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CITY OF SWAN

LOCAL PLANNING SCHEME NO. 17

AMENDMENT NO. 169

TO INSERT DEVELOPMENT CONTRIBUTION PLAN PROVISIONS INTO SCHEDULE 13 FOR

DEVELOPMENT CONTRIBUTION AREA 4 - SOUTH BULLSBROOK INDUSTRIAL PRECINCT (DCA 4)

'COMPLEX AMENDMENT'

PLANNING AND DEVELOPMENT ACT, 2005 (AS AMENDED)

RESOLUTION DECIDING TO AMEND A LOCAL PLANNING SCHEME

CITY OF SWAN

LOCAL PLANNING SCHEME NO. 17 - AMENDMENT NO. 169

Resolved that the Council, in pursuance of Section 75 of the Planning and Development Act 2005 (as amended) amend the above Local Planning Scheme to:

a. Replace current references to Development Contribution Area No.4 (DCA 4)

in Schedule 13 of the Scheme text with the following:

DCA No.

AREA NAME DEVELOPMENT CONTRIBUTION PLAN

DCA 4 South Bullsbrook Industrial - The Development Contribution Area (DCA) comprises all the land referred to as South Bullsbrook Industrial identified by the scheme maps as DCA 4

Relationship to other planning instruments

The Development Contribution Plan has generally been informed by: Bullsbrook Townsite Land Use Master Plan

(District Structure Plan) and appendices Bullsbrook Townsite Land Use Master Plan

Precinct Traffic Contributions Report (Transcore June 2018)

Local Structure Plans and associated

appendices

Infrastructure and Administrative items to be funded

Transport Infrastructure items Sub-Regional Transport Construction and/or upgrade of the following existing and future roads, crossings and intersections which are required to service growth in South Bullsbrook Industrial (DCA 4): Roads upgraded and/or constructed:

S-TRF01 to S-TRF11 and S-ACQ19 to S-ACQ24

Stock Road between the Great Northern Highway and Perth-Geraldton Rail line. For this sub-regional work the cost sharing arrangements excludes acquiring land that is north of existing road reserve, where that land resumption is itemised as a 'District Transport' infrastructure in this DCA 4.

S-TRF12 to S-TRF15 and S-ACQ28 to S-SCQ29

Stock West Road between the Perth-Geraldton Rail line and the Primary Regional Roads designation. For this sub-regional work the cost sharing arrangements excludes acquiring land that is north of existing road reserve, where that land resumption is itemised as a 'District

Transport' infrastructure in this DCA 4.

Crossing treatments upgraded and/or

constructed for a:

S-BR01 and SACQ-BR01

Railway crossing along Stock Road / Stock West Road to bridge the Perth-Geraldton Rail Line


Traffic bridge along Stock Road to cross the Ellen Brook

Intersection treatments upgraded and/or

constructed:

S-INT01 and SACQ-INT01

Great Northern Highway and Stock Road


Great Northern Highway and Main Entrance ('Link 1') and 'Road K'


Great Northern Highway and Lage Road and Dewar Road

Land resumptions necessary to accommodate

the proposed designs for all Sub-Regional Level Transport Infrastructure previously listed, where not already provided in existing road reserves or otherwise specifically stated as an exclusion in its description.

Relocation of existing underground and

overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all Sub-Regional Level Transport Infrastructure previously listed.

District Transport Construction and/or upgrade of the following existing and future roads, crossings and intersections which are required to service growth in the Development Contribution Area with the cost apportioned between the precincts based on their ultimate infrastructure demand: Roads upgraded and/or constructed:

ACQ09 to ACQ18

Land resumptions necessary to accommodate Stock Road between the Great Northern Highway and Perth-Geraldton Rail line that is north of existing road reserve from DCA 4 landowners

ACQ25 to ACQ27

Land resumptions necessary to accommodate Stock West Road between the Perth-Geraldton Rail line and the Primary Regional Roads designation that is north of existing road reserve


constructed:

INT02 and ACQ-INT02

Stock Road and 'Road A'.

INT03 and ACQ-INT03

Stock Road and 'Road B'

INT04 and ACQ-INT04

Stock Road and 'Road C' (most western intersection abutting Precinct 2)

INT05 and ACQ-INT05

Stock Road and 'Road E' (most eastern intersection abutting Precinct 2)


the proposed designs for all District Level Transport Infrastructure previously listed, where not already provided in existing road reserves.


overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all District Level Transport Infrastructure previously listed.

Local (Precinct) Transport Construction and/or upgrade of the following existing and future roads, crossings and intersections which are required to service growth within a Precinct(s) with the costs apportioned within nominated Precinct(s): Eastern Precinct 1 (LSP 1): Roads upgraded and/or constructed:

TRF25 to TRF31 and ACQ-TRF25A to ACQ-TRF31B

Warren Road between the Great Northern Highway and 'Road K' with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand

TRF32 to TRF36 and ACQ-TRF32 to ACQ-TRF36

'Road A' between Stock Road and Warren Road

TRF37 to TRF40 and

ACQ-TRF37 to ACQ-TRF40

'Road B' between Stock Road and Warren Road


constructed for a:

BR03 and ACQ-BR03

Traffic bridge along Warren Road to cross the Nambad Brook with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand


constructed:

INT11 and ACQ-INT11

Great Northern Highway and Warren Road with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand

INT08 and ACQ-INT08

Warren Road, 'Road A' and Dewar Road extension with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand

INT09 and ACQ-INT09

Warren Road and 'Road B'


the proposed designs for all Neighbourhood Level Transport Infrastructure previously listed, where not already provided in existing road reserves.


overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all Neighbourhood Level Transport Infrastructure previously listed.

Western Precinct 2 (LSP 2): Nil

North-Eastern Precinct 3 (LSP 3): Roads upgraded and/or constructed:




Dewar Road extension between Great Northern Highway and Warren Road


Butternab Road between Great Northern Highway and 'Road K'


'Road K' between Great Northern Highway and Warren Road


constructed for a:

BR03 and ACQ-BR03



constructed:

INT11 and

ACQ-INT11

Great Northern Highway and Warren Road with the costs apportioned between Precinct 1 and 3, based on their

respective ultimate infrastructure demand

INT08 and ACQ-INT08


INT10 and ACQ-INT10

Warren Road and 'Road K'

INT14 and ACQ-INT14

Butternab Road and 'Road K'

INT12 and ACQ-INT12

Butternab Road and Great Northern Highway


the proposed designs for all Neighbourhood Level Transport Infrastructure previously listed, where not already provided in existing road reserves.


overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all Neighbourhood Level Transport Infrastructure previously listed.

Drainage Infrastructure items Local (Precinct) items Construction and/or upgrade of the following drainage infrastructure which is required to service growth within a Precinct(s) with the costs apportioned within nominated Precinct(s): Eastern Precinct 1 (LSP 1): Arterial swales upgraded and/or constructed:

A1.1 ACQ-A1.1 A1.2 ACQ-A1.2 A2 ACQ-A2 CaX ACQ-CaX Ca1 ACQ-Ca1 Ca3 and ACQ-Ca3

'Arterial Swale A' linking surface flows entering Precinct 1 from the Great Northern Highway to 'Arterial Swale B' (at 'Road A'), inclusive of 3 key arterial culverts.

B1 ACQ-B1 B2.1

ACQ-B2.1

'Arterial Swale B' linking surface flows entering Precinct 1 from Warren Road, along Warren Road (southern side), then 'Road A', then Stock Road (northern side) to

exit at Stock Road, inclusive of 7 key arterial culverts

B2.2 ACQ-B2.2 B3.1 ACQ-B3.1 B3.2 ACQ-B3.2 B4 ACQ-B4 Cb1 ACQ-Cb1

Cb2 ACQ-Cb2 Cb3 ACQ-Cb3 Cb4 ACQ-Cb4 Cb5 ACQ-Cb5 Cb6 ACQ-Cb6 Cb7 and ACQ-Cb7

Basins (inclusive of Bio-Retention Areas and

Flood Storage Areas and any key culverts) upgraded and/or constructed:

Bio1 ACQ-Bio1 FSA1 and ACQ-FSA1

Near the intersection of Stock Road (northern side) and 'Road A' (western side)

Bio2/3 ACQ-Bio2/3 Cc1 and ACQ-Cc1

Near the intersection of Stock Road (northern side) and 'Road B' (eastern side), inclusive of 1 key arterial culvert

Bio4 ACQ-Bio4

Near the Nambad Brook foreshore on Lot 1 on Warren Road, Bullsbrook

FSA4 and ACQ-FSA4

Bio5 ACQ-Bio5 FSA5

and ACQ-FSA5

Near the Ki It Monger Brook foreshore and Warren Road (southern side)

Land Resumptions necessary to accommodate

the proposed designs for all DCP Arterial Channels, Basins and Flood Storage Areas as previously listed, where not already provided in existing reserves.


overhead services where they would otherwise interfere with the upgrading/construction of the proposed designs for all DCP Neighbourhood level Drainage Infrastructure as previously listed.

