metro east joint development assessment panel minutes

Meeting No. 210

1 August 2019

Mr Ian Birch Presiding Member, Metro East JDAP

Metro East Joint Development Assessment Panel

Minutes Meeting Date and Time: 1 August 2019, 1:00pm Meeting Number: MEJDAP/210 Meeting Venue: City of Swan Council Chambers Midland Town Hall 312 Great Eastern Highway Midland Attendance

DAP Members Mr Ian Birch (Presiding Member) Ms Lindsay Baxter (A/Deputy Presiding Member) Mr Peter McNab (Specialist Member) Cr Rod Henderson (Local Government Member, City of Swan) Cr Kevin Bailey (Local Government Member, City of Swan) Officers in attendance Ms Samantha Durston (City of Swan) Ms Aviva Mahfouda (City of Swan) Mr Philip Russell (City of Swan) Minute Secretary Ms Debbie Crawford (City of Swan) Applicants and Submitters Item 8.1 Mr Jeff Malcolm (MGA Town Planners) Mr Jeff Braddock (Invogue Nominees Pty Ltd) Item 8.2 Ms Belinda Moharich (Moharich and More) Ms Clare McLean (Peter Webb and Associates) Mr Brandon Cross (Cross Design Group) Members of the Public / Media Nil 1. Declaration of Opening

The Presiding Member declared the meeting open at 1.07pm on 1 August 2019 and acknowledged the traditional owners and paid respects to Elders past and present of the land on which the meeting was being held.

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The Presiding Member announced the meeting would be run in accordance with the DAP Standing Orders 2017 under the Planning and Development (Development Assessment Panels) Regulations 2011. The Presiding Member advised that in accordance with Section 5.16 of the DAP Standing Orders 2017 which states 'A person must not use any electronic, visual or audio recording device or instrument to record the proceedings of the DAP meeting unless the Presiding Member has given permission to do so.', the meeting would not be recorded.

2. Apologies

Ms Kym Petani (Deputy Presiding Member)

3. Members on Leave of Absence

DAP Member, Ms Kym Petani has been granted leave of absence by the Director General for the period of 29 July 2019 to 6 August 2019 inclusive.

4. Noting of Minutes

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

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of Interests

In accordance with section 2.4.9 of the DAP Code of Conduct 2017, DAP Members, Cr Rod Henderson and Cr Kevin Bailey, declared that they participated in a prior Council meeting in relation to the application at items 8.1 and 8.2. Cr Henderson also declared that he had participated in a prior Swan Valley Planning Committee meeting in relation to the application at Item 8.2. However, under section 2.1.2 of the DAP Code of Conduct 2017, Cr Henderson and Cr Bailey acknowledged that they were not not bound by any previous decision or resolution of the local government and undertakes to exercise independent judgment in relation to any DAP application before them, which will be considered on its planning merits. In accordance with section 6.2 and 6.3 of the DAP Standing Orders 2017, the Presiding Member determined that the members listed above, who have disclosed an impartiality interest, were permitted to participate in the discussion and voting on the items.

7. Deputations and Presentations 7.1 Mr Jeff Malcolm (MGA Town Planners) addressed the DAP in support of the

application at Item 8.1 and responded to questions from the panel 7.2 Mr Jeff Braddock (Invogue Nominees Pty Ltd) addressed the DAP in support

of the application at Item 8.1 and responded to questions from the panel.

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

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7.3 Mr Philip Russell (City of Swan) addressed the DAP in relation to the

application at Item 8.1 and responded to questions from the panel. The presentations at Items 7.1 to 7.3 were heard prior to the

application at Item 8.1. 7.4 Ms Belinda Moharich (Moharich and More) addressed the DAP in support of

the application at Item 8.2 and responded to questions from the panel. 7.5 Ms Clare McLean (Peter Webb and Associates) addressed the DAP in

support of the application at Item 8.2 and responded to questions from the panel.

