proposed local structure plan no 3 - lots 1, 57, 200 and

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Ordinary Meeting of Council 13 April 2016 3.1 PROPOSED LOCAL STRUCTURE PLAN NO 3 - LOTS 1, 57, 200 AND 9000 WEST PARADE, SOUTH GUILDFORD Ward: (Midland/Guildford Ward) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES Urbis, on behalf of the landowners of Lots 1, 57, 200, and 9000 West Parade, South Guildford have prepared and submitted a Structure Plan to guide the subdivision of the subject lands. The proposed Structure Plan relates to the development of approximately 49ha of land that is bisected by West Parade, and bordered by the Helena River to the north, the Palmer Barracks to the south west, and existing residential land to the south and north east. Lot 57 and Portion Lots 1 and 9000 are zoned 'Urban', with Lot 200, and the balance Lots 1 and 9000 zoned 'Rural' under the Metropolitan Region Scheme (MRS). The whole of the lands are in the process of being rezoned from 'General Rural' to 'Special Use Zone' under the City’s Local Planning Scheme No.17 (LPS17). The Special Use zoning is intended to apply various controls to the land, mandated by Ministerial approval at the MRS rezoning stage, for the purpose of addressing issues with aircraft noise, road upgrades and the interface of the proposed development with the existing abutting residential areas. The proposed structure plan included various technical appendices to address those matters, including a Traffic Impact Assessment to determine road upgrades for the Queens Road/Great Eastern Highway intersection and a Local Water Management Strategy. The proposed structure plan was advertised for a period of 21 days. A total of 63 submissions were received, comprising 50 objections and 13 non- objections. It should be noted that during the prior advertising of the proposed scheme amendment, 34 submissions were received that pertained to structure plan issues, comprising 16 objections and 18 non-objections. The aggregate total of submissions pertaining to the structure plan has therefore been taken as 97 submissions comprising 66 objections and 31 non-objections. The applicant has worked with adjoining residents to design an appropriate interface treatment to the abutting residential lots off Januk Turn and this arrangement is proposed to be incorporated into the proposed structure plan. Subject to some further modifications to enable approval of the Local Water Management Strategy and Traffic Impact Assessment, the proposed structure plan is considered to comply with the proposed requirements for the land as set out in the Council endorsed Scheme amendment. It is recommended that the Council recommend to the Western Australian Planning Commission to approve the proposed Structure Plan upon the approval of the Local Water Management Strategy and Traffic Impact Assessment, its modification to incorporate the interface treatment to abutting lots off Januk Turn and other minor modifications. Page 1

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Ordinary Meeting of Council 13 April 2016

3.1 PROPOSED LOCAL STRUCTURE PLAN NO 3 - LOTS 1, 57, 200 AND 9000 WEST PARADE, SOUTH GUILDFORD

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

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• Urbis, on behalf of the landowners of Lots 1, 57, 200, and 9000 West Parade, South Guildford have prepared and submitted a Structure Plan to guide the subdivision of the subject lands.

• The proposed Structure Plan relates to the development of approximately 49ha of land that is bisected by West Parade, and bordered by the Helena River to the north, the Palmer Barracks to the south west, and existing residential land to the south and north east.

• Lot 57 and Portion Lots 1 and 9000 are zoned 'Urban', with Lot 200, and the balance Lots 1 and 9000 zoned 'Rural' under the Metropolitan Region Scheme (MRS). The whole of the lands are in the process of being rezoned from 'General Rural' to 'Special Use Zone' under the City’s Local Planning Scheme No.17 (LPS17).

• The Special Use zoning is intended to apply various controls to the land, mandated by Ministerial approval at the MRS rezoning stage, for the purpose of addressing issues with aircraft noise, road upgrades and the interface of the proposed development with the existing abutting residential areas.

• The proposed structure plan included various technical appendices to address those matters, including a Traffic Impact Assessment to determine road upgrades for the Queens Road/Great Eastern Highway intersection and a Local Water Management Strategy.

• The proposed structure plan was advertised for a period of 21 days. A total of 63 submissions were received, comprising 50 objections and 13 non-objections. It should be noted that during the prior advertising of the proposed scheme amendment, 34 submissions were received that pertained to structure plan issues, comprising 16 objections and 18 non-objections. The aggregate total of submissions pertaining to the structure plan has therefore been taken as 97 submissions comprising 66 objections and 31 non-objections.

• The applicant has worked with adjoining residents to design an appropriate interface treatment to the abutting residential lots off Januk Turn and this arrangement is proposed to be incorporated into the proposed structure plan.