Western Precinct 2 (LSP 2): Nil North-Eastern Precinct 3 (LSP 3): Arterial swales upgraded and/or constructed:

AS2

and ACQ-AS2

'Arterial Swale 2' linking

surface flows entering Precinct 3 from the Great Northern Highway to 'Arterial Swale 3'

AS3 and ACQ-AS3

'Arterial Swale 3' linking surface flows between 'Arterial Swale 2' to the Basin B2.1 and Basin B3.1 near 'Road K'

AS7 and ACQ-AS7

'Arterial Swale 7' linking surface flows between Basin 5.1 to Basin 7.1 near 'Road K'

AS8 and ACQ-AS8


AS9 and ACQ-AS9

'Arterial Swale 9' linking surface flows between Basin 8.1 to 'Arterial Swale 10'

AS10

'Arterial Swale 10' linking surface flows between

and ACQ-AS10

'Arterial Swale 9' to Basin B9.1 and the Nambad Brook

AS15 and ACQ-AS15

'Arterial Swale 15' linking surface flows between Basin 13.1, the Dewar Road extension and Basin 15.1 to 'Arterial Swale 18'

AS16/17 and ACQ-AS15

'Arterial Swale 16/17' linking surface flows entering Precinct 3 from the Great Northern Highway to Basin 16.1, Basin 17.1 and into Precinct 1

AS18 and ACQ-AS18

'Arterial Swale 18' linking surface flows between 'Arterial Swale 15', Basin 14.1, Basin 15.1 and the Nambad Brook.

AS19 and ACQ-AS19

'Arterial Swale 19' linking surface flows along Warren Road (northern side) between Basin 18.1 and Basin 19.1

AS20 and ACQ-AS20



Flood Storage Areas) upgraded and/or constructed:

B2.1 and ACQ-B2.1

Basin 2.1 near 'Road K' and the Ki It Monger Brook foreshore (southern side) linking 'Arterial Swale 3' and Basin 3.1

B3.1 and

ACQ-B3.1

Basin 3.1 near 'Road K' linking to 'Arterial Swale 3' and Basin 2.1

B4.1 and ACQ-B4.1

Basin 4.1 near 'Road K' and north of Butternab Road

B5.1 and ACQ-B5.1

Basin 5.1 near 'Road K' south of Butternab Road linking 'Arterial Swale 7'

B6.1 and ACQ-B6.1

Basin 6.1 near the Nambad Brook (northern side) on Lots 2 Butternab Road and Lot 11 Great Northern Highway, Bullsbrook

B7.1 and

Basin 7.1 near 'Road K' linking 'Arterial Swale 7' and 'Arterial Swale 8'

ACQ-B7.1

B8.1 and ACQ-B8.1


B9.1 and ACQ-B9.1

Basin 8.1 near the Nambad Brook (northern side) linking 'Arterial Swale 10'

B10.1 and ACQ-B10.1

Basin 10.1 near 'Road K', the Nambad Brook (north-western side) and Warren Road (northern side)

B11.1 and ACQ-B11.1

Basin 11.1 near the Nambad Brook (southern side) and predominately on Lot 2 Butternab Road, Bullsbrook

B12.1 and ACQ-B12.1

Basin 12.1 near the Nambad Brook and Dewar Road on Lot 209 Dewar Road Bullsbrook

B13.1 and ACQ-B13.1

Basin 13.1 near the Dewar Road extension linking 'Arterial Swale 15'

B14.1 and ACQ-B14.1

Basin 14.1 on Lot 1 Dewar Road Bullsbrook linking 'Arterial Swale 15' and 'Arterial Swale 18'

B15.1 and

ACQ-B15.1

Basin 15.1 near the Dewar Road extension predominately on Lot 151 Great Northern Highway Bullsbrook

B16.1 and ACQ-B16.1

Basin 16.1 near Warren Road (northern side) and 'Arterial Swale 16/17' (western side) linking to outflow into Precinct 1

B17.1 and ACQ-B17.1

Basin 17.1 near Warren Road (northern side) and 'Arterial Swale 116/17' (eastern side) linking to outflow into Precinct 1

B18.1 and ACQ-B18.1

Basin 18.1 near Warren Road (northern side) on Lot 153 Warren Road, Bullsbrook linking 'Arterial Swale 19'

B19.1 and

Basin 19.1 near Warren Road (northern side) on Lot 7 Warren Road, Bullsbrook linking 'Arterial Swale 19' and

ACQ-B19.1

'Arterial Swale 20'

B20.1 and ACQ-B20.1

Basin 20.1 near 'Road K', the Nambad Brook (south-eastern side) and Warren Road (northern side) linking 'Arterial Swale 20'


the proposed designs for all DCP Arterial Channels, Basins and Flood Storage Areas as previously listed, where not already provided in existing reserves.


overhead services where they would otherwise interfere with the upgrading/construction of the proposed designs for all DCP Neighbourhood level Drainage Infrastructure as previously listed.

Administrative items Costs to prepare and administer the

Development Contribution Plan (including legal expenses, valuation fees, cost of design and cost estimates, consultant and contract services, financing costs, proportion of staff salaries, technical support and office expenses for the purposes of administering the plan and expenses incurred by the City in relation to litigation in any Court or Tribunal or arbitration, whether incurred before or after the incorporation of the DCP in Schedule 13).

Cost to review estimates including the costs

for appropriately qualified independent persons.

Costs to update the cost apportionment

schedules, register of cost contributions, and infrastructure.

Method for calculating contributions

The amount of an owner’s Cost Contribution will be determined by the proportional share of the Infrastructure Demand that the proposed development generates in accordance with the Cost Apportionment Schedule.

a. The DCP Report and Cost Apportionment Schedule shall defined units of Infrastructure Demand used to calculate a Cost Contribution. b. The DCP Report shall estimate the Infrastructure Demand and both the Administrative and Infrastructure Cost for each network of Infrastructure to calculate the Infrastructure Contribution Rate expressed in $/unit of Infrastructure Demand. c. The Cost Apportionment Schedule shall report the Infrastructure Contribution Rates for each network of Infrastructure. d. The Cost Contribution applicable to development for each network of Infrastructure will be calculated in accordance with the general method outlined:

C=[ID x CR] x I Where: C = Cost Contribution (for a chosen network, e.g.Transport) ID = Infrastructure Demand, calculated using the Cost Apportionment Schedule CR = Contribution Rate as set out in the Cost Apportionment Schedule I = Indexation factor set out in the Cost Apportionment Schedule to take into account inflation and other matters relevant to the capital cost of infrastructure.

e. The Cost Contribution for Sub-Regional Transport infrastructure shall utilise a Contribution Rate as set out in Cost Apportionment Schedule and which has

been determined on the following basis:

CR = [TV% x A] / TID Where: TV% = Percentage of the traffic using the Sub-regional Transport infrastructure as modelled by the Bullsbrook Townsite Land Use Master Plan Precinct Traffic Contributions report (Transcore June 2018) A = Asset Cost TID = Total Infrastructure Demand for the South Bullsbrook Industrial DCA

Priority and timing

The detailed scope and cost of each infrastructure network shall be described in the Development Contribution Plan Report which shall outline the assumptions necessary to determine Infrastructure Contribution Rates and inform the Cost Apportionment Schedules.

Period of Operation

This Development Contribution Plan shall retain its force and effect until the completion of the development of all en-globo landholdings within

the Development Contribution Area (DCA) and shall operate for an initial period of ten (10) years from the date of gazettal of this amendment, after which the DCP will be reviewed and if necessary, amended or replaced.

