public purposes and infrastructure works. There is a degree of urgency with the matter, given subdivision is now occurring in Precinct 3 and many landowners have questioned what financial arrangements will be made for development in the area.


5.0 SCHEME AMENDMENT PROPOSAL 5.1 Proposal Summary It is proposed to amend TPS 6 to establish a DCA for Precinct 3 by: Modifying the extent of the existing Special Control Area (SCA) that currently applies

to much of the Precinct 3 area to define the Contribution Area on the Scheme Map, as detailed on the amendment plan contained in this report.

Modifying the existing SCA provisions within the Scheme Text to refer to the new Contribution Area and to a new Attachment E within Schedule 12 of the Text.

Inserting Attachment E into Schedule 12 of the Scheme Text to define the CIW and associated costs applicable to the Contribution Area.

The proposed amendment to TPS 6 is intended to establish the broad head of power to operate a DCA in Precinct 3. Details outlining the intended operation of the proposed DCA, including the extent of CIW and POS costs and the method by which they will be apportioned to developing landowners, are set out in a draft DCP report, as contained in Appendix 3. The DCP report does not form part of the amendment but has been appended to this report to assist to set out the intended operation of the DCA. 5.2 Proposal Details It is proposed that the development of land within Precinct 3 will be subject to requirements to make contributions towards infrastructure and POS identified as common to developers in the proposed DCA area. Common Infrastructure Works The proposed DCA makes provision for contributions to be made towards certain infrastructure items for the benefit of development of Precinct 3. The included infrastructure are larger items, such as regional roads (Garden Street and Southern River Road) and major drains as opposed to more localised items like new subdivisional roads and services, which will be individual subdividers' responsibilities. CIW costs within the DCA area have been estimated at $20,391,600. The division of these costs over the 157.9069 ha of land anticipated to be developed for commercial and residential purposes in Precinct 3 results in a contribution rate of $129,136/ha. It is proposed that contributions be collected for the following CIW items: Construction of Holmes Street (Garden Street extension)

Upgrading of Southern River Road

Shared paths

Land acquisition to enable the widening of the Forrestdale Main Drain and Balannup Lake Branch Drain

Upgrading of the Balannup Lake Branch Drain

Traffic signals on Holmes Street, at its intersections with Southern River Road, Matison Street and Passmore Street


Contributions will also be required to fund some of the cost of planning undertaken in Precinct 3, the City’s costs involved in establishing and administering the DCA and post-development environmental monitoring. There may also be CIW cost contribution requirements applied specifically to each of the six sub-precincts that form Precinct 3 (Precincts 3A to 3F). The need for the City to establish and administer contribution arrangements for common costs that are specific to a particular sub-precinct will be assessed and determined as detailed planning is advanced in each of those areas. The assessment will consider whether there are infrastructure items of common benefit to the sub-precinct and the extent to which those items can be provided in an equitable manner without the City’s involvement in administering a cost sharing arrangement (such as through private agreement between owners or through arrangements made with other authorities). Where it is determined that CIW cost contribution requirements are to be specifically applied within a sub-precinct, modifications can be made to the DCP report to incorporate appropriate details. It is intended that the DCP report will be amended annually to adjust CIW cost estimates in line with any cost escalation. Public Open Space The provision of POS in Precinct 3 is a critical component of the planning and development of the area. POS will need to be set aside for various purposes, including recreation, conservation and drainage. The requirement for land to be set aside for POS will not be evenly distributed across Precinct 3. Some owners will be required to provide a substantial proportion of their land for POS, whereas others will not. A key objective of the proposed DCA will be to equalise the cost of providing land for POS among owners within the DCA area. This will involve the collection of contributions to fund the compensation of owners who provide land for POS. The State Government has policies and practices that directly influence the required approach to POS contribution calculations, land valuation and compensation together with the parameters for the operation of the proposed DCA. These policies and practices vary depending on the purpose for which POS is required. Contribution arrangements for the equitable provision of POS are, therefore, complex. POS contribution requirements will be applied at the time of subdivision or development in accordance with WAPC policy. These will be in addition to CIW contribution requirements and will include allowance for the cost of achieving a basic level of development of POS. POS contribution requirements can be met through the provision of land for POS, in accordance with the Precinct 3 LSP or ODPs prepared for each sub-precinct of Precinct 3, or a cash contribution of an equivalent value or a combination of these methods. Like CIW cost contribution requirements, it is proposed that POS contributions requirements be applied on a broad basis throughout the DCA area.


POS contribution requirements may also need to be specifically applied to each of the six sub-precincts that form Precinct 3 (Precincts 3A to 3F). The proposed DCA is to operate in the following manner in respect to POS contribution requirements and land owner compensation, in keeping with State Government policies and practices: Land reserved for Parks and Recreation (Regional) The proposed DCA does not include any requirement for contributions to be made towards the cost of acquiring land reserved for Parks and Recreation under the Metropolitan Region Scheme (MRS). As a consequence, it will not fund the cost of compensating owners required by the State Government to cede land for Parks and Recreation purposes. Land identified as a Bush Forever Protection Area The proposed DCA does not include any requirement for contributions to be made towards the cost of acquiring land identified in the MRS as a Bush Forever Protection Area. As a consequence, it will not fund the cost of compensating owners required to cede land for conservation purposes under the State Government’s Bush Forever initiative. Other Conservation Land The proposed DCA area contains extensive areas identified as wetlands by the State Government that lie outside of either a Parks and Recreation reservation or Bush Forever Protection Area, which potentially may be required for conservation. As a consequence of directions from the State Government, the proposed DCA does not include any requirement for contributions to be made towards the cost of acquiring wetlands, nor any provision for owners of land required for wetland conservation to be compensated. Where wetlands are required to be set aside for conservation, there is typically a requirement for a buffer, usually as POS, to be provided to the abutting development. Notwithstanding that wetland proposed buffer areas may offer some recreational utility and perform drainage functions, the DCA makes no provision for contributions to be made towards the cost of acquiring buffers, nor any provision for owners of land required for buffers to be compensated. The potential for POS buffer areas to offer recreational use and form part of the contribution arrangement will be taken into account when considering ODPs for sub-precincts and detailed POS contribution arrangements in light of the localised POS needs of the area and the characteristics of the relevant buffer area. Playing Fields – Passmore Street Approximately 13 hectares of land is identified on the Precinct 3 LSP for District Open Space on Passmore Street, near the intersection with Phoebe Street. This is distinct from any land reserved under the MRS for regional open space. The land is intended to be developed for playing fields to cater for a range of active recreation activities, such as competitive sport.


As the playing fields will be for the broad benefit of future residents in Precinct 3, the costs involved in acquiring the land, undertaking a basic level of site works (including site preparation, turfing and reticulation) and a two-year period of maintenance will be a shared item in the proposed DCA. A cost allowance of $11,570,000 has been made to acquire and develop the land for playing fields, comprised of: Land acquisition – based on land value of $350,000/ha (Tier 2) for 13ha =

$4,550,000

Site works, turf and landscaping @ $50/m2, for 130,000m2 = $6,500,000

POS maintenance rate of $2/m2 per year for two years = $520,000. POS works and maintenance allowances are based on actual costs incurred by the City in developing and maintaining other active recreation reserves in recent times. It is proposed that this cost be met by contributions, from the owners of all developable land in Precinct 3, with the exception of land to be developed for commercial purposes. (Planning policy exempts commercial development from making a POS contribution). The contribution towards the playing fields costs is calculated by the division of the cost of land and works by the net POS contribution area, which equates to $104,710/ha. The development potential of some land may change as planning of the area becomes more refined. Land required for the construction of new subdivisional roads will be included in the net POS Contribution Area. This is due to the fact that the alignment and dimensions of all new roads are not determined (and therefore it is practically impossible to accurately calculate the land area involved) and it is usually the case that the requirement to provide land for new roads is generally evenly applied across a development area. Only land required for widening Southern River Road or the construction of Garden Street will be exempt from the requirement to make a contribution. Land that has been assumed as developable in Table 3, but subsequent to the preparation of the DCP report is developed for purposes such as a private school or place of worship, will not be exempt from making a CIW contribution. This is to ensure the DCA does not face a funding shortfall in future. The contribution to the playing fields cost is to be applied separately to the CIW contribution and whatever POS equalisation arrangements have been or will be established in the separate sub-precincts. Other Local POS Areas It has been recognised in the preparation of the DCP that future residents in Precinct 3 will be likely to have access to substantial areas of POS, whether it be in the form of regionally significant land protected for conservation by the State Government, the 13ha Passmore Street playing fields, the 4.5ha parkland adjacent to the Forrestdale Main Drain, the 1.8ha parkland adjacent to the Balannup Lake Branch Drain and other localised POS areas, some of which will contain wetlands, buffers and drainage areas. Even though many of these areas may be constrained for recreational use by their purpose of conservation or drainage, most of the Passmore Street playing fields and parkland adjacent to the two main drains, will not be constrained and should have good recreational utility.