7.6 Mr Philip Russell (City of Swan) addressed the DAP in relation to the

application at Item 8.2 and responded to questions from the panel. The presentations at Items 7.4 to 7.6 were heard prior to the

application at Item 8.2. 8. Form 1 – Responsible Authority Reports – DAP Applications

8.1 Property Location: Lot 23 (No.380) Great Eastern Highway, Woodbridge Development Description: Alterations and Additions to Existing Commercial

Building Applicant: Mr Jeff Malcolm, MGA Town Planners Owner: Invogue Nominees Pty Ltd Responsible Authority: City of Swan DAP File No: DAP/19/01610

REPORT RECOMMENDATION Moved by: Mr Peter McNab Seconded by: Cr Kevin Bailey That the Metro East JDAP resolves to: 1. Approve DAP Application reference DAP/19/01610 and Accompanying Plans in

accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the in accordance with Part 10.3 of the City of Swan Local Planning Scheme No. 17, subject to the following conditions:

Conditions

1. This approval is for a 'Recreation-Private' (Gym) to be used in conjunction with the existing ‘Shop’ and 'Fast Food Outlet' as illustrated on the approved plans.

2. This is not an approval for any works to modify the crossover on Harper Street or works within the local road reserve of the Metropolitan Region Scheme Primary Regional Road Reserve.

3. All building works to be carried out under this development approval are required

to be contained within the boundaries of the subject lot.

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4. Vehicle parking, access and circulation areas must be sealed, kerbed, drained, line marked and maintained to the satisfaction of the City of Swan, in accordance with the approved plans. The access and design of car parking spaces must comply with AS2890.1.

5. Vehicle parking, access and circulation areas must be sealed, kerbed, drained,

line marked and maintained to the satisfaction of the City of Swan. 6. Car parking bays and areas designated for landscaping, shall not be used for the

storage, display or selling of any goods or vehicles whatsoever. 7. Stormwater shall be collected, contained on-site and disposed of into the district

drainage system in accordance with the requirements of the City of Swan. 8. Suitable arrangements being made for the connection of the land to the

comprehensive district drainage system at the landowner/developer's costs. The contribution amount is based on the additional roof area of 910m² to the satisfaction of the City of Swan in accordance with the City of Swan Policy POL-C-040 Midland District Drainage Development Fund. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment shall be made prior to issuance of a Building Permit application or prior to any work commencing on the site (at the earliest instance).

9. Prior to the issuing of a building permit, the owner is to comply with the City of

Swan Provision of Public Art Policy POL-LP-1.10 through the contribution of a sum of 1% of the total construction value towards public art, being either:

a) Payment to the City the sum of 1% cash-in-lieu amount. This must be paid to

the City prior to the date specified in an invoice issued by the City, or prior to the issuance of the building permit for the development the subject of approval, whichever occurs first; or

b) The provision of public art on site to a minimum value of the 1% contribution amount. Please note in providing the public art;

i. The owner(s) or applicant on behalf of the owner(s) must seek

approval from the City for a specific Public Art work including the artist proposed to undertake the work to the satisfaction of the City in accordance with POL-C-142 Public Art and the Developer's Handbook for Public Art (as amended). The City may apply further conditions regarding the proposed public art;

ii. No part of the development may be occupied or used unless the Public Art has been installed in accordance with the approval granted by the City; and

iii. The Public Art approved must be maintained in compliance with the

conditions of approval for the public art proposal to the satisfaction of the City.

10. Prior to a building permit being issued, a detailed landscaping plan for the subject

site and/or the road verge(s) must be submitted to and approved by the City of Swan, and must include the following:

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a) A minimum of 198.7m² of landscaping provided in accordance with POL-TP-125;

b) The location, number, size and species type of the existing ground covers, shrubs and trees;

c) Any existing landscape areas to be retained;

d) Those areas to be updated, reticulated or irrigated; and

e) Verge treatments.

11. The approved landscaping and reticulation plan must be fully implemented within

the first available planting season after the initial occupation of the development, and maintained thereafter, to the satisfaction of the City of Swan. Any species which fail to establish within the first two planting seasons following implementation must be replaced in consultation with and to the satisfaction of the City of Swan.