Review Process

The Development Contribution Plan will be reviewed when considered appropriate, but at a time that is no longer than 5 years after the date of gazettal of this amendment, having regard to the rate of subsequent development in the area since the last review and the degree of development potential still existing. The estimated infrastructure costs shown in the cost apportionment schedule will be reviewed at least annually in accordance with Clause 5A.2.13

SCHEME AMENDMENT REPORT

1. LOCAL AUTHORITY : CITY OF SWAN

2. DESCRIPTION OF LOCAL PLANNING SCHEME : LOCAL PLANNING SCHEME NO. 17

3. TYPE OF SCHEME : DISTRICT ZONING SCHEME

4. SERIAL NUMBER OF AMENDMENT : LPS17-169

5. PROPOSAL : To insert Development Contribution

Plan (DCP) provisions into the

existing Development Contribution Area 4 - South Bullsbrook Industrial

Precinct (DCA 4) under Schedule 13 of the scheme text

6. CLASSIFICATION : Complex

CONTENT

Resolution deciding to amend the scheme (initiation page)

1.0 RATIONALE FOR THE AMENDMENT

2.0 DCP BASED ON STRUCTURE PLANNING OUTCOMES AND MINISTER'S DECISION ON

SCHEME AMENDMENT NO.108

3.0 CONSISTENCY WITH STATE PLANNING POLICY 3.6 - DEVELOPMENT

CONTRIBUTIONS FOR INFRASTRUCTURE

4.0 PRECINCT APPROACH

5.0 SUMMARY OF ITEMS TO BE FUNDED

6.0 OTHER KEY DETAILS

7.0 CONCLUSION

Resolution to amend the scheme (execution pages)

1.0 RATIONALE FOR THE AMENDMENT

The South Bullsbrook industrial area involves approx. 307 ha of land north of Stock Road,

east of the Perth-Geraldton freight rail line, south of RAAF Base Peirce, west of the Great

Northern Highway and is divided by the Ellen Brook.

The subject land is zoned for industrial development but is predominately undeveloped

and rural in nature with narrow rural-grade roads and open culverts. The industrial

development of this land will give rise to a need for the upgrade of existing roads from

rural to industrial standards inclusive of intersection upgrades, the provision of new roads

to an urban standard inclusive of new intersection treatments, the provision of creek

crossings for new roads and the provision of comprehensive and appropriate drainage

network.

Land ownership is fragmented across this land, compromising of 29 separate registered

landowners across 32 separate landholdings in October 2018. As such there is the need to

consider a cost-sharing mechanism to ensure landowners equitably contribute towards

road and drainage infrastructure that the future industrial development of the land needs

and collectively benefits from.

When this land was rezoned to facilitate industrial development in March 2013 a

Development Contribution Area (DCA 4) was also inserted in the scheme text and maps at

the same time. The current DCA 4 simply identifies where cost-sharing arrangements

should be sought; it doesn’t give the right to levy landowners because it doesn’t detail

what will be funded or how costs are to be shared. A DCP and scheme amendment is

required before landowners can be levied and this is the purpose of this Amendment

No.169 to Local Planning Scheme No.17 (LPS 17).

Amendment No.169 proposes to replace current references to DCA 4 in Schedule 13 of the

Scheme Text with detailed legal framework that determines the infrastructure and

administrative items to be funded, how costs will be apportioned, how the priority and

timing of infrastructure is determined, the period of operation and process of review.

At initiation the changes to Local Planning Scheme No.17 are textual only; no changes are

proposed to the scheme maps.

Supporting Amendment No.169 is the 'South Bullsbrook Development Contribution Plan

(DCP) for DCA 4' which goes into the specifics of the cost implications to DCA landowners

and gives the cost contribution rate.

2.0 DCP BASED ON STRUCTURE PLANNING OUTCOMES AND MINISTER'S

DECISION ON SCHEME AMENDMENT NO.108

This DCP proposes to fund selected roads, intersections, crossings and drainage

infrastructure that are deemed necessary to facilitate the orderly development of the DCA

4 area. These costs are proposed to be shared only because the fragmented ownership of

the land makes it untenable and/or inequitable to condition this work upon any one

landowner without some form of remuneration.

The infrastructure items to be funded and the apportionment of costs are informed by the

following planning documents and decisions:

2.1 Local Structure Plans within the DCA 4 area

The outcomes and recommendations of three (3) local structure plans that relate to the

subject land. These are -

o WAPC approved Gateway Local Structure Plan No.1 (City Ref. SP17-033)

o WAPC approved South Bullsbrook Local Structure Plan No.2 (City Ref. SP17-040)

o Nambad Local Structure Plan (City Ref. SP17-035) - its status is that the WAPC has

directed modifications to the proposal before it is prepared to give its final

approval. These modifications have yet to be acted upon by the applicant.

2.2 Bullsbrook Townsite District Structure Plan (WAPC approved April 2018)

The content of this DCP reflects the outcomes and recommendations of this WAPC

approved document, which was initially advertised and entitled as the "Bullsbrook

Townsite Land Use Master Plan".

Of specific relevant is its recommendation for the need to coordinate key access points

along the Great Northern Highway between this DCP area and the expanded Bullsbrook

Residential Townsite area to the east.

2.3 Minister's direction on the defunct Amendment No.108

This proposed amendment and DCP is the second attempt to provide a shared

infrastructure cost contribution arrangement for the South Bullsbrook Industrial Area. As

such the content of this proposal has been informed by the previous proposed amendment

No.108 (which also sought to establish a DCP over this same land) and the direction that

was given to the City issued on 9 January 2018.

The Minister's Direction stated:

"The City of Swan are advised that a new development contribution plan (DCP) and

scheme amendment should be prepared for upgrades required to subregional

transport infrastructure to service development in the Bullsbrook locality.

The amendment should be progressed in a timely manner and needs to be

supported by a comprehensive transport study that considers the impact of

planned future developments. In particular, all areas identified for urban and

industrial expansion in the WAPC’s North-East Sub-regional Planning Framework

and the City of Swan’s Bullsbrook Town Site Land Use Master Plan.

Once the extent of transport infrastructure upgrades has been determined and

considered by stakeholders further consideration can be given to inclusion of these

works into a new DCP which appropriately apportions demand between that

generated by the South Bullsbrook Industrial Precinct and that generated from

other developments in the area."

It is important to note that the Minister's decision didn’t rule out the need for a DCP or

took issue against the majority of road or drainage works that was included in that

previous amendment (No.108).

Rather it questioned the lack of traffic modelling of a wider area to substantiate

amendment No.108's proposal that DCA 4 be the sole contributors for all sub-regional

works. The following actions have been taken:

Amendment 169 addresses the ongoing need to establish a DCP for the South

Bullsbrook Industrial Area (DCA 4) by detailing and proposing the cost-sharing

arrangements.

The City has engaged a traffic consultant to undertake a comprehensive transport

study to address the Minister's direction and this is explained in detail under the

next heading; see the next heading for details.

2.3 Transcore's Bullsbrook Townsite Land Use Master Plan Precinct Traffic

Contributions Report dated June 2018, responding to the Minister's

direction

The City engaged Transcore to undertake traffic modelling referred to in the Minister's

direction and this has informed the content of Proposed Scheme Amendment No.169. This

technical document has also informed the cost sharing arrangements proposed in the DCP

Amendment No.170 for the expanded Bullsbrook Residential Townsite area.

The Bullsbrook Townsite Land Use Master Plan Precinct Traffic Contributions Report June

2018 models traffic volumes generated by seven distinct precincts (3 within the South

Bullsbrook Industrial Precinct, 3 within the Bullsbrook Townsite Area and 1 external)

across Stock Road and the Great Northern Highway, inclusive of key intersections in-

between based on the Bullsbrook Townsite District Structure Plan. The report assigns

percentages of traffic volumes across this network amongst each of the identified

precincts.

This Transore report has informed how and why the DCP makes provision for South

Bullsbrook Industrial landowners to make proportionate contributions to sub-regional

transport infrastructure items, being:

1. the upgrade of Stock Road between Great Northern Highway and the Perth - Darwin

Highway (Northlink) to a single carriageway standard;

2. the provision of crossing treatments for an upgraded Stock Road at its crossing of the

Ellen Brook and the Perth-Geraldton Rail Line; and

3. the upgrade/provision of new intersection treatments at three (3) locations along the

Great Northern Highway (junction with Stock Road, Dewar/Lage Roads and new estate

roads at the northern edge of this DCA). These intersections will provide full access to

both this South Bullsbrook Industrial Area and the expanded Bullsbrook Residential

Townsite area east of the Great Northern Highway.

To put this into perspective for the South Bullsbrook Industrial Area this equates to it

funding less than half of Stock Road's single carriageway (see following point with respect

to land resumption) and funding less than half of the other identified sub-regional works.

The balance is funded by the Bullsbrook Residential Townsite DCP and a proportion of

traffic use attributable to regional traffic. Regional traffic is a component of the total cost

of these items that will need to be borne by others - that is the City and/or the State

independently or with Commonwealth funding.

