new summary of submissions lots 487, 611 and 615 arnold

NEW SUMMARY OF SUBMISSIONS Lots 487, 611 and 615 Arnold Road, Serpentine - Local Structure Plan

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Submitter No Submitter Comments Officer Comment Officer

Recommendation

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Government Agencies

Department of Agriculture, Water and

the Environment IN20/23077

1. The Department of Agriculture, Water and the Environment (the Department) received information about the Local Structure Plan in regard to Arnold Road, Serpentine for inspection – PA20/370 on 8 October 2020. In relation to this information, the Department has the following comments. 1. Any action or activity likely to impact on a matter of national

environmental significance under the Environment Protection and Biodiversity Conservation Act (1999) (EPBC Act) must be referred to the Department for assessment. Guidelines for determining whether the impact of an action is likely to be significant are available from the Department's website at http://www.environment.gov.au/epbc/policy-statements. A person or company undertaking a proposed action without a decision under the EPBC Act carries all associated legal risks.

2. No referrals under assessment, or about to be under assessment, have been received by the Department for activities occurring in areas proposed for amendment in the LSP.

3. The LSP area may contain habitat for—or include—the following threatened species that are listed under the EPBC Act, including (but not limited to): a. the endangered Carnaby’s Black Cockatoo (Calyptorhynchus

latirostris) b. the endangered Baudin’s Black Cockatoo (Calyptorhynchus

baudinii) c. the vulnerable Forest Red-tailed Black Cockatoo (Calyptorhynchus

banksii naso)

The habitat within the Structure Plan area is not considered significant, due to its limited extent.

10.1.9 - Attachment 2

Ordinary Council Meeting - 17 May 2021

http://www.environment.gov.au/epbc/policy-statements

http://www.environment.gov.au/epbc/policy-statements


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d. the critically endangered Synaphea sp. Fairbridge Farm (D.Papenfus 696)

e. the endangered Synaphea sp. Pinjarra Plain (A.S. George 17182)f. the critically endangered Synaphea sp. Serpentine (G.R. Brand 103)g. the vulnerable Carter’s Freshwater Mussel (Westralunio carteri)

ATCO IN20/24594

2. ATCO Gas Australia Pty Ltd (ATCO) has no objection to lodge with the Shire for the proposed Local Structure Plan for the nominated Lots within Serpentine.

The content of the MALF Land Development Report (April 2020) is consistent with our current existing network. ATCO has no supply to this area.

Should you have any queries regarding the information above Jake please contact us on 6163 5000 or [email protected]

Noted. The Shire would like to thank you for your submission on the Arnold Road Local Structure Plan.

Telstra IN20/26305

3. The purpose of this letter is to notify you that Telstra’s plant records indicate that there are Telstra assets located within the area of the proposal. We note that our plant records merely indicate the approximate location of the Telstra assets and may not to be up to date. These records should not be relied upon by you as they may not depict a true and accurate reflection of the exact location of the assets.

We suggest that you contact Dial Before You Dig for a detailed site plan (if you haven't already) and engage a Telstra Accredited Plant Locator (APL) to determine the exact location of the asset. To obtain a list of Telstra Accredited Plant Locators (APL) please visit www.1100.com.au.




mailto:[email protected]


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Once the precise location of the Telstra assets has been established, you can either arrange for the Telstra assets to be relocated or re-align your proposal to ensure they are no longer impacted. Telstra’s Asset Relocation team can be engaged to obtain a quote to relocate the assets from the location in question. The relocation of the assets is carried at the cost of the disturber. Please phone 1800 810 443 or email [email protected] to arrange for an asset relocation. Alternatively, once your proposal has been re-aligned to eliminate any impact to Telstra’s assets, please contact [email protected] for a re-evaluation of your proposal so that Telstra can be assured that its assets will not be affected by your development. As these assets comprise an essential component of the Telstra network, we take this opportunity to highlight Telstra’s rights and requirements to ensure that they are understood. The following is stated for your information: (1) As you may be aware, Telstra’s existing facilities are grandfathered

under the Telecommunications Act 1997 (Cth). Schedule 3 of the Telecommunications Act enables such facilities to legally occupy land in perpetuity for the duration of that facilities’ use.