12. The signs proposed as part of the development shall comprise no internal

illumination. 13. External illumination shall not flash or pulsate to the satisfaction of the City of

Swan. 14. Prior to lodgement of a building permit, a 9m² refuse bin area adequate to service

the development shall be incorporated to the satisfaction of the City.

15. The development shall be connected to the reticulated sewerage system prior to first use.

Advice Notes

1. "Recreation-Private" is defined under Schedule 1 of LPS17 as a '…premises used

for indoor or outdoor leisure, recreation or sport which are not usually open to the public without charge.'

2. This is a Development Approval issued by the City of Swan under its Local

Planning Scheme No. 17. It is not a building permit or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approval, consents or licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

3. Development may be carried out only in accordance with the details of the

application as approved herein and any approved plan. 4. This approval is not an authority to ignore any constraint to development on the

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

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5. Take notice that it is the responsibility of the applicant to advise the landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Permit until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).

6. The carrying out of the development must not cause a dust nuisance to

neighbours. Where appropriate measures such as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or be implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and manner directed by the City of Swan if it is considered that a dust nuisance exists.

7. The noise generated by activities on-site, including machinery motors or vehicles

is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

Noisy construction work outside the period of 7.00am to 7.00pm Monday to Saturday and at any time on Sundays and Public Holidays is not permitted unless a Noise Management Plan for the construction site has been approved in writing by the City.

8. Kerbs, roadways footpaths, open drains, stormwater pits, service authority pits

and nature strips must be adequately protected during the construction of the development.

9. Acting on this approval has the effect of superseding any other planning approval

granted for the site and relating to the same development, unless by express stipulation or by necessary implication the Council indicates otherwise. Development under any previous approval shall be terminated before development is commenced or carried on under this approval.

10. This approval does not authorise commencement of any building and/or

demolition works. In accordance with the Building Act 2011 and Building Regulations 2012, a building and/or demolition permit must be obtained prior to the commencement of any works.

PROCEDURAL MOTION Moved by: Ms Lindsay Baxter Seconded by: Nil That the consideration of DAP Application DAP/19/01610 be deferred for a period of 60 days, in accordance with section 5.10.1a of the DAP Standing Orders 2017, for the following reasons: 1. To be considered by an appropriate, and independently constituted, Design

Review Panel which is to have regard, including but not limited to:

• The objectives of the General Commercial zone, in particular dot point 3 of City of Swan Local Planning Scheme No. 17;

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• The objectives of Design WA and design principles of State Planning Policy No 7 in particular, but not limited to, whether it enhances the characteristics of the local area and contributes to a sense of place;

• Its visual appearance in the context of its prominent location on Great Eastern Highway as an entry statement building to the Strategic Regional Centre of Midland;

• The compatibility of its visual appearance with the abutting Woodbridge Conservation Precinct including Harper Park and local dwellings; and

• Whether the proposed colours and materials of the proposed building are climate responsible in its context.

2. For the advice of the Design Review Panel to be submitted to the Metro East

JDAP as part of its further deliberation; and 3. For the applicant to submit a landscaping plan as part of the application,

demonstrating how landscaping will mitigate the heat effect of the proposed building and how the development and associated landscaping will comply with the objectives of the General Commercial Zone of the City of Swan Local Planning Scheme No.17, in particular dot point 6.

The Procedural Motion LAPSED for want of a seconder. AMENDING MOTION 1 Moved by: Ms Lindsay Baxter Seconded by: Nil That Condition 10 (c) be amended to read as follows:

Any existing landscape areas to be retained., including the two existing mature trees on the western side of the site and for new landscaping to include trees, shrubs and plants which will assist with heat mitigation of the site including the car parking areas.

The Amending Motion LAPSED for want of a seconder. AMENDING MOTION 2 Moved by: Ms Lindsay Baxter Seconded by: Nil That a new Condition 16 be added to read as follows:

A Schedule of materials, finishes and colours including the modification for the prominent proposed dark grey and red colours to be changed to lighter more climate responsive colours with the corporate branding of the proposed business to be a less prominent feature which can be incorporated in signage or artwork only.