It is also important to note that -

o Delivering Stock Road requires land both north and south of the existing road

reserve, including acquisitions from DCA 4 landowners. And unlike the nearby

Residential Townsite area (DCA 7) the industrialisation of the South Bullsbrook area

(this DCA 4) directly depends on the timely delivery of Stock Road to provide

access and open up this industrial estate. Consistent with its immediate need and

demand for Stock Road it is proposed that land acquisitions for Stock Road that is

north of existing road reserve be funded by South Bullsbrook DCA 4 landowners.

The land component south of Stock Road is proposed to be funded proportionately

by this South Bullsbrook Industrial (DCA 4), Bullsbrook Residential Townsite (DCA

7) and external (local government and local government).

o The previous amendment No.108 proposed that South Bullsbrook Industrial

landowners fund the dualisation of the Great Northern Highway (GNH) where it

abuts the DCA. This is no longer proposed in this Amendment No.169. This was

omitted on a recommendation within the Transcore Report, which considers the

need to upgrade the Great Northern Highway to a dual carriageway standard is a

state responsibility, whereas the intersections need to provide access to the

industrial and urban development areas. As such upgrading the GNH to a dual-

carriageway standard is not in this DCP however a number of intersections along

the GNH will require slip lanes or localised dual carriageways to facilitate the safe

movement of traffic on/off the Highway.

o This DCP reflects the latest advice the City has received on the treatment type

required for Stock Road to cross the Perth-Geraldton Freight Rail Line and its

experiences with obtaining approvals on other rail crossings. The latest advice and

experience has found that at-grade crossings are deficient and difficult to obtain

approval from the rail provider (ARC Infrastructure) and Main Roads WA for high-

wide load vehicles and network 7 freight vehicle routes. As such the DCP proposes

the construction of a grade separated crossing for Stock Road.

3.0 CONSISTENCY WITH STATE PLANNING POLICY 3.6 - DEVELOPMENT

CONTRIBUTIONS FOR INFRASTRUCTURE

The proposed Development Contribution Plan has been promulgated on the premise,

acknowledged in this Policy, that the City of Swan as a local government has limited

financial resources to provide the additional infrastructure and facilities necessary to

accommodate future growth. Development Contributions Plans adopted pursuant to Local

Planning Schemes are an accepted means of funding the provision of such infrastructure.

The proposed infrastructure to be funded through this proposed DCP is consistent with the

scope of infrastructure, both standard and community infrastructure set out in the Policy.

The Policy requires that development contributions for such infrastructure are levied in

accordance with principles of Need and Nexus, Transparency, Equity, Certainty, Efficiency,

Consistency, Rights of consultation and arbitration and Accountability.

3.1 Need and nexus

This principle articulates that the need for the infrastructure included in the development

contribution plan must be clearly demonstrated (need) and the connection (nexus)

between the development and the demand created should be clearly established.

The DCP is informed by the outcomes of the Bullsbrook Townsite District Structure Plan

(DSP) approved in April 2018, the Bullsbrook Townsite Land Use Master Plan Precinct

Traffic Contributions Report (Transcore June 2018) and the relevant Local Structure Plans

completed to date.

Transport and drainage modelling work associated with the promulgation of the local

structure plans and proposed Amendment No.108 identified the need for road upgrades,

new roads and drainage to accommodate this rural area being developed for industrial

purposes. The transport modelling work undertaken in response to the Minister's direction

on amendment No.108 identified the need for the upgrade of Stock Road, brook and rail

crossings from a deficient rural standard road to a standard capable of accommodating

industrial and residential traffic.

The nexus of apportionment of the cost of the identified infrastructure is principally that

the land within the identified Precincts within the proposed Development Contribution Area

contributes to the cost of the road and drainage infrastructure located within those

precincts. These are the infrastructure facilities most proximate to the land and logically

would be used by the new industrial business and owners within those areas.

The nexus between the subregional infrastructure items and contributions from the land

within the Development Contribution Area is, as noted, based on transport modelling as

per the direction of the Hon. Minister for Planning. Critically the proposed DCP is only

requiring a contribution for an upgrade of Stock Road and its crossings to a single lane

carriageway with costs shared between South Bullsbrook Industrial, Bullsbrook Residential

Townsite and externals (to be funded by state and local government). This leaves the

ultimate upgrade of Stock Road to a dual carriageway within the scope of levy against any

of the future urban/industrial investigation areas as per the Ministerial direction.

In the matter of nexus it is important to note a distinction made in how contributions are

levied under this proposed DCP to intersection treatments along Great Northern Highway

as opposed to Stock Road -

The intersections with full access (right and left turns permitted) onto the Great

Northern Highway from both the urban and industrial precincts are proposed to be

levied from South Bullsbrook Industrial (DCA 4) and Bullsbrook Residential

Townsite (DCA 7). This is because these intersections provide full access these cells

and therefore collectively creating the need for these intersections.

The intersections along Stock Road with full access (right and left turns permitted)

are required to service traffic going into or out of the South Bullsbrook Industrial

Precinct. Traffic from the Bullsbrook Residential Townsite is not considered to give

rise to the need for these intersections. As such the South Bullsbrook Industrial

area is to fund these works.

The need for intersections with restricted access (left in / left out only) onto the

Great Northern Highway from South Bullsbrook Industrial area is to service the

local traffic needs of a 1 or 2 precincts. As such the relevant precinct(s) where

these intersections are located or adjoined is to fund these works.

3.2 Transparency

The principle of transparency requires that the method for calculating the development

contribution and the manner in which it is applied should be clear, transparent and simple

to understand.

It is considered that the method of contribution is as transparent and simple as it can be,

given the nature of the cost apportionment arrangements associated with the traffic

modelling for the Sub-Regional infrastructure Items. For the purpose of advertising the

proposed DCP and understanding the Sub-Regional infrastructure Item contribution

arrangements the traffic modelling report should also be advertised.

Proposed infrastructure items are clearly codified and described in the proposed

amendment in a manner that can be easily referenced to the infrastructure network maps

and schedules in the DCP document.

3.3 Equity

The principle of equity requires that development contributions should be levied from all

developments within a development contribution area, based on their relative contribution

to need.

The proposed DCP is considered to conform to this principle. Owners are only being asked

to fund infrastructure that is required to support the development potential of the land,

which are only included because the fragmented ownership of the land makes it untenable

and/or inequitable to condition this work upon any one landowner without some form of

remuneration.

Equity is reinforced by recognising that different areas in the DCA will have differing needs

for 'local' transport and drainage infrastructure to be included in the DCP's cost sharing

arrangement. The DCP addresses this by splitting the DCA into 3 precincts for the purpose

of determining who is responsible to fund local infrastructure work. These precinct

boundaries are consistent with the local structure planning areas.

The local infrastructure included in the DCP for Eastern Precinct 1 and North-Eastern

Precinct 3 coordinates the delivery of this work across multiple landowners, provide equity

by levying all owners in a precinct(s) for works that collectively the precinct(s) will need

and/or benefit from and bring certainty to a developer that they will recover costs for

through the DCP.

At the time of initiation there is no 'local' infrastructure work proposed to be funded by

Western Precinct 3 because there is only one owner with development potential. As such

there is no need for internal work to be included in the DCP because it is within the power

of the one benefiting landowner to deliver this work as part of their subdivision and

development approvals.

3.4 Certainty

The principle of Certainty requires that all development contributions should be clearly

identified and methods of accounting for escalation agreed upon at the commencement of

the development.

As noted the proposed infrastructure items are clearly codified and described in the

proposed amendment in a manner that be easily referenced to the infrastructure network

maps and schedules in the DCP document.

3.5 Efficiency

The principle of efficiency requires that development contributions should be justified on a

whole of life capital cost basis consistent with maintaining financial discipline on service

providers by precluding over recovery of costs.

It is considered that costing of infrastructure is as accurate as possible. Costing by

independent quantity surveyors and land valuers are utilised as per scheme requirements.

3.6 Consistency

The principle of consistency requires that development contributions should be applied

uniformly across a Development Contribution Area and the methodology for applying

contributions should be consistent.

The proposed DCP is considered to conform with this principle. The methodology for

contribution levies has taken into account all developable land within the DCA that

generates demand for the infrastructure. This provides a consistent and proven

methodology that has been applied in the proposed Bullsbrook Townsite (DCA 7) and

operating Dayton and Brabham DCPs. Apportioning costs by a landowner’s development

potential area (Cost Contribution Area or CCA) is also fair, reasonable and easy to

understand as there is a clear link between the developable area that could be used for

industry and the key principles of State Planning Policy 3.6 that the beneficiaries pays an

amount relative to their demand.

3.7 Right of consultation and arbitration

This principle requires that land owners and developers have the right to be consulted on

the manner in which development contributions are determined and have the opportunity

to seek a review by a third party on these costs if they consider the calculation is not

reasonable.