(2) Part 1 of Schedule 3 of the Telecommunications Act 1997 (Cth)

authorises a carrier to enter land and exercise any of the following powers: - inspect the land - install a facility - maintain a facility.




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In the case of installation and planned maintenance a notification will be afforded and such work will generally proceed during business hours. However, from time to time, certain activities need to be carried out without delay in order to protect the integrity of the network. Such activities may require access without notice and at any time of the day or night.

(3) If you subdivide the land at any time in the future it may become

necessary, in the opinion of Telstra to remove, or alter the position of a facility. In these circumstances the carrier may enter the land and do anything necessary or desirable for that purpose. Under clause 53 of Schedule 3 to the Telecommunications Act, the person who proposes to subdivide the land is liable to pay the carrier the reasonable cost of anything reasonably done by the carrier in this regard.

(4) There is a requirement that all access to Telstra’s network is facilitated

by Telstra, via the normal channels available to all customers Australia wide. Tampering with or interfering with telecommunications infrastructure or a facility owned or operated by a carrier (being Telstra) is an offence under the Criminal Code Act 1995 (Cth). Heavy penalties may apply for breach of this prohibition, and any damages suffered, or costs incurred, by Telstra as a result of any such interference may be claimed against you. This means that you are not permitted to interfere with, repair or relocate Telstra’s infrastructure, either personally or through a contractor without approval and authorisation from Telstra.

(5) Individuals owe Telstra a duty of care that must be observed when

working in the vicinity of Telstra’s communication plant or assets. If




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Telstra’s facilities are damaged as a result of any property development or any interference with such facilities, the person will be liable in tort (negligence) for any loss or damage (including consequential loss) suffered by Telstra and/or any member of the public. Telstra will not hesitate to take action to recover such loss or damage caused by such interference to Telstra’s Network.

Telstra would also appreciate due confirmation in the event that the applicant contemplates divesting its interest or control of this land, that the information contained here is passed on to the prospective owners.

DWER IN20/26251

4. The Department has reviewed the LSP and associated Local Water Management Strategy addendum prepared by RPS (dated August 2020) and wishes to advise that the document does not to meet the requirements of Better Urban Water Management (WAPC, 2008). Comments are provided in Attachment 1 for your consideration. These comments should be reviewed and actioned alongside comments from other parties. If there are any conflicts between comments from different parties it is expected that the author will mediate an agreed position between the relevant parties. The proposed local structure plan should not be finalised prior to the endorsement of a satisfactory LWMS by the Department and the Shire of Serpentine Jarrahdale in accordance with Better Urban Water Management (WAPC, 2008).

The applicant, Shire, Department of Water and the Department of Water Environmental Regulation have worked together to establish an addendum to the Local Water Management Strategy, as well as the development of a Site and Soil Evaluation which is deemed to be satisfactory with the DWER. Written confirmation has been received by DWER in this regard. The Shire is satisfied that the LWMS is supported and water




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resource management considerations can be achieved for the Arnold Main Drain for the Arnold Road Local Structure Plan.

DMIRS IN20/26733

5. The Department of Mines, Industry Regulation and Safety (DMIRS) has determined this proposal raises no significant access concerns with respect to mineral and petroleum resources, geothermal energy, and basic raw materials.

DMIRS lodges no objections to the above Local Structure Plan.

Yours





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Department of Health Public and Aboriginal

Health Division IN20/28313

6.

The Applicant has provided a site and soil evaluation which has been reviewed and submitted to the Department of Health, DWER and Department of Water.

The applicant has demonstrated a revegetation plan as per Plan E Landscaping and Revegetation Strategy to ensure urban greening and increased vegetation to reduce the impacts of heat.