With a net developable area in Precinct 3 conservatively estimated at approximately 158 hectares, the combined area of the Passmore Street playing fields and parkland adjacent to the two main drains exceeds the usual 10% minimum POS requirement that applies under WAPC policy on subdivision. In spite of this, there may be a need for additional small areas of POS to be set aside to cater for localised POS needs and fulfil a drainage function. This will be a matter to be considered through the preparation of ODPs for each of the six sub-precincts in the proposed DCA area. Because of the complexity of POS provision and various unknown parameters at the time of preparing the DCP report, no specific provision has been made in the proposed DCA to compensate for any additional small areas of POS that are to be set aside through an ODP and subsequent subdivision processes. There may however be a need for the City to establish and administer contribution arrangements for localised POS within a particular sub-precinct where an inequitable development outcome might occur without the City’s involvement. Where it is determined that POS contribution requirements are to be specifically applied within a sub-precinct to address an inequitable distribution of local POS, modifications will be made to the DCP report in future. Contribution Calculations Calculating the required contribution amount for any particular parcel of land will be achieved using the following formula: Required Contribution = (Whole of Precinct 3 CIW Contribution Rate X Stage Developable Area) + (Sub-Precinct CIW Contribution Rate X Stage Development Area) + (Whole of Precinct 3 POS Contribution Rate X Stage Developable Area) + (Sub-Precinct POS Contribution Rate X Stage Development Area) Exclusions from the DCA Costs associated with building new and upgrading existing local roads and footpaths and extending service mains and associated facilities (water, power, gas, telecommunications, sewer, other drains etc) are not included in the draft proposed DCA and will need to be met individually by developers. The POS and CIW costs are proposed to be apportioned over the area estimated to be developable. The contributing area for CIW varies from that for POS, given certain non-residential land uses are typically exempt from requirements to contribute to POS. Valuation Approach The provision of land for certain public purposes will be a key requirement of the development of Precinct 3. One of the main objectives of the proposed DCA will be to facilitate the assembly of land needed for certain public purposes in an equitable manner, recognising the significant social and economic issues that need to be addressed in doing so.


An important component of the proposed DCA is what is referred to as the land valuation basis. The land valuation basis will be used to estimate the cost of acquiring land required for certain public purposes and in turn assist to determine the value of CIW and POS contributions needed to fund the cost. Adopting a common land value has advantages in terms of the cost, efficiency, fairness and transparency of operation of the DCA. The land valuation basis will have two tiers. Tier 1 will be the market value, assuming the required land is zoned and unconstrained for residential development. Tier 2 will be based on a lesser value recognising the land is not currently zoned for development and is constrained by environmental and other factors. This is intended to ensure contribution rates reflect the estimated cost of acquiring land and land owners are fairly compensated, without undue burden on the broader community. Schedule 12 of TPS 6 sets out how the land valuation basis is determined and adjusted over time. It also sets out the rights of landowners to dispute a valuation adopted by Council. It should be noted that TPS 6 provides for a valuer to be appointed by Council, following agreement with owners, to advise on the land valuation basis. Should the owners be unable to come to an agreement regarding the appointment of a valuer, an appointment shall be made by the President of the Australian Property Institute. The following interim land valuation basis has been adopted, pending the formal appointment process of an agreed valuer: Tier 1 is recommended at $1,200,000/ha ($120/m2)

Tier 2 is recommended at $350,000/ha ($35/m2). The draft DCP report contained in Appendix 3 illustrates affected land and its respective land valuation basis. The land valuation basis will be updated at the time of the annual review of the DCP report. 6.0 CONCLUSION It is proposed, through Amendment No. 110 to TPS 6, to establish a DCA for Precinct 3. The intended operation of the DCA is explained in the DCP report in Appendix 3. The proposed DCA is necessary to facilitate the equitable provision of CIW and POS required as part of the development of the area.


SCHEME AMENDMENT

PLANNING AND DEVELOPMENT ACT 2005

CITY OF GOSNELLS The Council of the City of Gosnells under and by virtue of the power conferred upon it in that behalf by the Planning and Development Act 2005 hereby amends Town Planning Scheme No. 6 by: 1. Amending the Scheme Map by modifying the existing Special Control Area that

applies to the Southern River Precinct 3 area, as depicted on the Scheme Amendment map contained as Appendix 13.5.5C.

2. Amending the Scheme Text by deleting the current Clause 6.4.2 and replacing with

the following:

“6.4.2 Development Contributions (a) Subdivision and development undertaken within the Southern River Precinct

3 Special Control Area will require the provision of common infrastructure works and public open space.

(b) The cost of providing certain common infrastructure works and public open

space shall be equitably shared by all owners within the Southern River Precinct 3 Special Control Area.

(c) Owners within the Southern River Precinct 3 Special Control Area are

required to contribute to the cost of providing certain common infrastructure works and public open space in accordance Schedule 12 of the Scheme.”

3. Amending the Scheme Text by inserting “Attachment E” into Schedule 12 of the

Scheme as follows:

“ATTACHMENT E – SPECIFIC PROVISIONS RELATING TO THE SOUTHERN RIVER PRECINCT 3 AREA

1. Common Infrastructure Works additional to those detailed in the Twelfth

Schedule of the Scheme as follows: (a) 50% of the cost of constructing full earthworks, one carriageway,

shared path (one side only) and drainage of Southern River Road (between Ranford Road and the Southern River).



(c) upgrading of the Balannup Lake Drain. (d) construction of common drainage facilities as identified in the Local

Water Management Strategies for each sub-precinct including water monitoring.


(e) the preparation of legal, planning, environmental, engineering, hydrological and valuation studies deemed as common to the area.

2. Cost contributions additional to those detailed in the Twelfth Schedule of the

Scheme, as follows:

(a) 50% of the cost of constructing full earthworks, one carriageway, shared path (one side only) and drainage of Southern River Road (between Ranford Road and the northern extent of the Structure Plan area).



(c) the cost of acquisition of land within the Special Control Area for road

widening of Southern River Road (between Ranford Road and the northern extent of the Structure Plan area).

(d) the cost of acquisition of land within the Special Control Area for road

widening of Holmes Street (between Southern River Road and Passmore Street).

(e) the cost of acquisition of land for the widening of the Forrestdale Main

Drain for the extent to which it traverses the Special Control Area. (f) the cost of site works and a basic level of landscaping for the public

open space to be created to accommodate the Forrestdale Main Drain widening

(g) the cost of constructing the Balannup Lake Drain to the extent to

which it traverses the Special Control Area (h) the cost of site works and a basic level of landscaping for the public

open space to be created to accommodate the Balannup Lake Drain upgrading and widening

(i) the cost of acquiring land identified for drainage purposes in the Local

Water Management Strategies for each sub-precinct within the Special Control Area, including the cost of strategy development and monitoring.

(j) 50% of the cost of the installation of traffic signals at the intersection of

Southern River Road and Holmes Street. (k) 100% of the cost of installation of traffic signals at the intersection of

Holmes Street and Matison Street. (l) 50% of the cost of installation of traffic signals at the intersection of

Holmes Street and Passmore Street. (m) the cost of the preparation of planning, environmental, engineering,

hydrological and valuation studies and City administration of the contribution arrangement.