This proposed amendment and DCP will need to undergo public consultation to affected

landowners within the proposed Development Contribution Area. They will be afforded the

right to make submissions on the proposed amendment and DCP. The Planning and

Development Act 2005 and Planning and Development (Local Planning Schemes)

Regulations 2015 prescribes requirements for the consideration and address of

submissions on proposed local planning scheme amendments.

The City’s Local Planning Scheme No.17 sets out rights for arbitration on cost

contributions.

3.8 Accountability

This principle requires that there must be accountability in the manner in which

development contributions are determined and expended.

The transparency in the contribution calculation methods (their source being explained on

the "General Inputs" page for each Infrastructure Network in the Cost Schedules) and the

right of arbitration on cost contributions provide such accountability.

The City will maintain a register of Cost Contributions and Infrastructure Agreements

available for public inspection containing information as outlined in the DCP.

For the reasons above it is considered that the proposed local planning scheme

amendment and DCP are consistent with the principles of the Policy.

4.0 PRECINCT APPROACH

Amendment 169 and the DCP recognises that certain work can benefit all landowners in a

DCA whereas other works need to be introduced into the DCP due to the fragmented

ownership of the land and benefit a smaller catchment area.

For this reason the administration of the DCP is structured into three (3) precincts with the

cost sharing arrangements emulating the respective needs of the three structure plans

within the DCA, which is summarised below:

Eastern

Precinct 1:

Situated north of Stock Road, east of the Ellen Brook, south of Warren

Road and is the subject of the WAPC approved Gateway Local

Structure Plan No.1 (City Ref. SP17-033).

It involves 12 land parcels all in different ownerships in October 2018

and comprises of a Cost Contribution Area of approximately 96

hectares.

Western

Precinct 2:

Situated west of the Ellen Brook, south of RAAF Base Pearce and is

the subject of the WAPC approved South Bullsbrook Local Structure

Plan No.2 (City Ref. SP17-040).

It comprises of 5 land parcels but only 2 land parcels are capable of

industrial development. One (1) landowner owns both of these 2 land

parcel in October 2018, making Precinct 2 more self-sufficient and

less reliant on the DCP to deliver infrastructure works. Its Cost

Contribution Area is approximately 142 hectares.

North-

Eastern

Precinct 3:

Situated north of Warren Road, east of RAAF Base Pearce and west of

the Great Northern Highway. The WAPC has directed modifications to

the Nambad Local Structure Plan (City Ref. SP17-035) before it is

prepared to give its final approval and those modifications have yet to

be acted upon by the applicant.

It comprises of 18 land parcels with 16 different landowners in

October 2018 but due to the lack of existing road frontage it is the

most reliant on the DCP to coordinate the funding and delivery of

internal roads. Its Cost Contribution Area is approximately 83

hectares.

Each of these precincts generally corresponds with logical boundaries for future necessary

infrastructure, having regard to current landownership, the structure planning boundaries

and pre-consultations with the key developers.

This precinct approach has culminated in the DCP proposing 3 different types of

infrastructures (sub-regional, district and local) in which the cost contribution

arrangements differ:

Sub-

Regional:

The South Bullsbrook Industrial Area (DCA 4) will make a

proportionate contribution towards ‘sub-regional’ items (like Stock

Road). The extent to which each Precinct within the South Bullsbrook

Industrial Development Contribution Area contributes to the listed

Sub-Regional Transport Items is proportionate to the percentages

modelled in the Transcore traffic report applied at an established rate

per hectare.

District: Where the timely construction/upgrading of key infrastructure

benefits growth across the DCA 4 it is proposed that the cost be

apportioned between those precincts based on their respective

demand (demand being the area liable to make a DCP Contribution).

Local: Where industrial development in a precinct require and/or benefit

from the timely construction of a road or drainage infrastructure those

works are to be funded solely by that precinct.

This can also include road and crossing infrastructures where their

timely construction/upgrading benefits 2 precincts but not all 3

precincts across the DCA. In these situations it is proposed that the

cost be apportioned between the benefiting precincts based on their

respective demand (demand being the area liable to make a DCP

Contribution).

This approach is acceptable as it recognises that industrial development will occur across

the DCA or precinct(s) at different times, provide equity by levying all owners in a

precinct(s) for works that collectively the precinct(s) will need and/or benefit from and

bring certainty to a developer that they will recover costs for through the DCP.

5.0 SUMMARY OF ITEMS TO BE FUNDED

The text to be inserted into the scheme and DCP proposes to fund -

5.1 Transport infrastructure - Sub-regional - comprising of those works that the South

Bullsbrook Industrial Area will benefit from and make a proportionate contribution

towards, in addition to the expanded Bullsbrook Residential Townsite and wider region.

5.2 Transport infrastructure - District

5.3 Drainage infrastructure - District

5.4 Transport infrastructure - Local

5.5 Drainage infrastructure - Local

5.6 Administration items

These are summarised in the following heading below.

5.1 Transport infrastructure - Sub-regional

These are the big-ticket infrastructure works that collectively development of DCA 4

(South Bullsbrook Industrial) will need and benefit from its timely provision, alongside the

proposed DCA 7 (Bullsbrook Townsite) and traffic from the wider region.

It is proposed that DCA 4 make a proportionate contribution towards the following sub-

regional infrastructure -

the upgrade of Stock Road and Stock West Road between Great Northern Highway

and the Perth - Darwin Highway (Northlink) to a single carriageway standard

(including land required for Stock Road south of the existing road reserve);

The provision of crossing treatments for an upgraded Stock Road at its crossing of

the Ellen Brook and the Perth-Geraldton Rail Line; and

the upgrade or provision of new intersection treatments at three locations along

the Great Northern Highway (junction with Stock Road, Dewar and Lage Roads and

new estate road.

The inclusion of this sub-regional infrastructure has been informed by a Ministerial

Direction provided in the decision on the City’s proposed Amendment No.108 issued on 9

January 2018 and Transcore's Bullsbrook Townsite Land Use Master Plan Precinct Traffic

Contributions Report June 2018. See sections 2.3 and section 2.4 of this report for more

details.

The extent to which each Precinct within the South Bullsbrook Industrial Development

Contribution Area contributes to the listed Sub-Regional Transport Items is proportionate

to the percentages modelled in the Transcore traffic report applied at an established rate

per hectare.

Collectively this results in the DCP having two (2) methods for calculating contributions,

one for all items barring Sub-Regional Transport items, being:

C (Cost Contribution for chosen network) = [ ID (infrastructure Demand) x CR

(Contribution Rate )] x I (Indexation factor)

and that for Sub-Regional Transport items where the same equation applies but where CR

(contribution rate) is calculated where:

CR=[ TV% (Percentage of the modelled traffic derived from Transcore Precinct

Traffic Contributions Report June 2018) x A (Asset Cost) ] / TID (Total

Infrastructure Demand for the South Bullsbrook Industrial DCA).

It should be noted that for the Sub-Regional transport items the traffic modelling has

indicated a proportion of traffic use attributable to neither the Bullsbrook Residential

Townsite nor the South Bullsbrook Industrial Precinct. This is regional traffic. Accordingly

there is a component of the total cost of these items that will need to be borne by others –

that is the City and/or the State independently or with Commonwealth funding.

5.2 Transport infrastructure - District

At initiation the DCP proposes to fund 6 district transport infrastructure works (comprising

of the four intersections along Stock Road to access DCA 4 including land and land

resumptions required for Stock Road north of the existing road reserve that is solely

apportioned this DCA 4 landowners).

The district-level intersections are those junctions that provide full access (i.e. left and

right turns) from this DCA 4 to the wider road network. This follows the recommendations

of the Transcore Report of June 2018 where it finds that the only purpose of the

intersections along Stock Road into the DCA is to provide access into the South Bullsbrook

Industrial Precinct, so it would be reasonable to expect those intersections to be

constructed and fully funded by those industrial precincts. Collectively the entire DCA

directly needs and benefits from these intersections as they enable traffic from this DCA to

enter/exit this road in a safe and timely manner.

Land acquisition of Stock Road north of existing road reserve is the other district level

work because the industrial development of this DCA depends on the timely deliver and

access to Stock Road. Consistent with its immediate need and demand for Stock Road it

is proposed that land acquisitions for Stock Road that is north of existing road reserve be

funded by South Bullsbrook DCA 4 landowners.

Note that this is separate to the land resumption costs for widening Stock Road south of

the existing road reserve, which is a sub-regional work proposed to be funded

proportionately by this South Bullsbrook Industrial (DCA 4), Bullsbrook Residential

Townsite (DCA 7) and external (local government and local government) as this length of

widening represents the 'sub-regional' needs. This represents South Bullsbrook Industrial

Precinct's proportionate contribution towards the sub-regional needs.