The Amending Motion LAPSED for want of a seconder.

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AMENDING MOTION 3 Moved by: Mr Peter McNab Seconded by: Cr Kevin Bailey The following amendments were made en bloc: (i) That Condition 5 be deleted and remaining Conditions be renumbered

accordingly. REASON: Condition 5 duplicates the first part of Condition 4. (ii) That Condition 10 (now Condition 9) be reworded to read as follows:

Prior to a building permit being issued, a detailed landscaping and reticulation plan for the subject site and/or the road verge(s) must be submitted to and approved by the City of Swan, and must include the following: a) A minimum of 198.7m² of landscaping provided in accordance with POL-TP-

125;

b) The location, number, size and species type of the existing ground covers, shrubs and trees;

c) Any existing landscape areas to be retained;

d) Those areas to be updated, reticulated or irrigated; and

e) Verge treatments.

REASON: To maintain consistency when referencing the landscaping plan in the

conditions. (iii) That a new Condition 15 be added to read as follows:

The applicant/owner is to install, to the satisfaction of the City of Swan, bike parking infrastructure for a minimum 4 bicycles to service the new development.

REASON: It was considered appropriate to include a condition requiring bicycle parking to service the development, specifying the minimum number required as per the Midland Activity Centre Structure Plan. The Amending Motion was put and CARRIED (4/1). For: Mr Ian Birch Mr Peter McNab

Cr Rod Henderson Cr Kevin Bailey

Against: Ms Lindsay Baxter

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REPORT RECOMMENDATION (AS AMENDED) That the Metro East JDAP resolves to: 1. Approve DAP Application reference DAP/19/01610 and Accompanying Plans in

accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the in accordance with Part 10.3 of the City of Swan Local Planning Scheme No. 17, subject to the following conditions:

Conditions

1. This approval is for a 'Recreation-Private' (Gym) to be used in conjunction with

the existing ‘Shop’ and 'Fast Food Outlet' as illustrated on the approved plans.

2. This is not an approval for any works to modify the crossover on Harper Street or works within the local road reserve of the Metropolitan Region Scheme Primary Regional Road Reserve.

3. All building works to be carried out under this development approval are required to be contained within the boundaries of the subject lot.

4. Vehicle parking, access and circulation areas must be sealed, kerbed, drained,

line marked and maintained to the satisfaction of the City of Swan, in accordance with the approved plans. The access and design of car parking spaces must comply with AS2890.1.

5. Car parking bays and areas designated for landscaping, shall not be used for the

storage, display or selling of any goods or vehicles whatsoever. 6. Stormwater shall be collected, contained on-site and disposed of into the district

drainage system in accordance with the requirements of the City of Swan. 7. Suitable arrangements being made for the connection of the land to the

comprehensive district drainage system at the landowner/developer's costs. The contribution amount is based on the additional roof area of 910m² to the satisfaction of the City of Swan in accordance with the City of Swan Policy POL-C-040 Midland District Drainage Development Fund. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment shall be made prior to issuance of a Building Permit application or prior to any work commencing on the site (at the earliest instance).

8. Prior to the issuing of a building permit, the owner is to comply with the City of

Swan Provision of Public Art Policy POL-LP-1.10 through the contribution of a sum of 1% of the total construction value towards public art, being either:

a. Payment to the City the sum of 1% cash-in-lieu amount. This must be paid to

the City prior to the date specified in an invoice issued by the City, or prior to the issuance of the building permit for the development the subject of approval, whichever occurs first; or

b. The provision of public art on site to a minimum value of the 1% contribution amount. Please note in providing the public art;

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i. The owner(s) or applicant on behalf of the owner(s) must seek approval from the City for a specific Public Art work including the artist proposed to undertake the work to the satisfaction of the City in accordance with POL-C-142 Public Art and the Developer's Handbook for Public Art (as amended). The City may apply further conditions regarding the proposed public art;

ii. No part of the development may be occupied or used unless the

Public Art has been installed in accordance with the approval granted by the City; and

iii. The Public Art approved must be maintained in compliance with the

conditions of approval for the public art proposal to the satisfaction of the City.