3. In respect to the provision of public open space within the Special Control Area, the following is applicable:

(a) the cost of acquiring land for the future development of the district

playing fields on Passmore Street will be a common cost. (b) the cost of site works and landscaping of the district playing fields on

Passmore Street will be a common cost. (c) no requirement exists for contributions to be made towards the cost of

acquiring land reserved for Parks and Recreation or identified as a Bush Forever Protection Area under the Metropolitan Region Scheme. As a consequence, no entitlement exists under the development contribution arrangement for compensation for any requirement to cede land for Parks and Recreation or Bush Forever purposes.

(d) no requirement exists for contributions to be made towards the cost of

acquiring land required for wetland or bushland conservation that lies outside of a Parks and Recreation reserve or Bush Forever Protection Area, including any buffer area. As a consequence, no entitlement exists under the development contribution arrangement for compensation for any requirement to cede for wetland or bushland conservation.

(e) Council may establish and administer arrangements to equalise the

provision of local public open space that is not subject to clause 3a to 3d, inclusive, where the requirement to cede land for such purposes and provide is unevenly distributed.

(f) A public open space contribution may be provided as either land or a

payment equivalent to the value of the land required for public open space or a combination of the two.



Initiate Scheme Amendment Adopted by resolution of the Council of the City of Gosnells at the Ordinary Meeting of the Council held on this day of 2011. MAYOR CHIEF EXECUTIVE OFFICER Final Approval of Scheme Amendment Adopted for final approval by resolution of the City of Gosnells at the Ordinary Meeting of the Council held on this day of 201 . The Common Seal of the City of Gosnells was hereunto affixed by authority of a resolution of the Council in the presence of: MAYOR CHIEF EXECUTIVE OFFICER RECOMMENDED/SUBMITTED FOR FINAL APPROVAL DELEGATED UNDER SECTION 16 OF THE

PLANNING AND DEVELOPMENT ACT 2005 DATE FINAL APPROVAL GRANTED MINISTER FOR PLANNING DATE


Appendix 1

Southern River Precinct 3 - Sub-Precincts Plan



Appendix 2

Southern River Precinct 3 - Local Structure Plan


THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY


...\04_104 Structure Plan Overlay(280809).dgn 22/10/2009 3:55:32 PM

BALANNUP LAKE DRAIN

FORRESTDALEMAIN DRAIN

REW

REW

REW

REW

REW

REW

REWREW

EPP

CCW

REW

REWCCW

REW

REW

KENNELZONE

187 Roberts Road SubiacoWestern Australia 6008Telephone: (08) 9382 2911Facsimile: (08) 9382 [email protected]

Town Planning and Design

TAYLOR BURRELL BARNETTtSouthern RiverSoutS thSSSSSSS hernSOUTHERN RIVER PRECINCT 3 STRUCTURE PLANAdopted by Council: 4 June 2009 (OCM 12 May 2009)Noted by WAPC: 15 September 2009 date: 18 December 2009

plan no: 04/104/G009Fscale: 1:12,000 @ A3

N

FIG

URE

11 0m 100m 200m 300m 400m

LEGEND

NOTES

Residential

Local Centre

Mixed Business

Light Industry

Community Purpose (as marked)

General Rural

Bush Forever Protection Area

Open Space (Local Open Space and District Open Space)

Parks and Recreation Reservation

Widening Required For Forrestdale Main Drain

Forrestdale Main Drain / Balannup Lake Drain

500m Kennel Buffer (Subject to further acoustic study)

1500m Liquid Waste Site Buffer

Other Regional Road

Neighbourhood Connector

Local Connector

Traffic Signals

Wetland (including Buffers) denoted as follows:EPP - Environmental Protection Policy Wetland CCW - Conservation Category Wetland REW - Resource Enhancement Wetland

Proposed Bus Route

Overland Flow Path

1:100 Event Extent (50m - 100m)

Shared Paths

Precinct 3 Boundary

Further Local Open Space to be provided in accordance with Council and Drainage requirements.

Extent of wetlands required for conservation to be determinedthrough further environmental review and detailed planning.

Medium residential densities to be provided in accordance with City of Gosnells Local Housing Strategy criteria.

A Place of Worship is constructed on Lot 16 Southern River Road. Additional development of the site will be subject to resolution of wetland and other environmentally sensitive area protection requirements.

Planning of the Light Industrial Area will be subject to resolution of wetland and other environmentally sensitive area protection requirements.

A review of the existing road network will need to be considered aspart of further detailed planning. This review will need to consider those roads to be retained, local intersection treatments and road upgrades required.

The primary function of the Forrestdale Main Drain is to convey the 1:100 year flood path. The intention is for the drain to be widened and operate as a living stream. The widening of the drain will also assist in wetland protection. The interface between development and the Forrestdale Main Drain will need to be carefully considered as part of future detailed planning.

NTLAND USE AND DEVELOPMENAND DEAND DED USE AND DED USE AND DEND USE AND DEND USE AND DEND USE AND DEND USE AND DEND USE AND DEND USE AND DEND USE AND DEND USE AND DEND USE AND DEND USE AND DEAND USE AND DEAND USE AND DED D NPARAMETERS TO BE DETERMINEDARAMETERS TO BE DETERMINARARARARARARARARARARARARARARARARARPARPARPAPAPAPAPAPPAPARAMETERS TO BRAMETERS TO BPARAMETERS TP N

THROUGH FURTHER ENVIRONMENTALRTHER ENVIRONRTRTRTRRRRRROUGHOOOOOROROOOUGH FURTHEUGH FURTHETHTHH OUGH FURTHER ENVIRONMENTOUGH FURTHER ENVIRONMENTMTHREVIEW AND DETAILED PLANNINGETAILED PETAILETAILETAILETAILETAILETAIETAIETAETADETADETADETADETADETADETADETADETAEW AND DETEW AND DETIEIEIEIEVIVIIIEW AEW AEW EW EWEWEWEWWWWW NNNNPPEV W AND DETAILED PLANNW AND DETAILED PLANND PLANN


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Appendix 3

Southern River Precinct 3 - Development Contribution Plan Report (DRAFT)


SOUTHERN RIVER PRECINCT 3

DEVELOPMENT CONTRIBUTION PLAN REPORT

DRAFT

February 2012


Document Control Version Date Comment

1 22 March 2011 Adopted by Council on an interim basis (Resolution 103) 2 28 February 2012 Revised Version - Adopted by Council on an interim basis

(Resolution 78) 3 4


CONTENTS

1.0 INTRODUCTION .............................................................................................................. 1

2.0 DEVELOPMENT CONTRIBUTION ARRANGEMENT OVERVIEW ................................ 4

2.1 Common Infrastructure Works ............................................................................. 4

2.2 Public Open Space .............................................................................................. 4

3.0 LAND VALUATION BASIS ............................................................................................... 7

4.0 COMMON INFRASTRUCTURE WORKS ........................................................................ 9

4.1 Overview .............................................................................................................. 9

4.2 Calculation of Net Contribution Area ................................................................... 9

4.3 Summary of Common Infrastructure Works ...................................................... 10

5.0 PUBLIC OPEN SPACE .................................................................................................. 13

5.1 Land reserved for Parks and Recreation ........................................................... 13

5.2 Land identified as a Bush Forever Protection Area ........................................... 13

5.3 Other Conservation Land................................................................................... 13

5.4 Playing Fields – Passmore Street ..................................................................... 14

5.5 Other Local POS Areas ..................................................................................... 15

6.0 OPERATION OF DEVELOPMENT CONTRIBUTION PLAN ......................................... 17

FIGURES AND APPENDICES

Figure 1 – Southern River Precinct 3 Local Structure Plan .......................................................... 2

Figure 2 – Southern River Precinct 3 Special Control Area .......................................................... 3

Figure 3 – Southern River Precinct 3 – Sub-precincts Plan .......................................................... 6

Figure 4 - Land Valuation Basis .................................................................................................... 8

APPENDIX A – COMMON INFRASTRUCTURE WORKS COSTING DETAILS ....................... 18

APPENDIX B – DEVELOPMENT CONTRIBUTION ARRANGEMENTS SPECIFIC TO SOUTHERN RIVER SUB-PRECINCT 3A ................................................................................... 22