5.3 Drainage infrastructure - District

At initiation there were no district-level drainage infrastructure proposed; which would be

infrastructure that would be funded by all DCA landowners with the costs apportioned

between the precincts based on their relative (Cost Contribution Area). It is found and

proposed that each precinct can fund the necessary drainage network upgrades necessary

for each Precinct, which is consistent with the outcomes of the local structure plans.

5.4 Transport infrastructure - Local

Traffic studies work associated with the promulgation of the local structure plans and

proposed Amendment No.108 identified the need to upgrade the existing road network to

support the industrial development of the land.

This DCP proposes to fund the upgrade/construction of the transport network where:

the industrial development of a precinct creates a direct need for this transport

infrastructure by collectively increasing traffic (in volume and in terms of

accommodating the volume of larger vehicle movements), beyond what could be

satisfactorily accommodated by the existing rural-standard roads / reservations;

the fragmented ownership of the land makes it untenable and/or inequitable to

condition transport infrastructure work upon any one landowner without some form

of remuneration;

collectively the industrial development of a precinct will require and/or benefit from

the timely provision of a roads, intersections and crossings infrastructure;

these infrastructure works are to be funded solely by landowners in that precinct.

There are also some works, like Warren Road, that are needed and will benefit two

precincts but not the entire DCA. In these instances the proposed scheme text and

infrastructure cost schedules will nominate which of the precincts will be contributing to

this work. In these situations it is proposed that the cost be apportioned between the

benefiting precincts based on their respective infrastructure demand (demand being the

area liable to make a DCP Contribution).

At initiation the DCP lists -

7 local transport infrastructure works, including land, for Eastern Precinct 1

(compromising of 3 roads, 1 crossing and 3 intersections)

No (0) local infrastructure works for Western Precinct 2 as all developable land is in

the ownership of one (1) landowner so the required transport upgrades can be

provided as part of the ordinary subdivision and development approval process.

10 local transport and drainage infrastructure works, including land, for North-

Eastern Precinct 3 (compromising of 4 roads, 1 crossing and 5 intersections).

5.5 Drainage infrastructure - Local

Drainage modelling work associated with the promulgation of the local structure plans and

proposed Amendment No.108 identified the need for a comprehensive drainage network

to support this rural area being developed for industrial purposes. This has informed the

content of this DCP for local drainage infrastructure works.

Like local transport infrastructure it is proposed that where -

the industrial development of a precinct creates a direct need for this drainage

infrastructure by collectively increasing drainage flows, beyond what could be

satisfactorily accommodated by the existing rural open swale network (where

present) and/or is unsuitable for direct discharge into the nearby waterway

network, and;

the fragmented ownership of the land makes it untenable and/or inequitable to

condition this drainage infrastructure work upon any one landowner without some

form of remuneration;

collectively the industrial development of a precinct will require and/or benefit from

the timely construction of a drainage infrastructure;

these infrastructure works are to be funded solely by that precinct.

At initiation the DCP lists -

6 local drainage infrastructure works, including land, for Eastern Precinct 1

(compromising of 2 arterial drainage swales and 4 basins)

No (0) drainage infrastructure works for Western Precinct 2 as all developable land

is in the ownership of one (1) landowner so the required drainage upgrades can be

provided as part of the ordinary subdivision and development approval process.

19 local drainage infrastructure works, including land, for North-Eastern Precinct 3

(compromising of 11 arterial drainage swales and 19 basins).

The need for this infrastructure is a direct result of the industrial development, as without

industrial development there is no need to upgrade and coordinate drainage infrastructure

in the manner proposed in the local structure plans.

5.6 Administrative items

State Planning Policy 3.6 (SPP 3.6) permits the charging of costs incurred as part of

preparing, reviewing, updating and general administration of the DCP. The Amendment

text lists those charges that form part of this DCP under the ‘Administration Items’

heading, which are all permitted by SPP 3.6 and form part of the Cost Contribution Rate.

6.0 OTHER KEY DETAILS

6.1 How will landowners be charged (per developable hectare or 'CCA')

The DCP proposes that a landowner is liable to pay for the area of developable land that is

free of known encumbrances (i.e. land reserved 'Primary Regional Roads'). This

methodology for apportioning cost is known as the “Cost Contribution Area” (CCA). Cost

apportionment by CCA is considered the most suitable method for the following reasons:

Regardless of the type of industrial development, all landowners collectively need

and will benefit from the timely delivery of the DCP infrastructure as without

development there is no need to upgrade the existing rural-standard roads or

drains.

Apportioning costs by a landowner’s CCA is fair, reasonable and easy to understand

as there is a clear link between the developable area that could be used for

industry and the key principles of State Planning Policy 3.6 that the beneficiaries

pays an amount relative to their demand.

CCA is a proven methodology that has been successfully applied in the Dayton and

Brabham DCPs where, like South Bullsbrook Industrial, the ultimate subdivision

and development outcome is flexible and is not fully understood at the time the

DCP has to be prepared and approved. It is also a methodology consistent with the

nearby Bullsbrook Residential Townsite DCA.

Industrial development may not require subdivision to proceed so apportioning cost

on the known developable area is more appropriate than a methodology that would

apportion costs on a landowner’s subdivision potential.

6.2 Period of Operation and Process Review

The DCP will operate for an initial period of 10 years (consistent with the

recommendations of State Planning Policy 3.6 Development Contributions for

Infrastructure) but shall retain its force and effect until the completion of the development

of all en-globo landholdings within the Development Contribution Area.

Annual review of infrastructure costs and timing will be undertaken in accordance with

State Planning Policy and Local Planning Scheme No.17 requirements.

This approach is consistent with what the Minister required when approving the Dayton,

Brabham and Caversham DCP Scheme Amendments so it is considered to be appropriate

for this proposal. Staff see no reason to vary from this wording as the DCP estimates that

all en-globo landholdings would be developed by 2039 (20 year timeframe). In the likely

event that development has not been completed within 10 years, the DCP will be reviewed

if necessary, amended or replaced.

6.3 When a landowner is liable to make a DCP Cost Contribution

Clause 5A.2.15 of the Scheme specifies when a landowner is obliged to make a cost

contribution. This is generally at the subdivision clearance stage or as part of a

development approval for urban development; whichever occurs first.

6.4 What land resumptions are required and how will land be valued

To ensure the equitable distribution of cost, the DCP includes land acquisition for transport

and drainage infrastructure that is not otherwise provided in an existing reserve or

otherwise specified. Land is itemised in the Amendment text and DCP.

This is necessary because most proposed DCP infrastructure is in the ownership of

different landowners and the timely provision of that land will benefit the South Bullsbrook

Industrial Area, where the rate of subdivision and development may vary.

Ultimately the valuation of land will be assessed for fair market value in accordance with

5A.2.14 of LPS 17 but where no site specific valuation applies a general englobo rate is

used. This approach has been accepted in the approval Brabham, Caversham and Dayton

DCPs so considered to be consistent with precedence that exists in the Scheme.

In proceeding, owners should note that the obligation to acquire land required to provide

infrastructure to service subdivision and development should always reside in the first

instance with the subdivider and developer. Where the subdivider/developer cannot

negotiate with a landowner the acquisition of the requisite land, the City may then

exercise its powers to acquire that land.

6.5 Where the priority and timing of infrastructure works and how is it

determined

The timing and priorities of infrastructure be addressed in the DCP Cost Schedules; see

the column entitled "Estimated Year of Construction" or "Estimated Year of Acquisition" for

details.

This is informed by the best estimates forecast modelling of the development rates

prepared by the City and Integran with conversations with the key structure plan and

subdivision proponents. The City will continue to monitor these estimates as part of the

annual review of cost estimates and developers will have ongoing input thru the process.

The timing and priority of road and drainage infrastructure is not within the control of the

local government or WAPC; rather it is dependent on the inclinations of when a landowner

chooses to subdivide or develop (market forces). As such to insert such details into the

scheme text would make the DCP dysfunctional, impractical and inefficient because a new

Scheme Amendment would need to effect adjustments. This is why such detail

calculations are left to the DCP Report and Cost Schedules, as required by Clause 5A.2 of

Local Planning Scheme No.17 and State Planning Policy 3.6 (SPP 3.6).

Therefore it is entirely appropriate to have information on priorities and timing set out in

the DCP and Cost Schedules (which are not inserted into the Scheme text) because these

estimates need to be reviewed annually to ensure their relevance to changing market

demands and the inclinations on how landowners / developers wish to deliver their

subdivision.