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Note: See attachments

Evidence statement

Site and Soil Evaluation Factsheet

DFES IN20/28637

7. This advice relates only to State Planning Policy 3.7 Planning in Bushfire Prone Areas (SPP 3.7) and the Guidelines for Planning in Bushfire Prone Areas (Guidelines). It is the responsibility of the proponent to ensure the proposal complies with relevant planning policies and building regulations where necessary. This advice does not exempt the proponent from obtaining approvals applicable to the proposal including planning, building, health or any other approvals required by a relevant authority under written laws.

Assessment

1. Policy Measure 6.3 a) (ii) Preparation of a BAL Contour Map


The below information will be prepared at later stages of planning (DA/ subdivision stage).




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2. Policy Measure 6.3 c) Compliance with the Bushfire Protection Criteria




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Recommendation – compliant application

At the structure planning stage, consideration should be given to the intensification of land use and how this relates to identified bushfire hazards. DFES is satisfied the bushfire hazard level assessment has adequately identified the bushfire risk and considered how compliance with the bushfire protection criteria can be achieved at subsequent planning stages.

Notwithstanding the above, modifications as indicated in the above table(s) to the BMP are required prior to subsequent planning stages to ensure compliance with the bushfire protection criteria. As these modifications are minor in nature and will not affect the LSP, these modifications should be undertaken to support subsequent stages of the planning process (subdivision and development applications).

Water Corporation IN20/28811

8. Thank you for your letter dated 08/10/2020. The Water Corporation does not support the Structure Plan until such time as the below drainage comments have been addressed.

The route and new drain profile through Lot 106 has already been modelled and documented in previous




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Drainage

The subject area falls within the Hardeys Creek Main Drainage Catchment in the Mundijong Drainage District, a rural drainage system. The Hardeys Creek Main Drain (HCMD) traverses the subject site (lot 487).

The existing LWMS and addendum as per Appendix F of the Structure Plan; which proposes realignment of the HCMD, considers the impact of development on the drain and catchment.

The Water Corporation does not support the Structure Plan until such time the LWMS and addendum demonstrate:

- Detail of the route and new drain profile of the realigned HCMD through the adjacent Lot 106 Arnold Road. Although not part of this development, interfaces with the drainage of this development.

- The Shire of Serpentine-Jarrahdale’s statement of undertaking for the ownership of the new Arnold Road culvert and re-aligned HCMD within existing lot 487.

- The Shire of Serpentine-Jarrahdale’s statement of undertaking for the ownership of the realigned temporary drain downstream of Arnold Road through Lot 106.

The hydraulic information detailed in the LWMS and addendum are in line with the Water Corporations drainage planning requirements.

Water

The proposed water servicing strategy outlined in the report is in accordance with our planning. The specific design requirements will need

surface water modelling report (Coterra 2019). The route is provided below in Figure 2 from the Coterra modelling report (2019) which documented this new route through the townsite area.

The profile of the drain in Lot 106 will be consistent




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to be further refined by the developer’s consultant engineers at the subdivision stage in consultation with our Land Servicing Section.

Wastewater

The subject area falls outside a planned sewerage catchment. This is consistent with the Wastewater servicing proposal detailed in the Structure Plan.

General

The developer may be required to fund new works or the upgrading of existing works and protection of all works.

The information provided above is subject to review and may change. If the proposal has not proceeded within the next 6 months, please contact us to confirm that this information is still valid.

with the Coterra modelling in 2017, which was consistent with the GHD (2013) townsite LWMS. This drain profile is a 1 in 6 side slopes living stream. The Shire have considered taking ownership of the drain and culvert once the development is constructed.

Department of Education

IN20/28744

9. Proposed Arnold Road Local Structure Plan Lots 487, 611 and 615 Arnold Road, Serpentine Thank you for your letter dated 8 October 2020 providing the Department of Education (Department) with the opportunity to comment on the abovementioned proposed Local Structure Plan (LSP).

The Department has reviewed the information in support of the LSP and is satisfied that the proposal would not materially impact the educational needs of the area. Serpentine Primary School is projected to be able to accommodate for the student yield generated from the LSP.





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Surrounding Neighbours

R and M Vreeken IN20/24428

10. When purchasing our property, we were advised the blocks behind were not deemed as residential. We purchased the block for the views (cost more) and for the knowledge that no one lived or would build behind us.