APPENDIX C – DEVELOPMENT CONTRIBUTION ARRANGEMENTS SPECIFIC TO SOUTHERN RIVER SUB-PRECINCT 3B ................................................................................... 25

APPENDIX D – DEVELOPMENT CONTRIBUTION ARRANGEMENTS SPECIFIC TO SOUTHERN RIVER SUB-PRECINCT 3C .................................................................................. 26

APPENDIX E – DEVELOPMENT CONTRIBUTION ARRANGEMENTS SPECIFIC TO SOUTHERN RIVER SUB-PRECINCT 3D .................................................................................. 27

APPENDIX F – DEVELOPMENT CONTRIBUTION ARRANGEMENTS SPECIFIC TO SOUTHERN RIVER SUB-PRECINCT 3E ................................................................................... 28

APPENDIX G – DEVELOPMENT CONTRIBUTION ARRANGEMENTS SPECIFIC TO SOUTHERN RIVER SUB-PRECINCT 3F ................................................................................... 30


1.0 INTRODUCTION The Southern River Precinct 3 Local Structure Plan (LSP) is a broad strategic plan which guides planning proposals for the Precinct 3 area, including amendments to the Metropolitan Region Scheme (MRS) and City of Gosnells Town Planning Scheme No. 6 (TPS 6), Outline Development Plans (ODPs) and subdivision and development applications. The current LSP is shown in Figure 1. Subdivision and development of land within Precinct 3 will necessitate the provision of common infrastructure works (CIW) and Public Open Space (POS). As land is fragmented among multiple owners, a Development Contribution Arrangement (DCA) is necessary to facilitate the equitable provision of CIW and POS in a shared manner. This Development Contribution Plan (DCP) Report has been prepared in association with the establishment of a DCA for Precinct 3, pursuant to Schedule 12 of TPS 6. The area within which the DCA is to operate is defined as a Special Control Area, as shown in Figure 2. The DCP report details the extent of and estimated cost in providing CIW and POS and the method by which costs will be apportioned to landowners in the form of developer contributions to be paid into a City-administered DCA. There may be other costs associated with the development of land within Precinct 3, however unless specified in the DCP report, these are excluded from the DCA and are deemed to be each individual developer’s responsibility. It is intended that the DCP report be reviewed at least annually to ensure CIW and POS cost estimates, and consequently contribution rates, are updated to account for cost changes and any modification made to the parameters of the DCA. Each review will be open to landowner scrutiny and rights of review provided by TPS 6. The DCP report should be read in conjunction with the provisions of Schedule 12 of TPS 6. GLOSSARY OF TERMS CIW - contribution items common to Precinct 3 developers DCA - a mechanism to equitably shared the costs of CIW and POS DCP Report - a report setting out the intended operation of the DCA LSP - a strategic plan that provides a framework for development of Precinct 3 MRS - the State Government's planning blueprint for the development of Perth NCA - the estimated area over which contributions will be levied ODPs- structure plans that guide subdivision and development in each sub-precinct POS - land to be set aside for public recreational use TPS 6 - the planning blueprint for the development of the City of Gosnells


Figure 1 – Southern River Precinct 3 Local Structure Plan

Refer to the City’s website for a larger version of this plan, with a legend and other annotations.


Figure 2 – Southern River Precinct 3 Special Control Area

As proposed by Amendment No.110 to Town Planning Scheme No.6


2.0 DEVELOPMENT CONTRIBUTION ARRANGEMENT OVERVIEW The development of land within Precinct 3 will be subject to requirements to make contributions towards infrastructure identified as common to all developers in the DCA area. 2.1 Common Infrastructure Works There will be CIW cost contribution requirements applied to all developable land within the DCA area. The total CIW costs for Precinct 3 have been estimated at $20,391,600. The division of these costs over the 157.9069ha of land anticipated to be developed for commercial and residential purposes in Precinct 3 results in a contribution rate of $135,469/ha. Details of the CIW cost items, their cost and the intended method of their apportionment to owners in the DCA area is provided in section 4.0 and Appendix A. There may also be CIW cost contribution requirements applied specifically to each of the six sub-precincts that form Precinct 3 (Precincts 3A to 3F - See Figure 3). The need for the City to establish and administer contribution arrangements for common costs that are specific to a particular sub-precinct will be assessed and determined as detailed planning is advanced in each of those areas. The assessment will consider whether there are infrastructure items of common benefit to the sub-precinct and the extent to which those items can be provided in an equitable manner without the City’s involvement in administering a cost sharing arrangement (such as through private agreement between owners or through arrangements made with other authorities). Where it is determined that CIW cost contribution requirements are to be specifically applied within a sub-precinct, modifications will be made to the DCP report with details outlined in Appendices B to G. 2.2 Public Open Space The provision of POS in Precinct 3 is a critical component of the planning and development of the area. POS will need to be set aside for various purposes, including recreation, conservation and drainage. The requirement for land to be set aside for POS will not be evenly distributed across Precinct 3. Some owners will be required to provide a substantial proportion of their land for POS, whereas others will not. A key objective of the DCA will be to equalise the cost of providing land for POS among all owners within the DCA area. This will involve the collection of contributions from developers to fund the compensation of owners who provide land for POS.


The State Government has policies and practices that directly influence the approach to POS contribution calculations, land valuation and compensation together with parameters for the operation of the DCA. These policies and practices vary depending on the purpose for which POS is required. Contribution arrangements for the equitable provision of POS are consequently complex. Arrangements for POS are detailed in section 5.0 Like CIW cost contribution requirements, there will be POS contribution requirements applied on a broad basis throughout the DCA area. To fund the cost of acquiring and developing a 13 hectare sporting fields site on Passmore Street, a contribution of 104,710/ha is required. POS contribution requirements may also be specifically applied to each of the six sub-precincts that form Precinct 3. The need for the City to establish and administer contribution arrangements for POS within a particular sub-precinct will be assessed and determined as detailed planning is advanced in each of those areas. The assessment will consider whether POS can be provided in an equitable manner without the City’s involvement in administering a cost sharing arrangement (such as through private agreement between owners or through arrangements made with other authorities). Where it is determined that POS cost contribution requirements are to be specifically applied within a sub-precinct, modifications will be made to the DCP report with details outlined in Appendices B to G. POS contribution requirements will be applied at the time of subdivision or development in accordance with Western Australian Planning Commission (WAPC) policy. These will be in addition to CIW contribution requirements and will include allowance for the cost of achieving a basic level of development of POS. POS contribution requirements can be met through the provision of land for POS, in accordance with the Precinct 3 LSP or ODPs prepared for each sub-precinct of Precinct 3, or a cash contribution of an equivalent value or a combination of these methods.


Figure 3 – Southern River Precinct 3 – Sub-precincts Plan

Extract from Council Local Planning Policy


3.0 LAND VALUATION BASIS The provision of land for certain public purposes will be a key requirement of the development of Precinct 3. One of the main objectives of the DCA will be to facilitate the assembly of land needed for certain public purposes in an equitable manner, recognising the significant social and economic issues that need to be addressed in doing so. An important component of the DCA will be what is referred to as the land valuation basis. The land valuation basis is used to estimate the cost of acquiring land required for certain public purposes and in turn assist to determine the value of CIW and POS contributions needed to fund the cost. Adopting a common land value has advantages in terms of the cost, efficiency, fairness and transparency of operation of the DCA. The land valuation basis will have two tiers. Tier 1 will be the market value, assuming the required land is zoned and unconstrained for residential development. Tier 2 will be based on a lesser value recognising the land is not currently zoned for development and is constrained by environmental and other factors. This is intended to ensure contribution rates reflect the estimated cost of acquiring land and land owners are fairly compensated, without undue burden on the broader community. Schedule 12 of TPS 6 sets out how the land valuation basis is determined and adjusted over time. It also sets out the rights of landowners to dispute a valuation adopted by Council. It should be noted that TPS 6 provides for a valuer to be appointed by Council, following agreement with owners, to advise on the land valuation basis. Should the owners be unable to come to an agreement regarding the appointment of a valuer, an appointment shall be made by the President of the Australian Property Institute. An interim land valuation basis has been adopted using advice from an independent property valuer engaged by the City, pending the formal appointment process of an agreed valuer. Tier 1 has been set, for the time being, at $1,200,000/ha ($120/m2). Tier 2 has been set, for the time being, at $350,000/ha ($35/m2). Figure 4 illustrates land and its respective land valuation basis. The land valuation basis will be updated at the time of the annual review of the DCP report. (NB - FUTURE UPDATES TO THIS DOCUMENT WILL INCLUDE A TABLE AT THIS POINT DETAILING THE HISTORY OF CHANGES MADE TO THE LAND VALUATION BASIS OVER THE LIFE OF THE DCA)