7.0 CONCLUSION

It is considered that this scheme amendment and Development Contribution Plan (DCP) is

appropriate from a planning perspective in that:

It will establish a proper mechanism for the equitable levying of contributions

towards the infrastructure required and used to facilitate the orderly development

of the South Bullsbrook Industrial area.

The need and nexus for infrastructure included in the DCP has been demonstrated

by past planning and technical documents.

It is considered that the sharing of key infrastructure works like Stock Road

addresses the concerns the Minister of Planning had when she refuse Scheme

Amendment No.108 by sharing the cost of big-ticket works with the nearby

Bullsbrook Residential Townsite area and external parties (that is the City and/or

the State independently or with Commonwealth funding).

The infrastructure and land estimates have been subjected to review by the City's

consultants and are considered to be a robust reflection of the future cost incurred

in the implementation of the DCP.

Owners are only being asked to fund infrastructure that is required to support the

development potential of the land, which are only included because the fragmented

ownership of the land makes it untenable and/or inequitable to condition this work

upon any one landowner without some form of remuneration.

This amendment is supported by a Development Contribution Plan which contain the detail

calculation of contributions (subject to annual review) are not required to be inserted into

the Scheme. This approach is consistent with the requirements of SPP 3.6 and is

necessary to capture the expected minor fluctuations in the cost contributions over time

as actual costs replace the estimates used in the DCP.

PLANNING AND DEVELOPMENT ACT, 2005 (AS AMENDED)

CITY OF SWAN

LOCAL PLANNING SCHEME NO. 17 - AMENDMENT NO. 169

The Council of the City of Swan, under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act, 2005 (as amended),

hereby amends the above Local Planning Scheme to:

a. Replace current references to Development Contribution Area No.4 (DCA 4) in Schedule 13 of the Scheme text with the following:

DCA No.

AREA NAME DEVELOPMENT CONTRIBUTION PLAN

DCA 4 South Bullsbrook Industrial - The Development Contribution Area (DCA) comprises all the land referred to as South Bullsbrook Industrial identified by the scheme maps as DCA 4

Relationship to other planning instruments

The Development Contribution Plan has generally been informed by: Bullsbrook Townsite Land Use Master Plan

(District Structure Plan) and appendices Bullsbrook Townsite Land Use Master Plan

Precinct Traffic Contributions Report (Transcore June 2018)

Local Structure Plans and associated

appendices

Infrastructure and Administrative items to be funded

Transport Infrastructure items Sub-Regional Transport Construction and/or upgrade of the following existing and future roads, crossings and intersections which are required to service growth in South Bullsbrook Industrial (DCA 4): Roads upgraded and/or constructed:

S-TRF01 to S-TRF11 and S-ACQ19 to S-ACQ24

Stock Road between the Great Northern Highway and Perth-Geraldton Rail line. For this sub-regional work the cost sharing arrangements excludes acquiring land that is north of existing road reserve, where that land resumption is itemised as a 'District Transport' infrastructure in this DCA 4.

S-TRF12 to

S-TRF15 and S-ACQ28 to S-SCQ29

Stock West Road between the

Perth-Geraldton Rail line and the Primary Regional Roads designation. For this sub-regional work the cost sharing arrangements excludes acquiring land that is north of existing road reserve, where that land resumption is itemised as a 'District Transport' infrastructure in this DCA 4.


constructed for a:


Railway crossing along Stock Road / Stock West Road to bridge the Perth-Geraldton Rail Line


Traffic bridge along Stock Road to cross the Ellen Brook


constructed:


Great Northern Highway and Stock Road


Great Northern Highway and Main Entrance ('Link 1') and 'Road K'

S-INT12 and

SACQ-INT12

Great Northern Highway and Lage Road and Dewar Road


the proposed designs for all Sub-Regional Level Transport Infrastructure previously listed, where not already provided in existing road reserves or otherwise specifically stated as an exclusion in its description.


overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all Sub-Regional Level Transport Infrastructure previously listed.

District Transport Construction and/or upgrade of the following existing and future roads, crossings and intersections which are required to service growth in the Development Contribution Area with the cost apportioned between the precincts based on their ultimate infrastructure demand: Roads upgraded and/or constructed:

ACQ09 to

ACQ18

Land resumptions necessary

to accommodate Stock Road between the Great Northern Highway and Perth-Geraldton Rail line that is north of existing road reserve from DCA 4 landowners

ACQ25 to ACQ27

Land resumptions necessary to accommodate Stock West Road between the Perth-Geraldton Rail line and the Primary Regional Roads designation that is north of existing road reserve

Intersection treatments upgraded and/or constructed:

INT02 and ACQ-INT02

Stock Road and 'Road A'.

INT03 and

ACQ-INT03

Stock Road and 'Road B'

INT04 and ACQ-INT04

Stock Road and 'Road C' (most western intersection abutting Precinct 2)

INT05 and ACQ-INT05

Stock Road and 'Road E' (most eastern intersection abutting Precinct 2)


the proposed designs for all District Level Transport Infrastructure previously listed, where not already provided in existing road reserves.

Relocation of existing underground and overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all District Level Transport Infrastructure previously listed.

Local (Precinct) Transport Construction and/or upgrade of the following existing and future roads, crossings and intersections which are required to service growth within a Precinct(s) with the costs apportioned within nominated Precinct(s): Eastern Precinct 1 (LSP 1): Roads upgraded and/or constructed:



TRF32 to

TRF36 and ACQ-TRF32 to ACQ-TRF36

'Road A' between Stock Road

and Warren Road

TRF37 to 'Road B' between Stock Road

TRF40 and ACQ-TRF37 to ACQ-TRF40

and Warren Road


constructed for a:

BR03 and ACQ-BR03



constructed:

INT11 and ACQ-INT11


INT08 and ACQ-INT08


INT09 and ACQ-INT09

Warren Road and 'Road B'


the proposed designs for all Local (Precinct) Level Transport Infrastructure previously listed, where not already provided in existing road reserves.


overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all Local (Precinct) Level Transport Infrastructure previously listed.

Western Precinct 2 (LSP 2): Nil North-Eastern Precinct 3 (LSP 3): Roads upgraded and/or constructed:

TRF25 to TRF31 and

Warren Road between the Great Northern Highway and 'Road K' with the costs apportioned between Precinct 1 and 3, based on their

ACQ-TRF25A to ACQ-TRF31B

respective ultimate infrastructure demand


Dewar Road extension between Great Northern Highway and Warren Road


Butternab Road between Great Northern Highway and 'Road K'


'Road K' between Great Northern Highway and Warren Road


constructed for a:

BR03 and ACQ-BR03



constructed:

INT11 and ACQ-INT11


INT08 and ACQ-INT08


INT10 and ACQ-INT10

Warren Road and 'Road K'

INT14 and ACQ-INT14

Butternab Road and 'Road K'

INT12

Butternab Road and Great

Northern Highway

and ACQ-INT12


the proposed designs for all Local (Precinct) Level Transport Infrastructure previously listed, where not already provided in existing road reserves.


overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all Local (Precinct) Level Transport Infrastructure previously listed.

Drainage Infrastructure items Local (Precinct) items Construction and/or upgrade of the following drainage infrastructure which is required to service growth within a Precinct(s) with the costs apportioned within nominated Precinct(s): Eastern Precinct 1 (LSP 1): Arterial swales upgraded and/or constructed:

A1.1 ACQ-A1.1 A1.2 ACQ-A1.2 A2 ACQ-A2 CaX ACQ-CaX Ca1

ACQ-Ca1 Ca3 and ACQ-Ca3

'Arterial Swale A' linking surface flows entering Precinct 1 from the Great Northern Highway to 'Arterial Swale B' (at 'Road A'), inclusive of 3 key arterial culverts.

B1 ACQ-B1 B2.1 ACQ-B2.1 B2.2 ACQ-B2.2 B3.1 ACQ-B3.1 B3.2

'Arterial Swale B' linking surface flows entering Precinct 1 from Warren Road, along Warren Road (southern side), then 'Road A', then Stock Road (northern side) to exit at Stock Road, inclusive of 7 key arterial culverts

ACQ-B3.2 B4 ACQ-B4 Cb1 ACQ-Cb1 Cb2 ACQ-Cb2 Cb3 ACQ-Cb3

Cb4 ACQ-Cb4 Cb5 ACQ-Cb5 Cb6 ACQ-Cb6 Cb7 and ACQ-Cb7


Flood Storage Areas and any key culverts) upgraded and/or constructed:

Bio1 ACQ-Bio1 FSA1 and

ACQ-FSA1

Near the intersection of Stock Road (northern side) and 'Road A' (western side)

Bio2/3 ACQ-Bio2/3 Cc1 and ACQ-Cc1

Near the intersection of Stock Road (northern side) and 'Road B' (eastern side), inclusive of 1 key arterial culvert

Bio4 ACQ-Bio4 FSA4 and ACQ-FSA4

Near the Nambad Brook foreshore on Lot 1 on Warren Road, Bullsbrook

Bio5

Near the Ki It Monger Brook foreshore and Warren Road

ACQ-Bio5 FSA5 and ACQ-FSA5

(southern side)


the proposed designs for all DCP Arterial Swales and Basins (inclusive of Bio-Retention

Areas and Flood Storage Areas) previously listed, where not already provided in existing reserves.


overhead services where they would otherwise interfere with the upgrading/construction of the proposed designs for all DCP Local (Precinct) level Drainage Infrastructure as previously listed.