The Local Structure Plan land is proposed as Rural Residential and is in line with the Shire’s Town Planning Scheme No.2 zoning of the site as Rural Living A.

The land was rezoned from Rural to Rural Residential under Scheme Amendment 193 in January 2019.

The approval of the Scheme amendment was achieved due to being in line with Western Australian Planning Commission Perth and Peel @3.5 million Sub-Regional Planning Frameworks. The area of the subject site is zoned Rural Residential. https://www.dplh.wa.gov.a



https://www.dplh.wa.gov.au/getmedia/becc75c4-cd43-4f28-9372-1044387ab62a/FUT-PP-South_Metro_Peel_Sub_Region_March2018_v2


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u/getmedia/becc75c4-cd43-4f28-9372-1044387ab62a/FUT-PP-South_Metro_Peel_Sub_Region_March2018_v2

S & K White IN20/24633

11. Lefroy road needs to be widened south between the primary school and Leslie Rd due to the increase in traffic to be expected in this area with this development – currently not wide enough for 2 cars and safety issue for pedestrians using the footpath with cars mounting the path to pass. Local amenities need desperately to be addressed we moved in 7 months ago to find that we have no postal delivery service and the local post office has no PO boxes for rent (they have a waiting list) this is not with in keeping with current metro urban development.

The very low volume of traffic is likely produced from the development – We appreciated your response via submission to the Draft Local Planning Strategy and Local Planning Scheme No.3.

W Herren IN20/24647

12. Attached is my submission on the scheme No2. On a number of occasions I have attended public information scions and which I have spoken to the shire officers about the native bush at the end of Rudall St that would need to be cleared for the road to connect to Arnold. There are Red Tailed Black Cockatoo’s living in these trees. With this in mind, a number of environmental studies have been carried out. The Shire rep has then come back to me and said yes I am correct and the bush cannot be cleared. Yet again your map shows the road going through this area. I was then shown a revised map the showed the road being diverted around these trees. Your map shows Rundall Street connected to Arnold. To do this you need to clear native bush with red tailed cockatoos living in the trees. You have done a number of environmental studies and this cannot be done.

The following is outside of the Structure Plan area on Rudall Street. The plans for this street have been identified under the Serpentine Townsite Local Structure Plan.









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W Herren

IN20/24648 13. Additional information Forest Red-tailed Black Cockatoo, Baudin’s Cockatoo and Carnaby’s Cockatoo are likely to be present on the site at some times of the year. The Cattle Egret may also be an irregular visitor to the area and the Southern Brown Bandicoot may be present in the bushland areas of the LSP.

An environmental assessment has been undertaken for the LSP. Revegetation has been proposed for the site as




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Forest Red-tailed Black Cockatoo and possibly Baudin’s Cockatoo and Carnaby’s Black Cockatoo could be impacted by the development of the site if mature trees are cleared. These three black cockatoo species are listed under Section 18 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Black Cockatoos require a habitat which enables foraging, roosting and breeding. The bushland areas contain the best quality habitat for the Black Cockatoos and should therefore be retained. To mitigate any potential impacts, it is recommended that Marri and Flooded Gum trees and other significant trees are retained wherever possible. There is potential to improve the Black Cockatoo habitat by planting appropriate species in drainage

per the Landscape and Revegetation Strategy.

A & S Hale IN20/28096 14. Planning Scheme No.2-lots 487, 611 and 615 Arnold Road Serpentine REF:

PA20/370 Submission Objection We are opposed to the above planning application on the following grounds: 1. When we purchased our land in September 2018, we investigated the future land use plans for the land behind our lot. It was designated rural with no mention of residential development. On this basis we decided to purchase the land and build our home. Since we received notice of the above proposal, we have noted the land use has changed to rural residential without any consultation to neighbouring land owners. We find this action to be unacceptable by the shire. Had we known that future developments would be considered we would have purchased land elsewhere. 2. The land is already very wet in the winter months and future development will increase the problem of flooding.