Figure 4 - Land Valuation Basis


4.0 COMMON INFRASTRUCTURE WORKS 4.1 Overview All owners of land who subdivide or develop will be required to make a contribution toward the cost of providing the following CIW within the DCA area, consistent with the provisions of State Planning Policy 3.6 – Development Contributions for Infrastructure and Schedule 12 of TPS No.6: • Construction of Holmes Street (Garden Street extension) • Upgrading of Southern River Road • Shared paths • Land acquisition to enable the widening of the Forrestdale Main Drain and Balannup

Lake Branch Drain • Upgrading of the Balannup Lake Branch Drain • Traffic signals on Holmes Street, at its intersections with Southern River Road, Matison

Street and Passmore Street. Contributions will also be required to fund some of the cost of planning undertaken in Precinct 3, the City’s costs involved in establishing and administering the DCA and post-development environmental monitoring. A summary of the CIW costs that are to be applied uniformly across the DCA area is set out in section 4.3, with details outlining how those costs have been determined set out in Appendix A. Any additional CIW costs that are specific to each of the six sub-precincts of the DCA are set out in Appendices B to G. Some owners may be exempt from making CIW contributions on the basis that part or all of their land is not able to be subdivided or developed, whether due to environmental constraints or the requirement to cede land for a public purpose (refer to section 4.2). 4.2 Calculation of Net Contribution Area It is necessary to calculate the extent of the area required to contribute towards CIW. The Net Contribution Area (NCA) is used to determine the contribution rate. Land able to be developed for residential or commercial purposes is required to make a contribution towards CIW. Land required for certain public purposes, including POS, regional roads and schools, is typically exempt from the requirement to make a CIW contribution. At the time of preparing the DCP report, the complete extent of land able to be subdivided or developed was not known. This is mainly as a result of the fact that various tracts of land within the DCA area have environmental constraints that require further investigation and consideration needs to be given to what land should be set aside for conservation and consequently what land may be developed. As a consequence, the NCA calculated in Table 3 represents a conservative estimate of the extent of the land that may be developed to ensure the DCA does not face a funding shortfall in future. In the event that the NCA increases and the CIW contribution rate is reduced as a consequence, the City will, where practicable, seek to reimburse owners for excess contributions subject to surplus funds being available to do so.


TABLE 3: Calculation of CIW Contribution Area

Gross Land Area 272.2315ha

Less

MRS Parks and Recreation (existing and proposed) 2.8974ha

Bush Forever Sites 16.7972ha

Core Wetlands and buffers 33.2167ha

Public Open Space 39.3216ha

Regional Roads 2.5559ha

Primary and High School Sites 15.0634ha

District Drainage 4.4724ha

Net Contribution Area (CIW) 157.9069ha

It should be noted that not all land required for a public purpose is excluded from the NCA and is therefore not exempt from making a contribution towards CIW. Land required for the construction of new subdivisional roads will not be excluded from the NCA. This is due the fact that the alignment and dimensions of all new roads are not determined and it is usually the case that the requirement to provide land for new roads is generally evenly applied across a development area. Only land required for widening Southern River Road or the construction of Garden Street will be exempt from the requirement to make a CIW contribution. Land that has been assumed as developable in Table 3, but subsequent to the preparation of the DCP report is developed for purposes such as a private school or place of worship, will not be exempt from making a CIW contribution. This is to ensure the DCA does not face a funding shortfall in future. 4.3 Summary of Common Infrastructure Works Table 4 provides a summary of the estimated CIW costs applicable to the DCA area and details how these costs will be apportioned as a contribution rate. The estimated costs are based upon average construction rates, current at the time of preparing the estimates, and advice received from service authorities and contractors. A description of the scope of works and calculations of estimates are provided in Appendix A. The adopted land valuation basis has been used to estimate the cost of providing CIW that involve a land component. The estimated costs in Table 4 do not include any allowance for common costs within any of the sub-precincts – these are detailed in Appendices B to G. For the purpose estimating CIW and POS contribution costs for the DCA, the costs have been rounded up to the nearest $100.


TABLE 4: PRECINCT 3 COMMON INFRASTRUCTURE WORKS

Note: All costs exclude GST. No GST is applied to CIW contributions. (estimates based on 2011 rates)

$4,826,700 1) Land Acquisition – Holmes Street, Southern River Road and associated drainage infrastructure

A contribution is to be made to fund the cost of acquiring land for the widening of Holmes Street (Garden Street extension), between Southern River Road and Passmore Street and at future intersections along Southern River Road between Ranford Road and Southern River.

Holmes St: A valuation rate of $1,200,000/ha, (Tier 1) for 2.5559ha of required land, has been used to calculate the estimate, in addition to an allowance of $1,000,000 for the value of improvements to make way for the road's construction.

Southern River Road; A valuation rate of $1,200,000/ha, (Tier 1) for 0.2220 ha of required land for road widening and 0.4110ha of land for road drainage, has been used to calculate the estimate.

$2,540,300 2) Construction/Upgrade of Holmes Street (Garden Street extension)

A contribution is to be made to the upgrading of Holmes Street (Garden Street extension), between Southern River Road and Passmore Street. Allowance is made for the cost of constructing one carriageway including drainage, and 50% of the cost of full earthworks for the second carriageway.

A construction rate of $1,830/linear metre for 1,330m has been used, plus $80/linear metre (50% of the cost) for earthworks.

$3,631,200 3) Upgrade of Southern River Road

A contribution is to be made to the upgrading of Southern River Road, between Ranford Road and Southern River. Allowance is made for 50% of the cost of constructing an additional carriageway including drainage, and 50% of the cost of full earthworks for the second carriageway.

A construction rate of $940/linear metre (50% of the cost) for 3,560m, has been used, plus $80/linear metre (50% of the cost) for earthworks.

$1,094,500 4) Shared Paths

A contribution is to be made to 100% of the cost of constructing shared use paths along Southern River Road, Holmes Street, the Southern River foreshore and Passmore Street as identified on the plan contained in Appendix A.

Allowance has been made for a construction cost rate of $110/linear m, for 9.950m of path. The 9,950m of path is comprised of:

• 3,560m along Southern River Road from Ranford Road to Southern River • 1,330m along Holmes Street From Southern River Road to Passmore

Street • 1,910m along the Southern River foreshore from Southern River Road to

Verna Street • 3,150 along Passmore Street From Southern River to Ranford Road


$3,902,200 5) Land Acquisition for Forrestdale Main Drain widening

A contribution is to be made to 100% of the cost of acquiring land for the widening of the Forrestdale Main Drain in accordance with the Water Corporation’s Forrestdale Main Drain Arterial Drainage Strategy and the adopted Local Structure Plan. Allowance has also been made for a basic level of landscaping works (turfing and reticulation) fit for future passive recreational use:

• A valuation rate of $350,000/ha (Tier 2), for 4.4724ha • Landscaping development rate of $50/m2, for 4.4724ha • Parkland/Landscaping maintenance rate of $2m2/year for two years.

$3,496,700 6) Land Acquisition and Upgrading of Balannup Lake Branch Drain

A contribution is to be made to 100% of the cost of acquiring land for the widening of the Balannup Lake Branch Drain between Southern River Road and Matison Street in accordance with the adopted Local Structure Plan. Allowance has also been made for upgrading the drain and providing a basic level of landscaping (turfing and reticulation) fit for future passive recreational use:

• A valuation rate of $1,200,000/ha (Tier 1), for 1.8000ha of land. • Landscaping development rate of $50/m2, for 1.8000ha of land. • Landscaping maintenance rate of $2m2/year for two years. • Drainage construction rate of $544/linear metre, for 720m.