9. Prior to a building permit being issued, a detailed landscaping and reticulation

plan for the subject site and/or the road verge(s) must be submitted to and approved by the City of Swan, and must include the following: a. A minimum of 198.7m² of landscaping provided in accordance with POL-TP-

125;

b. The location, number, size and species type of the existing ground covers, shrubs and trees;

c. Any existing landscape areas to be retained;

d. Those areas to be updated, reticulated or irrigated; and

e. Verge treatments.

10. The approved landscaping and reticulation plan must be fully implemented within

the first available planting season after the initial occupation of the development, and maintained thereafter, to the satisfaction of the City of Swan. Any species which fail to establish within the first two planting seasons following implementation must be replaced in consultation with and to the satisfaction of the City of Swan.

11. The signs proposed as part of the development shall comprise no internal

illumination. 12. External illumination shall not flash or pulsate to the satisfaction of the City of

Swan. 13. Prior to lodgement of a building permit, a 9m² refuse bin area adequate to service

the development shall be incorporated to the satisfaction of the City.

14. The development shall be connected to the reticulated sewerage system prior to first use.

15. The applicant/owner is to install, to the satisfaction of the City of Swan, bike

parking infrastructure for a minimum 4 bicycles to service the new development.

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Advice Notes

1. "Recreation-Private" is defined under Schedule 1 of LPS17 as a '…premises used for indoor or outdoor leisure, recreation or sport which are not usually open to the public without charge.'

2. This is a Development Approval issued by the City of Swan under its Local

Planning Scheme No. 17. It is not a building permit or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approval, consents or licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

3. Development may be carried out only in accordance with the details of the

application as approved herein and any approved plan. 4. This approval is not an authority to ignore any constraint to development on the

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

5. Take notice that it is the responsibility of the applicant to advise the landowner(s)

and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Permit until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).

6. The carrying out of the development must not cause a dust nuisance to

neighbours. Where appropriate measures such as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or be implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and manner directed by the City of Swan if it is considered that a dust nuisance exists.

7. The noise generated by activities on-site, including machinery motors or vehicles

is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

Noisy construction work outside the period of 7.00am to 7.00pm Monday to Saturday and at any time on Sundays and Public Holidays is not permitted unless a Noise Management Plan for the construction site has been approved in writing by the City.

8. Kerbs, roadways footpaths, open drains, stormwater pits, service authority pits

and nature strips must be adequately protected during the construction of the development.

9. Acting on this approval has the effect of superseding any other planning approval

granted for the site and relating to the same development, unless by express stipulation or by necessary implication the Council indicates otherwise.

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Development under any previous approval shall be terminated before development is commenced or carried on under this approval.

10. This approval does not authorise commencement of any building and/or

demolition works. In accordance with the Building Act 2011 and Building Regulations 2012, a building and/or demolition permit must be obtained prior to the commencement of any works.

The Report Recommendation (as amended) was put and CARRIED (4/1). For: Mr Ian Birch Mr Peter McNab

Cr Rod Henderson Cr Kevin Bailey

Against: Ms Lindsay Baxter REASON: In accordance with details contained in the Responsible Authority Report and Amending Motion. PROCEDURAL MOTION Moved: Mr Peter McNab Seconded: Cr Rod Henderson That the Metro East JDAP consider legal advice received from the State Solicitor’s Office in relation to Item 8.2 and that such advice be discussed behind closed doors, in accordance with section 5.10.2g of the DAP Standing Orders 2017. The Procedural Motion was CARRIED UNANIMOUSLY. The meeting was closed at 2.18pm. The meeting was reopened at 2.52pm. 8.2 Property Location: Lot 102 (No.9861) West Swan Road, Henley Brook Development Description: Use and development of the land for a Microbrewery

with restaurant/tavern and reception centre Applicant: Peter Webb and Associates Owner: Bailey Engineering Pty Ltd Responsible Authority: City of Swan DAP File No: DAP/19/01561

REPORT RECOMMENDATION Moved by: Ms Lindsay Baxter Seconded by: Mr Peter McNab That the Metro East JDAP resolves to:

1. Approve DAP Application reference DAP/19/01561 and Accompanying Plans in

accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the 10.3 of the City of Swan Planning Scheme No.17, subject to the following conditions as follows:

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Conditions 1. This approval is for the use and development in association with “Food and

Beverage Production”, “Tavern”, “Restaurant” and “Reception Centre” as depicted on the approved plans and as defined under the City of Swan Local Planning Scheme No.17.