1. The Local Structure Plan land is proposed as Rural Residential and is in line with the Shire’s Town Planning Scheme No.2 zoning of the site as Rural Living A. The land was rezoned from Rural to Rural Residential under Scheme Amendment 193 in January 2019.

The approval of the Scheme amendment was achieved due to being in line with




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3. This development will affect the value of our home. 4. The planned road layout will increase traffic in the area and put our children’s safety at risk. 5. This development will spoil our view of the scarp, which was the reason we decided to build. 6. The development will affect our privacy and enjoyment of our home. 7. The noise and pollution, particularly sand being blown in the easterlies will affect our property. 8. If the development goes ahead will we receive compensation for the devaluation of our home?

Western Australian Planning Commission Perth and Peel @3.5 million Sub-Regional Planning Frameworks. The area of the subject site is zoned Rural Residential. https://www.dplh.wa.gov.au/getmedia/becc75c4-cd43-4f28-9372-1044387ab62a/FUT-PP-South_Metro_Peel_Sub_Region_March2018_v2

2. The Local Water management Strategy as a part of the LSP outlines the wastewater, ground water management and drainage issues for the site. Outlining the use of high performance effluent disposal systems.










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3. Noted. The Shire would like to thank you for your submission on the Arnold Road Local Structure Plan.

4. The development has very low traffic generating potential. The development also brings increase amenity in the form of a bridle trail, as well as an upgrade of Arnold Road and the intersection of Arnold Road and South Western Highway.

5/6. The LSP complies with the objectives and design intent of the land which is zoned Rural living under the Shire’s Scheme.

7. The LSP is unlikely to contribute to any significant noise and pollution through residential style




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developments. At development stage management and mitigation will be undertaken to ensure noise and dust is addressed.

8. The LSP complies with the objectives and design intent of the land which is zoned Rural living under the Shire’s Scheme.

T Moss IN20/28420 15. We bought here because of its rural appeal. Creating all these blocks will

lose that appeal. As for the existing amenities, there are none except for a couple shops. The kids have a rubbish skate park – total useless to small children. The Shire does not put anything back into the town. The night food vans and stalls were driven away. Until these areas are built to attract families with children, the town doesn’t need more houses. Pub has been closed for a number of years – families have nowhere to go. The school has been on the decline for a number of years. Extremely disappointed in this Shire of Serpentine Jarrahdale I know this will go ahead irrespective as to the feelings of the community.

The Local Structure Plan land is proposed as Rural Residential and is in line with the Shire’s Town Planning Scheme No.2 zoning of the site as Rural Living A.

The land was rezoned from Rural to Rural Residential under Scheme Amendment 193 in January 2019.




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The approval of the Scheme amendment was achieved due to being in line with Western Australian Planning Commission Perth and Peel @3.5 million Sub-Regional Planning Frameworks. The area of the subject site is zoned Rural Residential. https://www.dplh.wa.gov.au/getmedia/becc75c4-cd43-4f28-9372-1044387ab62a/FUT-PP-South_Metro_Peel_Sub_Region_March2018_v2

J van der Pas IN20/28729 16. As nearby landowners to the proposed Local Structure Plan for Lot 487,

611, 615 Arnold Road Serpentine, we take the opportunity to make the following submission for consideration: - Retain flora on both sides of Arnold Road being critical habitat to the

Carnegie Cockatoo.

Trees will be retained where possible. Revegetation has been proposed for the site as per the Landscape and Revegetation Strategy.










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- Restrict vehicle movement with entry and exit for proposed lot developments with entry and exit from Arnold Road only and not into Mardstone View entering Rangeview Loop subdivision. This will contain traffic movement within existing subdivision and proposed developments.

- With the increased traffic volume the proposed development will create, it will be crucial to widen the section of Lefroy Street between Leslie Street and Tonkin Street. Currently, it is a dangerous section of road dealing with footpath and passing oncoming traffic from both directions.

Maidstone View has not been proposed to be connected to South Western Highway, therefore no external through traffic will be generated.

The very low increases in traffic volume produced by this development do not warrant upgrades to Lefroy Street.



new summary of submissions lots 487, 611 and 615 arnold

Documents