Western Precinct 2 (LSP 2): Nil North-Eastern Precinct 3 (LSP 3): Arterial swales upgraded and/or constructed:

AS2 and ACQ-AS2

'Arterial Swale 2' linking surface flows entering Precinct 3 from the Great Northern Highway to 'Arterial Swale 3'

AS3 and

ACQ-AS3

'Arterial Swale 3' linking surface flows between 'Arterial Swale 2' to the Basin

B2.1 and Basin B3.1 near 'Road K'

AS7 and ACQ-AS7


AS8 and ACQ-AS8


AS9 and ACQ-AS9

'Arterial Swale 9' linking surface flows between Basin 8.1 to 'Arterial Swale 10'

AS10 and ACQ-AS10

'Arterial Swale 10' linking surface flows between 'Arterial Swale 9' to Basin B9.1 and the Nambad Brook

AS15 and

'Arterial Swale 15' linking surface flows between Basin 13.1, the Dewar Road extension and Basin 15.1 to

ACQ-AS15

'Arterial Swale 18'

AS16/17 and ACQ-AS15

'Arterial Swale 16/17' linking surface flows entering Precinct 3 from the Great Northern Highway to Basin 16.1, Basin 17.1 and into Precinct 1

AS18 and ACQ-AS18

'Arterial Swale 18' linking surface flows between 'Arterial Swale 15', Basin 14.1, Basin 15.1 and the Nambad Brook.

AS19 and ACQ-AS19


AS20 and ACQ-AS20



Flood Storage Areas) upgraded and/or constructed:

B2.1 and ACQ-B2.1

Basin 2.1 near 'Road K' and the Ki It Monger Brook foreshore (southern side) linking 'Arterial Swale 3' and Basin 3.1

B3.1 and ACQ-B3.1

Basin 3.1 near 'Road K' linking to 'Arterial Swale 3' and Basin 2.1

B4.1 and ACQ-B4.1

Basin 4.1 near 'Road K' and north of Butternab Road

B5.1 and ACQ-B5.1

Basin 5.1 near 'Road K' south of Butternab Road linking 'Arterial Swale 7'

B6.1 and ACQ-B6.1

Basin 6.1 near the Nambad Brook (northern side) on Lots 2 Butternab Road and Lot 11 Great Northern Highway, Bullsbrook

B7.1 and ACQ-B7.1


B8.1 and ACQ-B8.1


B9.1 and ACQ-B9.1

Basin 9.1 near the Nambad Brook (northern side) linking 'Arterial Swale 10'

B10.1 and ACQ-B10.1

Basin 10.1 near 'Road K', the Nambad Brook (north-western side) and Warren Road (northern side)

B11.1 and ACQ-B11.1

Basin 11.1 near the Nambad Brook (southern side) and predominately on Lot 2 Butternab Road, Bullsbrook

B12.1 and ACQ-B12.1

Basin 12.1 near the Nambad Brook and Dewar Road on Lot 209 Dewar Road Bullsbrook

B13.1

and ACQ-B13.1

Basin 13.1 near the Dewar Road extension linking

'Arterial Swale 15'

B14.1 and ACQ-B14.1

Basin 14.1 on Lot 1 Dewar Road Bullsbrook linking 'Arterial Swale 15' and 'Arterial Swale 18'

B15.1 and ACQ-B15.1

Basin 15.1 near the Dewar Road extension predominately on Lot 151 Great Northern Highway Bullsbrook

B16.1 and ACQ-B16.1

Basin 16.1 near Warren Road (northern side) and 'Arterial Swale 16/17' (western side) linking to outflow into Precinct 1

B17.1 and ACQ-B17.1

Basin 17.1 near Warren Road (northern side) and 'Arterial Swale 116/17' (eastern side) linking to outflow into Precinct 1

B18.1 and ACQ-B18.1

Basin 18.1 near Warren Road (northern side) on Lot 153 Warren Road, Bullsbrook linking 'Arterial Swale 19'

B19.1 and ACQ-B19.1

Basin 19.1 near Warren Road (northern side) on Lot 7 Warren Road, Bullsbrook linking 'Arterial Swale 19' and 'Arterial Swale 20'

B20.1 and ACQ-B20.1

Basin 20.1 near 'Road K', the Nambad Brook (south-eastern side) and Warren Road (northern side) linking 'Arterial Swale 20'


the proposed designs for all DCP Arterial Swales and Basins (inclusive of Bio-Retention Areas and Flood Storage Areas) previously listed, where not already provided in existing reserves.


overhead services where they would otherwise interfere with the upgrading/construction of the proposed designs for all DCP Local (Precinct) level Drainage Infrastructure as previously listed.

Administrative items Costs to prepare and administer the

Development Contribution Plan (including legal expenses, valuation fees, cost of design and cost estimates, consultant and contract services, financing costs, proportion of staff salaries, technical support and office expenses for the purposes of administering the plan and expenses incurred by the City in relation to litigation in any Court or Tribunal or

arbitration, whether incurred before or after the incorporation of the DCP in Schedule 13).

Cost to review estimates including the costs

for appropriately qualified independent persons.

Costs to update the cost apportionment

schedules, register of cost contributions, and infrastructure.

Method for calculating contributions

The amount of an owner’s Cost Contribution will be determined by the proportional share of the Infrastructure Demand that the proposed development generates in accordance with the Cost Apportionment Schedule.

a. The DCP Report and Cost Apportionment Schedule shall define units of Infrastructure Demand used to calculate a Cost Contribution. b. The DCP Report shall estimate the Infrastructure Demand and both the Administrative and Infrastructure Cost for each network of Infrastructure to calculate the Infrastructure Contribution Rate expressed in $/unit of Infrastructure Demand. c. The Cost Apportionment Schedule shall report the Infrastructure Contribution Rates for each network of Infrastructure. d. The Cost Contribution applicable to development for each network of Infrastructure will be calculated in

accordance with the general method outlined:

C=[ID x CR] x I Where: C = Cost Contribution (for a chosen network, e.g.Transport)

ID = Infrastructure Demand, calculated using the Cost Apportionment Schedule CR = Contribution Rate as set out in the Cost Apportionment Schedule I = Indexation factor set out in the Cost Apportionment Schedule to take into account inflation and other matters relevant to the capital cost of infrastructure.

e. The Cost Contribution for Sub-Regional Transport infrastructure shall utilise a Contribution Rate as set out in Cost Apportionment Schedule and which has been determined on the following basis:

CR = [TV% x A] / TID Where: TV% = Percentage of the traffic

using the Sub-regional Transport infrastructure as modelled by the Bullsbrook Townsite Land Use Master Plan Precinct Traffic Contributions report (Transcore June 2018) A = Asset Cost TID = Total Infrastructure Demand for the South Bullsbrook Industrial DCA

Priority and timing

The detailed scope and cost of each infrastructure network shall be described in the Development Contribution Plan Report which shall outline the assumptions necessary to determine Infrastructure Contribution Rates and inform the Cost Apportionment Schedules.

Period of Operation

This Development Contribution Plan shall retain its force and effect until the completion of the development of all en-globo landholdings within the Development Contribution Area (DCA) and shall operate for an initial period of ten (10) years from the date of gazettal of this amendment, after which the DCP will be reviewed and if necessary, amended or replaced.

Review Process

The Development Contribution Plan will be reviewed when considered appropriate, but at a time that is no longer than 5 years after the date of gazettal of this amendment, having regard to the rate of subsequent development in the area since the last review and the degree of development potential still existing. The estimated infrastructure costs shown in the cost apportionment schedule will be reviewed at least annually in accordance with Clause 5A.2.13 of Local Planning Scheme No. 17.

city of swan local planning scheme no. 17 amendment …€¦ · bio2/3 acq-bio2/3 cc1 and acq-cc1...

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