2. The hours of operation shall be limited to:

• Monday: closed, except for public holidays when trading shall occur from 8am to 10pm;

• Tuesday – Friday: 11am to 10pm; and

• Saturday and Sunday: 8am to 10pm 3. A maximum of 245 patrons and 15 staff are permitted on site at any one time. 4. Offices shall be incidental to either ‘Tavern’, ‘Restaurant’ and/or ‘Reception

Centre’ land uses on site.

5. A total of 138 car parking bays shall be provided, each measuring 5.5 x 2.4 metres, line marked and served by a minimum 6 metres paved accessway, Where the access way abuts a building or other barrier, a minimum width of 6.5 metres is required.

6. Prior to the application for a Building Permit, detailed plans for vehicle parking

areas, access and circulation area shall be submitted to comply with the specifications of the City of Swan.

7. Prior to the application for a Building Permit, the applicant/owner shall submit

detailed Stormwater Drainage Plans to the satisfaction of the City of Swan. 8. All vehicle parking, access and circulation areas shall be sealed, kerbed, drained,

line marked and maintained to the satisfaction of the City of Swan in accordance with the approved plans.

9. Vehicle access to the subject lot shall be restricted to Park Street. 10. Car parking bays and areas designated for landscaping shall not be used for the

storage, display or selling of any goods or vehicles whatsoever.

11. A Bushfire Management Plan and Bushfire Emergency Evacuation Plan is to be submitted to the satisfaction of the City of Swan in consultation with the Department of Fire and Emergency Services, prior to the occupation of the building.

12. Signage for all development subject of this approval shall be subject of a separate

application.

13. The development shall be connected to reticulated sewer unless otherwise provided with an onsite effluent disposal system approved by the Department of Health.

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14. The use of external amplifiers or speakers brought onto the site is not permitted and all music and speeches shall go through the in-house amplifier system without exception.

15. When functioning as a Reception Centre for events, music and speeches must only go through an in-house sound amplified system with an integrated compressor fully calibrated so that the average sound pressure level is 90 dB(A) at 1.0 metre from the speaker. This must be completed to the satisfaction of the City of Swan.

16. When functioning as a Reception Centre for events, all amplified music and speech must occur within the reception venue.

17. When function as a Reception Centre for events, all external doors and operable glazing are to be kept closed when not in use, with the exception of the southernmost two operable walls located on the east facade of the tavern building, to the satisfaction of the City of Swan.

18. Deliveries and waste collections shall be restricted between 7am to 7pm Monday

to Saturday and 9am to 7pm Sundays and Public Holidays.

19. Glass shall only be emptied in outside bins during day time hours between 7am to 7pm Monday to Saturday, 9am to 7pm Sundays and Public Holidays.

20. Prior to the application for a Building Permit, the applicant/owner shall submit a detailed Landscaping Plan, to the satisfaction of the City of Swan, for the landscaping treatments to the site.

21. Prior to the commencement of operation of any of the approved uses, the

landscaping subject of the approved Detailed Landscaping Plan shall be installed. The landscaping is to be maintained thereafter to the satisfaction of the City of Swan.

22. Refuse bin areas adequate to service the development shall be provided to the

satisfaction of the City of Swan prior to the commencement of operation of those uses.

23. External lighting shall comply with the requirements of AS4282 – Control of

Obtrusive Effects of Outdoor Lighting. 24. This decision constitutes planning approval only and is valid for a period of two

years from the date of approval. If the subject development is not substantially commenced within the two year period, the approval shall lapse and be of no further effect.