• Subject to some further modifications to enable approval of the Local Water Management Strategy and Traffic Impact Assessment, the proposed structure plan is considered to comply with the proposed requirements for the land as set out in the Council endorsed Scheme amendment.

It is recommended that the Council recommend to the Western Australian Planning Commission to approve the proposed Structure Plan upon the approval of the Local Water Management Strategy and Traffic Impact Assessment, its modification to incorporate the interface treatment to abutting lots off Januk Turn and other minor modifications.

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Ordinary Meeting of Council 13 April 2016

AUTHORITY/DISCRETION

The processes and determination powers with respect to structure plans are governed by the Deemed Provisions of Schedule 2 of the Planning and Development (Local Planning Scheme) Regulations 2015 (the Regulations). Under these regulations the Western Australian Planning Commission (WAPC) is the sole authority responsible for making determinations on structure plans.

Pursuant to r.20 of Part 4 of Schedule 2 of the Regulations, the responsible authority must prepare a report to the WAPC on that plan, inclusive of a recommendation as to whether or not it should be approved, within 60 days of the date of closure of the public advertising period.

BACKGROUND

Applicant: Urbis Owner: Noahs Rosehill Waters Pty Ltd (Directors: Peter Francis

Burke and Ting Lee) Zoning: LPS17 - Special Use Zone 24 and General Rural MRS - Urban and Rural Strategy/Policy: State Planning Policy 5.1

Liveable Neighbourhoods Development Scheme: Local Planning Scheme No 17 Existing Land Use: Reception Centre, Caretakers Dwelling Lot Area: 49ha

DETAILS OF THE PROPOSAL

The subject of this report is the adoption of the proposed Rosehill Waters Structure Plan. The proposed Structure Plan relates to the development of approximately 49Ha of land in South Guildford, bound by the Palmer Barracks to the south west, Helena River to the north west and existing residential to the north east and south east.

The Structure Plan proposes the following:

• An estimated 616 Residential lots at an R20 density;

• An aged person's development site which will be assessed against the Residential Design Codes WA at the time of development;

• A Grouped Housing site at an R20 density; and

• Areas of public open space for active/passive recreation, retention of ecological corridors and flood storage.

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Ordinary Meeting of Council 13 April 2016

The applicant has submitted the following documents as technical appendices in support of the proposal:

1. Local Water Management Strategy (Coterra)

2. Environmental Assessment and Management Strategy (Coterra)

3. Foreshore Management Strategy (Coterra)

4. Transport Impact Assessment (DVC)

5. Infrastructure and Servicing Report (Pritchard Francis)

6. Fire Management Plan (Bushfire Safety Consultant)

7. Acoustic Report (Herring Storer Acoustics)

8. Aboriginal Heritage Assessment (Amergin)

9. Community Engagement Report (Karen Gregory)

DESCRIPTION OF SITE

The subject site is located approximately 2.8kms south west of Midland. It is bound by the Palmer Barracks to the southwest, Helena River to the northwest and existing residential to the northeast and southeast.

The land is within the Airport Noise Exposure Area affected by the 15-20, 20-25, and 25-30 ANEF contours. The spatial arrangement of zones and associated permissible uses reflects the Metropolitan Region Scheme Amendment, which extended an Urban zone to Lot 57, and portions of Lots 1, 200 and 9000 which in turn reflected the ANEF contour 15-20. Land affected by contours 20-25 and 25-30 is not proposed to contain any noise sensitive land uses.

SITE HISTORY/PREVIOUS APPROVALS

Nil

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Scheme Amendment No 113 to City of Swan Local Planning Scheme No 17

Council at its meeting on 2 March 2016, resolved to grant final approval of Scheme Amendment 113 which worked to rezone Lots 1, 57, 200 and 9000 from 'General Rural' to 'Special Use Zone'. The amendment was forwarded to the WAPC on 10 March 2016 with a request that the Minister for Planning endorse it for gazettal with the recommended modifications. The Minister for Planning has not yet endorsed Scheme Amendment 113.

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Ordinary Meeting of Council 13 April 2016

The Scheme Amendment as forwarded to the WAPC on 10 March 2016 and as approved by Council on 2 March 2016 seeks to insert the following text into the Scheme:

No. Description of Land

Special Use Conditions

24 Lot 57 on P28643 West Parade;

Lot 9000 on DP30961 West Parade;

Lot 200 on DP30961 West Parade;

Lot 1 on P7052 West Parade,

South Guildford

1. Subdivision and development shall be in accordance with a Structure Plan prepared and approved in accordance with the provisions of Part 5A of the Scheme.