$800,000 7) Traffic Management

A contribution is to be made to the cost of installing traffic signals at the following intersections:

• Southern River Road and Holmes Street (50%) • Holmes Street and Matison Street (100%) and Holmes Street • Passmore Street (50%)

$1,100,000 8) General Administration and Studies

A contribution is to be made to costs of administering the contribution arrangement, including:

• Accounting • Legal • Planning • Surveying • City staff costs • Post-development water monitoring

$21,391,600 Estimated total cost for common infrastructure works for the total net contribution area of 157.9069 ha.

(excludes any contribution to POS or CIW costs specifically relevant to a sub-precinct)

$135,469/ha Contribution per hectare of net contribution area


5.0 PUBLIC OPEN SPACE As mentioned in section 2.2, the provision of POS in Precinct 3 is a critical component of the planning and development of the area. POS will need to be set aside for various purposes, including recreation, conservation and drainage. The intended purpose for the POS will determine whether provision will be made in the DCA to fund its acquisition and if so, how the land is to be valued for the purpose of calculating the rate of contributions required to do so. The DCA will operate in the following manner in respect to POS contribution requirements and land owner compensation. 5.1 Land reserved for Parks and Recreation The DCA does not include any requirement for contributions to be made towards the cost of acquiring land reserved for Parks and Recreation under the Metropolitan Region Scheme. As a consequence, the DCA will not fund the cost of compensating owners required by the State Government to cede land for Parks and Recreation purposes. 5.2 Land identified as a Bush Forever Protection Area The DCA does not include any requirement for contributions to be made towards the cost of acquiring land identified in the Metropolitan Region Scheme as a Bush Forever Protection Area. As a consequence, the DCA will not fund the cost of compensating owners required to cede land for conservation purposes under the State Government’s Bush Forever initiative. 5.3 Other Conservation Land The DCA area contains extensive areas identified as wetlands by the State Government that lie outside of either a Parks and Recreation reservation or Bush Forever Protection Area, which potentially may be required for conservation. The Western Australian Planning Commission, in its consideration of the Precinct 3 LSP, directed that the DCA for the LSP area should make no provision for the collection of development contributions to be used to compensate land owners required to set aside wetlands as POS for conservation. As a consequence, the DCA does not include any requirement for contributions to be made towards the cost of acquiring wetlands, nor any provision for owners of land required for wetland conservation to be compensated from the DCA for doing so. Where wetlands are required to be set aside for conservation, there is typically a requirement for a buffer, usually as POS, to be provided to the abutting development. Notwithstanding that wetland buffer areas may offer some recreational utility and perform drainage functions, the DCA makes no provision for contributions to be made towards the cost of acquiring buffers, nor any provision for owners of land required for buffers to be compensated for doing so.


The potential for POS buffer areas to offer recreational use and form part of the contribution arrangement will be taken into account when considering ODPs for sub-precincts and the localised POS needs of the area subject to the ODP and the character of the relevant buffer area (see section 5.5). 5.4 Playing Fields – Passmore Street Approximately 13 hectares of land is identified on the Precinct 3 LSP for District Open Space on Passmore Street, near the intersection with Phoebe Street. The land is intended to be developed for playing fields to cater for a range of active recreation activities, such as competitive sport. As the playing fields will be for the broad benefit of future residents in Precinct 3, the costs involved in acquiring the land, undertaking a basic level of site works (including site preparation, turfing and reticulation) and a two year period of maintenance will be a shared item in the DCA. A cost allowance of $11,570,000 has been made to acquire and develop the land for playing fields, comprised of: Land acquisition – based on land value of $350,000/ha (Tier 2) for 13ha = $4,550,000 Site works, turf and landscaping @ $50/m2, for 130,000m2 = $6,500,000 POS maintenance rate of $2/m2 per year for two years = $520,000 This cost will be applied in the form of a contribution, which will be applied to all developable land in Precinct 3, with the exception of land developed for commercial purposes. As the complete extent of developable land is not currently known, the net POS contribution area calculated in Table 5 represents a conservative estimate of the extent of the land that may be developed to ensure the DCA does not face a funding shortfall in future. In the event that the POS contribution area increases and the POS contribution rate is reduced as a consequence, the City will, where practicable, seek to reimburse owners for excess contributions subject to surplus funds being available to do so. It should be noted that land that is not developable for residential purposes, including land required for POS (regional and local), is not required to make any contribution to any land or infrastructure included in the DCA. The contribution towards the district playing fields POS costs is calculated by the division of the cost of land and works by the net POS contribution area and equates to $104,710/ha.


TABLE 5: Calculation of POS Contribution Area for Playing Fields

Gross Land Area 272.2315ha

Less

MRS Parks and Recreation (existing and proposed) 2.8974ha

Bush Forever Sites 16.7972ha

Core Wetlands and buffers 33.2167ha

Public Open Space 39.3216ha

Regional Road Widening 2.5559ha

Primary and High School Sites 15.0634ha

District Drainage (FMD) 4.4724ha

Commercial Land Uses 47.4114ha

Net POS Contribution Area 110.4955ha

It should be noted that not all land required for a public purpose is excluded from the Net POS Contribution Area. Therefore some land (like for new subdivision roads) is required to make a contribution towards the playing fields costs. Land required for the construction of new subdivisional roads will not be excluded from the net POS Contribution Area. This is due the fact that the alignment and dimensions of all new roads are not determined (and therefore it is practically impossible to accurately calculate the land area involved) and it is usually the case that the requirement to provide land for new roads is generally evenly applied across a development area. Only land required for widening Southern River Road or the construction of Garden Street will be exempt from the requirement to make a contribution. Land that has been assumed as developable in Table 3, but subsequent to the preparation of the DCP report is developed for purposes such as a private school or place of worship, will not be exempt from making a POS contribution. This is to ensure the DCA does not face a funding shortfall in future. The contribution to the playing fields cost is applied separately to the CIW contribution and whatever POS equalisation arrangements have been or will be established in the separate sub-precincts (refer to section 5.5 and Appendix B to G for details). 5.5 Other Local POS Areas It has been recognised in the preparation of the DCP report that future residents in Precinct 3 will be likely to have access to substantial areas of POS, whether it be in the form of regionally significant land protected for conservation by the State Government, the 13ha Passmore Street playing fields, the 4.5ha parkland adjacent to the Forrestdale Main Drain, the 1.8ha parkland adjacent to the Balannup Lake Branch Drain and other localised POS areas, some of which will contain wetlands, buffers and drainage areas.


Even though many of these areas may be constrained for recreational use by their purpose of conservation or drainage, most of the Passmore Street playing fields and parkland adjacent to the two main drains, will not be constrained and should have good recreational utility. With a net developable area in Precinct 3 conservatively estimated at approximately 158 hectares, the combined area of the Passmore Street playing fields and parkland adjacent to the two main drains exceeds the usual 10% minimum POS requirement that applies under Western Australian Planning Commission policy on subdivision. In spite of this, there may be a need for additional small areas of POS to be set aside to cater for localised POS needs and fulfil a drainage function. This will be a matter to be considered through the preparation of ODPs for each of the six sub-precincts in the DCA area. Because of the complexity of POS provision and the related contribution approach in Precinct 3 and various unknown parameters at the time of preparing the DCP report, no specific provision has been made in the DCA to facilitate the equalisation through developer contributions and compensation arrangement for any additional small areas of POS that are to be set aside through an ODP and subsequent subdivision processes. There may however be a need for the City to establish and administer contribution arrangements for localised POS within a particular sub-precinct where an inequitable development outcome might occur without the City’s involvement. Where it is determined that POS contribution requirements are to be specifically applied within a sub-precinct to address an inequitable distribution of local POS, modifications will be made to the DCP report with details of the contribution arrangements outlined in Appendices B to G.