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AMENDING MOTION Moved by: Ms Lindsay Baxter Seconded by: Mr Peter McNab The following amendments were made en bloc. (i) That the preamble of the Report Recommendation be amended to read as

follows:

That the Metro East JDAP resolves to: Approve DAP Application reference DAP/19/01561 and Accompanying Plans in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the clause 10.3 of the City of Swan Planning Scheme No.17, subject to the following conditions as follows:

REASON: To correct the reference to the relevant provision of the City of Swan Local Planning Scheme No.17. (ii) That Condition 2 be amended to read as follows:

The hours of operation shall be limited to:

a) Monday: closed, except for public holidays when trading may only occur from 8am to 10pm;

b) Tuesday – Friday: 11am to 10pm; and c) Saturday and Sunday: 8am to 10pm.

REASON: To provide discretion to operate within those hours. It was also considered that the dot points itemising the days and hours of operation should be replaced with letters to provide a more accurate reference. (iii) That Condition 15 be amended to read as follows:

When functioning as a Reception Centre for events, music and speeches must only go through an in-house sound amplified system with an integrated compressor fully calibrated so that the average sound pressure level is 90 dB(A) at 1.0 metre from the speaker. This The calibration must be completed to the satisfaction of the City of Swan.

REASON: To provide clarity to what is required. (iv) That Condition 17 be amended to read as follows:

When functioning as a Reception Centre for events, all external doors and operable glazing are to be kept closed when not in use, with the exception of the southernmost two operable walls located on the east facade of the tavern building, to the satisfaction of the City of Swan.

REASON: Grammatical correction.

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(v) That Condition 20 be amended to read as follows:

Prior to the application for a Building Permit, the applicant/owner shall submit a detailed Landscaping Plan, to the satisfaction of the City of Swan, for the landscaping treatments to the site. The Landscaping Plan shall include details of vegetation capable of creating shade to the car park.

REASON: To ensure shade is provided to the car park area. (vi) That a new Condition 25 be added to read as follows:

Measures being taken to ensure the identification and protection of significant mature trees and vegetation on the site worthy of retention, and not affected by necessary site works, prior to commencement of the development.

REASON: To mitigate against the loss of significant existing vegetation on the site. The Amending Motion was put and CARRIED (4/1). For: Mr Ian Birch Ms Lindsay Baxter

Mr Peter McNab Cr Kevin Bailey

Against: Cr Rod Henderson REPORT RECOMMENDATION (AS AMENDED) That the Metro East JDAP resolves to:

1. Approve DAP Application reference DAP/19/01561 and Accompanying Plans in

accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of clause 10.3 of the City of Swan Planning Scheme No.17, subject to the following conditions as follows:

Conditions 1. This approval is for the use and development in association with “Food and

Beverage Production”, “Tavern”, “Restaurant” and “Reception Centre” as depicted on the approved plans and as defined under the City of Swan Local Planning Scheme No.17.

2. The hours of operation shall be limited to:

a) Monday: closed, except for public holidays when trading may only occur from 8am to 10pm;

b) Tuesday – Friday: 11am to 10pm; and c) Saturday and Sunday: 8am to 10pm.

3. A maximum of 245 patrons and 15 staff are permitted on site at any one time.

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4. Offices shall be incidental to either ‘Tavern’, ‘Restaurant’ and/or ‘Reception Centre’ land uses on site.

5. A total of 138 car parking bays shall be provided, each measuring 5.5 x 2.4 metres, line marked and served by a minimum 6 metres paved accessway, Where the access way abuts a building or other barrier, a minimum width of 6.5 metres is required.

6. Prior to the application for a Building Permit, detailed plans for vehicle parking

areas, access and circulation area shall be submitted to comply with the specifications of the City of Swan.

7. Prior to the application for a Building Permit, the applicant/owner shall submit

detailed Stormwater Drainage Plans to the satisfaction of the City of Swan. 8. All vehicle parking, access and circulation areas shall be sealed, kerbed, drained,

line marked and maintained to the satisfaction of the City of Swan in accordance with the approved plans.