2. Residential development shall be at a maximum density of R20.

3. Notwithstanding the provisions of State Planning Policy 5.1 Land Use Planning in the Vicinity of Perth Airport, noise insulation in accordance with AS2021-2015: Acoustics - Aircraft Noise Intrusion - Building Siting and Construction is required as a minimum for residential development within the 20-25 ANEF contour.

4. A notification is to be included on all titles and within sale contracts, to be signed and acknowledged by all purchasers, which states as follows:

"This land is subject to aircraft noise at any time by the 24 hour a day, 7 day a week passenger and freight aircraft flight operations arriving and departing Perth Airport.

The frequency of aircraft movements and the size of aircraft are forecast to increase indefinitely into the future.

It is the responsibility of landowners to noise attenuate their property to ensure their amenity, as Perth Airport will remain curfew free."

5. Signage indicating "Aircraft Noise Area" is to be erected and maintained to the east and west of the development on West Parade. Such signage is to be erected prior to the sale of any lot or the advertising of the lots for sale and is to be maintained permanently thereafter.

6. In addition to the requirements specified for Structure Plans in Part 5A, the Structure Plan shall address the following:

• Provision of a Foreshore Management Plan inclusive of details of landscaping,

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Ordinary Meeting of Council 13 April 2016

interface treatment to the Helena River and details of implementation and maintenance at the subdivision/development stage;

• In addition to the requirements for a Structure Plan, the Traffic Management Plan should identify, amongst other items, the nature and timing of upgrades to the intersection of the Great Eastern Highway and Queens Road;

• A Landscape Plan to identify, amongst other items, an appropriate buffer to be provided along West Parade that retains the existing vegetation and maintains the visual amenity of West Parade.

Precinct 1 - Lot 57 on P28643, portion of Lot 9000 on DP30961 and portion Lot 1 on P7052 West Parade, South Guildford, as depicted in the Precinct Map.

Specific Provisions:

1. Permissibility of land uses within Precinct 1 is to be in accordance with Residential zoned land under Clause 4.3 – Zoning Table of this Scheme.

Precinct 2 - Lot 200 on P30961 (including whole of existing Lodge), portion of Lot 9000 on DP30961 and portion Lot 1 on P7052 West Parade, South Guildford, as depicted in the Precinct Map.

Specific Provisions:

1. Land uses within Precinct 2 shall be in accordance with 'Private Clubs and Institutions' zoned land under Clause 4.3 - Zoning Table of this Scheme.

2. Notwithstanding the above point (1), the following uses are an 'X' (not permitted) use within Precinct 2 due to the level of exposure to aircraft noise or the underlying zoning under the Metropolitan Region Scheme:

• Aged or Dependent Persons Dwellings; • Bed and Breakfast • Caretaker's Dwelling • Child Care Premises • Educational Establishment • Family Day Care • Grouped Dwelling • Home Business

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• Home Occupation • Home Office • Hospital • Multiple Dwelling • Office • Single House • Winery

3. In addition to the uses listed under Clause 4.3 - Zoning Table of this Scheme, the following Additional Use is considered to be an 'A' use within Precinct 2 of this Special Use Zone:

• Garden Centre

− Special Use Zone Precinct Map

APPLICANT'S SUBMISSION

• This Structure Plan promotes innovative and sustainable development, that includes provisions for built form and urban design as well as environmental and community benefits.

• The planning of the site has been heavily influenced by the contemporary urban design principles of integration and permeability, enhancement of natural features, and a strong focus on the provision of amenity for the residents and the surrounding community.

• The development of the site provides a key opportunity for urban infill within Perth's north east corridor, representing a logical and efficient delivery of urban development, consistent with the State government's strategic vision and priorities as identified in Directions 2031 and Beyond. In addition, the Rosehill Waters Structure Plan celebrates the localities history and natural assets through River waterways and its foreshore and the existing historical and socially significant buildings and garden.

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• The structure plan allows for the creation of approximately 616 dwellings over approximately 41.21ha of Urban zoned land.

PUBLIC CONSULTATION

The proposed Structure Plan was then advertised for 21 days and underwent the following public consultation process:

• Written notification to affected and surrounding landowners;

• A notice placed in the 20 January 2016 edition of the West Australian;

• A notice placed in the 19 January 2016 edition of the Midland Kalamunda Reporter;

• Sign erected on site for the duration of the advertisement period;

• Notice and publication on the City's website; and

• Made available for public inspection at the City's Administration Building.