6.0 OPERATION OF DEVELOPMENT CONTRIBUTION PLAN Owners of land within the DCA will be required to make the requisite contributions outlined in the DCP Report at the earliest of the following circumstances: • At the time of seeking Council’s confirmation that the conditions of any subdivision

or development approval have been complied with; or • At any time in advance of the above if the developer chooses. Calculating the required contribution amount is achieved using the following formula: Required Contribution = (Whole of Precinct 3 CIW Contribution Rate X Stage Developable Area) + (Sub-Precinct CIW Contribution Rate X Stage Development Area) + (Whole of Precinct 3 POS Contribution Rate X Stage Developable Area) + (Sub-Precinct POS Contribution Rate X Stage Development Area) The timing of payment of contributions is vital to the successful operation of this DCP. Adequate funds need to be received by the City in order to facilitate the completion of CIW and acquisition of land for POS, including the payment of any compensation due in a timely manner. The City may accept costs incurred by owners in undertaking CIW or providing land for POS being offset against the contributions payable for a particular stage. Council may need to adopt an order of priority for the provision of CIW or acquisition of land for POS to ensure critical items of infrastructure are provided as soon as is possible. This may influence the City’s consideration of requests to offset CIW or POS expenses against the value of required contributions. The Precinct 3 DCA is to operate for a period of five years, unless otherwise determined by Council. An extension to the initial 5 year time period may be required to allow additional time for landowners to develop and make the required contributions.


APPENDIX A – COMMON INFRASTRUCTURE WORKS COSTING DETAILS 1. Land Acquisition for Widening Regional Roads The Precinct 3 Structure Plan incorporates the proposed realignment of the Holmes Street ‘Other Regional Road’ reservation under the Metropolitan Region Scheme (MRS), which provides for the future extension of Holmes Street, east of Southern River Road. An amendment to the MRS is likely to be initiated in the near future to realign this reservation to generally reflect the existing Holmes Street reservation, so as to avoid dissecting Bush Forever Site 646. The existing reserve is 20m and will ultimately need to be widened to 40m. The cost of acquiring the land for the Holmes Street road widening will be met by all landowners within the Structure Plan area as part of the DCA. A total of 2.5559 ha of land is required for the Holmes Street road widening at an estimated cost of $1,200,000/ha. The widening of Holmes Street will necessitate demolition of various improvements, including houses, outbuildings and fencing. An allowance of $1,000,000 has been made to compensate affected owners for the loss of these improvements and where possible, modify these improvements to accommodate the road widening. There is also a requirement for 0.2220ha road widening along Southern River Road on the Precinct 3 side, in particular at intersections with future roads. In addition 0.4110ha of land is required for drainage facilities to cater for road run off from Southern River Road to a nearby Water Corporation main drain to accommodate both linear drainage network and detention basins to maintain outflow at pre-development levels. The total of 3.1889ha of road widening and road drainage facilities at an estimated cost of $1,200,000/ha, equating to an allowance of $4,826,680 (rounded to $4,826,700). 2. Construction of Garden Street Holmes Street is a single carriageway road constructed to a rural standard. The extension of Garden Street to the north of Southern River Road is proposed to connect to Tonkin Highway, generally in the vicinity of the existing alignment of Holmes Street to cater for urban growth in the area. An allowance is made for the full cost of providing an 8.5m single carriageway (including drainage, median, left turn pockets out of the carriageway and right turn pockets into the carriageway) and half the cost of earthworks on the second carriageway for the extent to which the road lies within the LSP area (that is between Southern River Road and Passmore Street), consistent with WAPC policy. A construction rate of $1,830/linear metre for 1,330m of road has been used, plus $80/linear metre (50% of the cost) for earthworks, equating to allowance of $2,540,300. Provision in the cost allowances is made for surveys, design, testing, traffic management, clearing, earthwork, pavement, kerbing, road surfacing, drainage, brick paving, reinstatement of crossovers, landscaping, signs, pavement marking, public utility relocations, street lighting, supervision, overheads and general contingencies of 10% of the construction costs to allow for any unforseen circumstances that may arise during design and construction of the roads.


3. Upgrade of Southern River Road Southern River Road is constructed as undivided single carriageway road to a rural standard adjacent to the subject land. Duplication of this road is planned as a result of urban growth in the locality, which will be of direct benefit to Precinct 3. Given the road flanks the DCA area, an allowance is made for half the cost of constructing an additional carriageway (including drainage, median, left turn pockets out of the carriageway and right turn pockets into the carriageway), and half the cost of full earthworks for the second carriageway of Southern River Road for the section between Ranford Road and the northern extent of the Structure Plan area – 3,560 metres, consistent with WAPC policy. The balance of the cost will be met by contributing landowners within Southern River Precinct 2 and from municipal funds. A construction rate of $940/linear metre for 3,090m of road, multiplied by 50%, has been used, plus $80/linear metre (50% of the cost) for earthworks, equating to allowance of $3,631,200. Provision in the cost allowances is made for surveys, design, testing, traffic management, clearing, earthwork, pavement, kerbing, road surfacing, drainage, brick paving, reinstatement of crossovers, landscaping, signs, pavement marking, public utility relocations, street lighting, supervision, overheads and general contingencies of 10% of the construction costs to allow for any unforseen circumstances that may arise during design and construction of the roads. 4. Shared Paths Allowance has been made to construct shared use paths within the Structure Plan area; along Southern River Road (3,560m), along Holmes Street (1,330m), along the Southern River foreshore between Southern River Road and Leslie Street (1,910m) and on Passmore Street between Ranford Rd and Southern River (3,150m). All shared paths are to be 2.0m wide and are required to be constructed by individual subdividers. A construction cost of $110 per metre has been allowed for construction of the shared use paths at a total length of 9,950 metres. The above cost includes any pram ramps, grab rails and/or tactile paving that may be required. Subdividers will also be responsible for constructing new footpaths (1.5m wide) as part of the construction of new roads and upgrade of existing roads, however the costs are not identified as CIW in the DCA. Total Cost = $1,094,500 5. Land Acquisition for Forrestdale Main Drain Widening The Water Corporation’s Forrestdale Main Drain Arterial Drainage Strategy identifies the need to widen the Forrestdale Main Drain where it traverses the LSP area. The Water Corporation has previously advised that it is not prepared to fund this acquisition of the land, through headworks contributions or any other mechanism. As such, the cost of acquiring the land is to be shared amongst developing landowners within Precinct 3.


A contribution is to be made to 100% of the cost of acquiring land for the widening of the Forrestdale Main Drain in accordance with the Arterial Drainage Strategy and the adopted LSP. A Tier 2 land valuation basis of $350,000/ha, for 4.4724ha, has been adopted, acknowledging that that the required land is not currently zoned for urban purposes and is constrained by environmental features. Allowance has also been made for a basic level of landscaping works (turfing and reticulation) fit for future passive recreational use and an initial period of maintenance. A Landscaping development rate of $50/m2, for 4.4724ha, has been allowed in addition to a parkland maintenance rate of $2/m2 per year for two years. No allowance is made for the cost of constructing the widened drain, as this is a Water Corporation responsibility. The total cost allowance is $3,969,300. 6. Land Acquisition and Upgrading the Balannup Lake Branch Drain An allowance has been made for the upgrading of Balannup Lake Drain given its district level drainage function within and outside the Structure Plan area. The allowance includes the cost of land acquisition, excavation, dewatering, acid sulphate soils management, watercourse shaping and access chambers and to provide a basic level of landscaping (turfing and reticulation) fit for future passive recreational use, as follows:

• A valuation rate of $1,200,000/ha (Tier 1), for 1.8000ha of land.

• Landscaping development rate of $50/m2, for 1.8000ha of land.

• Landscaping maintenance rate of $2/m2 per year for two years.