9. Vehicle access to the subject lot shall be restricted to Park Street. 10. Car parking bays and areas designated for landscaping shall not be used for the

storage, display or selling of any goods or vehicles whatsoever.

11. A Bushfire Management Plan and Bushfire Emergency Evacuation Plan is to be submitted to the satisfaction of the City of Swan in consultation with the Department of Fire and Emergency Services, prior to the occupation of the building.

12. Signage for all development subject of this approval shall be subject of a separate

application.

13. The development shall be connected to reticulated sewer unless otherwise provided with an onsite effluent disposal system approved by the Department of Health.

14. The use of external amplifiers or speakers brought onto the site is not permitted

and all music and speeches shall go through the in-house amplifier system without exception.

15. When functioning as a Reception Centre for events, music and speeches must only go through an in-house sound amplified system with an integrated compressor fully calibrated so that the average sound pressure level is 90 dB(A) at 1.0 metre from the speaker. The calibration must be completed to the satisfaction of the City of Swan.

16. When functioning as a Reception Centre for events, all amplified music and speech must occur within the reception venue.

17. When functioning as a Reception Centre for events, all external doors and operable glazing are to be kept closed when not in use, with the exception of the southernmost two operable walls located on the east facade of the tavern building, to the satisfaction of the City of Swan.

Meeting No. 210

1 August 2019


18. Deliveries and waste collections shall be restricted between 7am to 7pm Monday to Saturday and 9am to 7pm Sundays and Public Holidays.

19. Glass shall only be emptied in outside bins during day time hours between 7am to 7pm Monday to Saturday, 9am to 7pm Sundays and Public Holidays.

20. Prior to the application for a Building Permit, the applicant/owner shall submit a detailed Landscaping Plan, to the satisfaction of the City of Swan, for the landscaping treatments to the site. The Landscaping Plan shall include details of vegetation capable of creating shade to the car park.

21. Prior to the commencement of operation of any of the approved uses, the

landscaping subject of the approved Detailed Landscaping Plan shall be installed. The landscaping is to be maintained thereafter to the satisfaction of the City of Swan.

22. Refuse bin areas adequate to service the development shall be provided to the

satisfaction of the City of Swan prior to the commencement of operation of those uses.

23. External lighting shall comply with the requirements of AS4282 – Control of

Obtrusive Effects of Outdoor Lighting. 24. This decision constitutes planning approval only and is valid for a period of two

years from the date of approval. If the subject development is not substantially commenced within the two year period, the approval shall lapse and be of no further effect.

25. Measures being taken to ensure the identification and protection of significant

mature trees and vegetation on the site worthy of retention, and not affected by necessary site works, prior to commencement of the development.

The Report Recommendation (as amended) was put and CARRIED (4/1). For: Mr Ian Birch Ms Lindsay Baxter

Mr Peter McNab Cr Kevin Bailey

Against: Cr Rod Henderson REASON: In accordance with details contained in the Responsible Authority Report and Amending Motion. 9. Form 2 – Responsible Authority Reports – Amending or cancelling DAP

development approval

Nil

Meeting No. 210

1 August 2019


10. Appeals to the State Administrative Tribunal and

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

Current SAT Applications

LG Name Property Location Application Description

City of Gosnells

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

Motor Vehicle Sales and Motor Vehicle Repair

City of Kalamunda

Lot 42 (116) Union Road, Carmel

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

City of Armadale

Lot 560 (10) Third Road, Armadale

New Armadale Courthouse and Police Complex

City of Armadale

Lot 44 (2888) Albany Highway, Kelmscott

Convenience Store and Two Fast Food Outlets

Current Supreme Court Appeals

LG Name Property Location Application Description

City of Swan

Lot 357 (227) Morrison Road, Midvale

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

Shire of Serpentine Jarrahdale

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

Service Station

11. General Business / Meeting Close

The Presiding Member announced that in accordance with Section 7.3 of the DAP Standing Orders 2017 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment. There being no further business, the Presiding Member declared the meeting closed at 3.48pm.

metro east joint development assessment panel minutes

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