63 public submissions were received by the City, of which 50 were objections and 13 supported the proposed structure plan.

It is noted that during the advertising of the Scheme Amendment, an overwhelming number of submitters wrote in relation to the Structure Plan. For this reason, their objections have been considered as part of this Structure Plan. Therefore, the total number of submissions is 97, comprising of 66 letters of objection and 31 letters of no objection.

As a result of the consultation period and from all 97 submissions, several issues were raised as follows:

i) Foreshore and river protection of the Helena River, including wildlife.

ii) The interface between the development site and existing residential development is not sufficient and jeopardises amenity and privacy.

iii) The upgrades required to the Queens Road/Great Eastern Highway intersection and traffic safety generally.

iv) The need for additional school facilities.

v) The protection of Open Space facilities.

vi) Devaluation and damage during construction of existing properties.

vii) Responsibility of developers at subdivision and development stage.

viii) Necessity of aircraft noise signage.

ix) Land is affected by aircraft noise and should not be allowed to be developed.

x) Land is affected by rail noise which has not been considered.

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Ordinary Meeting of Council 13 April 2016

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

In addition to the public consultation, the City sought the advice of the following agencies:

• Western Australian Planning Commission (WAPC)

• Department of Water (DoW)

• Department of Aboriginal Affairs (DAA)

• Telstra

• Perth Airports

• Western Power

• Department of Parks and Wildlife, including the Rivers and Estuaries Division which has absorbed the former Swan River Trust (DPaW)

• Water Corporation

• Department of Fire and Emergency Services (DFES)

• The State Heritage Office (SHO)

• Department of Defence RAAF (DoD)

• Department of Education (DoE)

• Main Roads WA (MRWA)

• Department of Transport (DoT)

• ATCO Gas

• Dampier to Bunbury Natural Gas Pipeline operators (DBNGP), and

• APA Group

Objections to aspects in the proposed structure plan were received from DoT on behalf of MRWA and PTA, and DoW and these have been addressed in the body of the report. Other referral agencies/service providers offered no objection and/or standard advice and recommendations in relation to the proposed structure plan.

Department of Defence raised concern with the land use conflict between their operations at Palmer Barracks and the future residential development on the subject land, and recommended a notification on titles. This is discussed further in the "Details" section of this report.

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Ordinary Meeting of Council 13 April 2016

DETAILS

Density:

The proposed structure plan proposed R20 density in accordance with the recommendations of the Metropolitan Region Scheme and Local Planning Scheme Amendment 113.

Traffic Safety and Road Upgrades:

As required by the Council endorsed Scheme provisions for this zone – a traffic impact assessment (TIA) has been submitted which models the impact of traffic from the structure plan on the intersection of Queens Road and Great Eastern Highway.

The proponents TIA had determined that the performance of the Queens Road and Great Eastern Highway intersection is at level F for right turn movements out of Queens Road heading north into Great Eastern Highway.

They have proposed an interim upgrade solution to install a left-turn slip lane in the Queens Road reserve to separate left turning vehicles from right turning vehicles and so reduce the right turn queue length.

Main Roads WA had advised the City of their dissatisfaction with some of the inputs into the TIA but liaison with the applicant’s traffic consultant has resolved this. They agreed to modifications to the traffic modelling need to be incorporated into the revised TIA.

Both MRWA and City staff are of the view that the interim upgrade to the Queens Road – Great Eastern Highway intersection needs to occur prior to any subdivision within the proposed structure plan area and not at the time of creation of the 300th lot as originally proposed under the TIA. The applicant is accepting of this arrangement and will need to prepare and submit to MRWA’s satisfaction a slip lane treatment for the intersection and construct this at their own cost.

Freight Noise and Vibration

The Department of Transport have raised concern that no investigation was conducted into noise and vibration impacts from the nearby Freight Rail. State Planning Policy 5.4 Road and Rail Transport Noise and Freight Considerations in Land Use Planning.

Part 5.2.1 clearly states that "it is reasonable to presume that substantial building development fronting a transport corridor will generally have the effect of screening the development to the rear. For example, in a residential development, usually only the first row of houses that faces the transport corridor will be significantly affected".

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Further, the term "in the vicinity of" is specifically defined as

"means:

a) Abutting; or

b) Separated by only a road, access way or other land that is likely to remain substantially open and undeveloped in terms of buildings, up to a maximum distance of 300m"

Therefore, it is indisputable that the Rosehill Development area is not in the vicinity of an existing major transport corridor or freight handling facility, and therefore SPP5.4 is not applicable to this development. It should also be noted that the policy does not apply to ground vibration and cannot be used as a mechanism to require vibration investigation.