• Drainage construction rate of $544/linear metre, for 720m. The total allowance is $3,523,700. 7. Traffic Management Allowance has been made for a contribution to the following traffic management works: • 50% of the cost of traffic signals at the intersection of Southern River Road and

Holmes Street (total $200,000) • 100% of the cost of traffic signals will be required at the intersection of Holmes

Street and Matison Street (total $400,000) • 50% of the cost of traffic signals at the intersection of Holmes Street and Passmore

Street (total $200,000) The total allowance is $800,000 10. General Administration and Studies Provision has been made for a contribution to the broad range of costs associated with establishing and administering a DCA, which include the following:


• Accounting (bank fees, audit costs) - $20,000

• Legal (technical advice, land acquisition costs) - $50,000

• Planning (preparation of the LSP) - $280,000

• Surveying (cost estimates, land/titles) – $50,000

• City staff costs (time – establishment, contribution receipted, reviewing expenditure claims, updating DCP, customer service, reporting to Council, producing statements) - $550,000

• Post-development water monitoring (development and implementation of program to monitoring impacts of development on ground and surface water conditions) - $150,000

The total allowance for administration over the life of the DCA is $1,100,000.


APPENDIX B – DEVELOPMENT CONTRIBUTION ARRANGEMENTS SPECIFIC TO SOUTHERN RIVER SUB-PRECINCT 3A The following contribution arrangements apply within Sub-Precinct 3A in addition to the requirements for the broader Precinct 3 DCA area: Outline Development Plan: An ODP has been adopted for most of Precinct 3A (see attached). The ODP will need to be modified to include the portion of Precinct 3A that lies to the south of Holmes Street, which has recently been incorporated within the amended boundary of the sub-precinct. Common Infrastructure Works: The cost of preparing the adopted Precinct 3A ODP is included as a common cost for Precinct 3A. An allowance of $300,000 has been made, based on costing details provided by the proponent, Taylor Burrell Barnett, which covers the planning, engineering and environmental elements of the plan and includes the approved Local Water Management Strategy. The cost of preparing the ODP is to be equally shared by all developable land in Precinct 3A.

CIW Contribution Area – Precinct 3A

Gross Precinct Area 64.7653 ha

less

Holmes Street road widening 1.2592 ha

Public Open Space 6.3294 ha

Primary School 4.0430 ha

Net CIW Contribution Area 53.1337 ha

The Precinct 3A CIW contribution is therefore $5,646/ha ($300,000/53.1337 ha). In addition, the portion of land in Precinct 3A south of Holmes Street is required to make a contribution towards the road connection needed to link with development in Precinct 3E, across the future parkland associated with the upgraded Balannup Lake branch drain. An allowance of $150,000 has been made for the cost of constructing the 50m segment of road where it is to cross the Balannup Lake branch drain parkland corridor, including road pavement, kerbing, lighting and drainage and including design and contingencies. While the road connection will be of general benefit to broad area to provide access to commercial facilities, parkland and schools, the land which will derive the most direct benefits will be in Precinct 3E and the southern portion of Precinct 3A (south of Holmes Street) The developable portion of Precinct 3A south of Holmes Street, after accounting for ceding land for the widening of the Holmes Street and the Balannup Lake branch drain and associated parkland corridor, is anticipated to be 9.7000 ha.


On a respective land area basis, the developable portion of Precinct 3E represents 65% of the combined Precinct 3E and Precinct 3A (south of Holmes Street) area. The southern portion of Precinct 3A's share of the road connection cost is therefore $52,500/ha, which equates to a cost of $5,412/ha ($150,000 x 35% divided by 9.70 ha). Public Open Space: The current ODP identifies six separate POS areas, collectively totalling 4.5294ha. The cost of acquiring this land is to be equally shared by all land developable for residential purposes. In addition, land adjacent to the Balannup Lake Branch Drain will be set aside for POS, though it will be a shared cost for the broader Precinct 3 area. Assuming a Tier 1 Land Valuation Basis of $1,200,000/ha ($120/m2), 4.5292ha of land will cost $5,435,100 to acquire. Allowance is also made for site works and landscaping (@$50m2) = $2,264,600 and parkland maintenance ($2/m2 per year for two years) = $181,200. The total POS cost for Precinct 3A is therefore $7,880,900.

POS Contribution Area – Precinct 3A


Less

Holmes Street road widening 1.2592 ha


Balannup Lake Branch Drain widening 1.8000 ha

Primary School 4.0430 ha

Commercial land 1.1422 ha

Net POS Contribution Area 51.9915 ha

The Precinct 3A POS contribution is therefore $151,579/ha ($7,880,900/51.9915ha) nb – new subdivisional roads are not deducted from the developable area, meaning contributions are payable on the land area for new roads (with the exception of land for the widening of Holmes Street). Any land that is developed for non-residential purposes that is not within the above deducted areas will be subject to a POS contribution.



APPENDIX C – DEVELOPMENT CONTRIBUTION ARRANGEMENTS SPECIFIC TO SOUTHERN RIVER SUB-PRECINCT 3B The following contribution arrangements apply within Sub-Precinct 3B in addition to the requirements required for the broader Precinct 3 DCA area, as detailed in main body of the DCP report: To be determined


APPENDIX D – DEVELOPMENT CONTRIBUTION ARRANGEMENTS SPECIFIC TO SOUTHERN RIVER SUB-PRECINCT 3C The following contribution arrangements apply within Sub-Precinct 3C in addition to the requirements required for the broader Precinct 3 DCA area, as detailed in main body of the DCP report: To be determined


APPENDIX E – DEVELOPMENT CONTRIBUTION ARRANGEMENTS SPECIFIC TO SOUTHERN RIVER SUB-PRECINCT 3D The following contribution arrangements apply within Sub-Precinct 3D in addition to the requirements required for the broader Precinct 3 DCA area, as detailed in main body of the DCP report: To be determined


APPENDIX F – DEVELOPMENT CONTRIBUTION ARRANGEMENTS SPECIFIC TO SOUTHERN RIVER SUB-PRECINCT 3E The following contribution arrangements apply within Sub-Precinct 3E in addition to the requirements required for the broader Precinct 3 DCA area, as detailed in main body of the DCP report: Outline Development Plan: An ODP has been prepared for Precinct 3E (see attached) and as at January 2011, it had been adopted by Council and was with the WAPC for determination. Common Infrastructure Works: A road is necessary to link development in Precinct 3E, across the future parkland associated with the upgraded Balannup Lake branch drain and through the southern portion of Precinct 3A to connect with Holmes Street. An allowance of $150,000 has been made for the cost of constructing the 50m segment of road where it is to cross the Balannup Lake branch drain parkland corridor, including road pavement, kerbing, lighting and drainage and including design and contingencies. While the road connection will be of general benefit to broad area to provide access to commercial facilities, parkland and schools, the land which will derive the most direct benefits will be in Precinct 3E and the southern portion of Precinct 3A (south of Holmes Street)

CIW Contribution Area – Precinct 3E


less


Land within by 500m kennel buffer 4.3800 ha

Net CIW Contribution Area 18.0021 ha

The developable portion of Precinct 3A south of Holmes Street, after accounting for ceding land for the widening of the Holmes Street and the Balannup Lake branch drain and associated parkland corridor, is anticipated to be 9.7000 ha. On a respective land area basis, the developable portion of Precinct 3E represents 65% of the combined Precinct 3E and Precinct 3A (south of Holmes Street) area. Precinct 3E's share of the road connection cost is therefore $97,500/ha, which equates to a cost of $5,412/ha ($150,000 x 65% divided by 18.0021ha). No other infrastructure works have been identified as common to all owners within Precinct 3E. nb – All figures are indicative and subject to approvals and surveying. New subdivisional roads are not deducted from the developable area, meaning contributions are payable on the land area for new roads.


Public Open Space: The draft ODP identifies a parcel of land of 3.4750ha for POS. The DCP does not make any provision for owners who cede land for POS, or carry out improvements within the POS in Precinct 3E to be compensated from the DCA. This does not preclude the owners making private equalisation arrangements between themselves.


APPENDIX G – DEVELOPMENT CONTRIBUTION ARRANGEMENTS SPECIFIC TO SOUTHERN RIVER SUB-PRECINCT 3F The following contribution arrangements apply within Sub-Precinct 3F in addition to the requirements required for the broader Precinct 3 DCA area, as detailed in main body of the DCP report: To be determined


Documents

TOWN PLANNING SCHEME NO. 6 AMENDMENT NO. 110 · TOWN PLANNING SCHEME AMENDMENT NO. 110 REPORT 1.0 INTRODUCTION The City of Gosnells seeks the support of the Western Australian Planning