Cycle and Shared Paths

Department of Transport Cycle team required a number of amendments all to do with increasing footpaths from 1.5m to 2m, design share paths with red asphalt, signposted and appropriately line marked and providing end of trip facilities and U-rails for bike parking. All of these items would occur during the detailed design stage at subdivision, and therefore should not impede the progression of this Structure Plan application.

Extension of a Shared Path through to Gentle Circle was also suggested by the Department of Transport. The City staff agrees in principle for the piping of the existing drain to make safe for pedestrian movements. However, the Department of Water are not supportive of the piping of Drain 1 as proposed within the LWMS and require this to be retained as an open drain with the retention of over land flows and surface water.

It is also noted that there is a pedestrian access way to the east of Gentle Circle which will subsequently connect to the development site adjacent to Drain 2. The matter of whether Drain 1 be retained as an open drain or piped to create a shared path can be resolved as subsequent planning stages and is not integral to the progression of this Structure Plan.

Aircraft Noise

Department of Transport has again raised the concern of aircraft noise. It is important to reiterate that all planning controls around noise insulating sensitive developments are contained as provisions within the Scheme Amendment 113, recently approved by Council and forward to the WAPC.

Department of Water

The Department of Water have raised several matters which are contained categorically within the Schedule of Submissions. The proponents have prepared an amended LWMS in consultation with DoW and CoS, which is currently undergoing review from DoW and CoS.

It is noted that the City is not supportive of a community bore for logistical reasons. The applicant has confirmed that the bore is not an essential water supply and only proposed in order to maintain the current water allocations. They have amended the LWMS to ensure that the community bore will be located on private land and managed by a third party. The City is accepting of this.

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Ordinary Meeting of Council 13 April 2016

Interface with Existing Residential Development

The Minister’s endorsement of the Metropolitan Region Scheme amendment that rezoned the land from Rural to Urban was subject to a requirement that, through subsequent planning processes "Existing residential development abutting the amendment area should be appropriately separated from new residential development in consideration of amenity impacts."

The proposed structure plan, as advertised, proposed that the interface treatment between the structure plan area and abutting residential areas should be with appropriately larger sized residential lots with “no development” areas to the rear and substantial landscaping.

Thirty six submissions were received objecting to the proposed structure plan on the grounds of what may be termed “interface” issues, these being:-

- through traffic from road connections;

- adverse impact on the streetscape of Lautour Street

- inadequate separation distance between the new developments and adjoining properties; and

- loss of privacy.

Eight residents along Lautour Street have objected on the grounds that the proposed development will entail the removal of the extensive landscaping within the verge on the western side of the street and the open brick and iron fence that sits along a portion of the boundary of this site.

Given that the design layout of the proposed structure plan will mostly comprise abutting lots that will have not have road access from Lautour Street, clearing of the verge for driveways and crossovers would not occur and the established landscaping would remain unaffected.

A total of twenty residents, variously along Lautour Street, Brooking Street, Pexton Drive, Karreen Way, Armitage Close, Kulungar Elbow and Nyinda Entrance have all objected to the proposed road connections that will link their streets with the new streets in the proposed structure plan. They have contended that through traffic will adversely affect the existing amenity, characterised by quiet streets and cul-de-sacs, where children currently play.

Submissions have been put by these residents suggesting that these through connections be deleted and replaced with cul-de-sacs. Such an arrangement is against the best-practice urban design principles of connectivity: it denies the dispersal of vehicle traffic evenly across a road network, renders movement less convenient and discourages walking and cycling. It is recommended that the road connections proposed under the submitted structure plan remain.

Eight residents along Januk Turn made submissions opposing the structure plan because of concern of loss of privacy from an inadequate separation of their properties with future abutting lots. Some of these lots have two storey houses with major openings such as balconies that look westwards across the structure plan area. One resident suggested there should be a green-space interface through provision of adjoining public open space. It is understood that the applicant has undertaken detailed consultation with those residents and formulated a design solution for the interface to address these privacy concerns. This solution is to have a 20 metre wide road reserve interface along the boundary edge that will be heavily landscaped. The capacity to substantially landscape is to be achieved by eliminating the restrictions that driveway crossovers and

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Ordinary Meeting of Council 13 April 2016

services within the verge would place on the establishment of street trees and shrubs. The lots that front onto this road reserve from the development side would instead have rear access and utility service provision via a rear laneway. This measure would ensure that existing houses on the abutting properties would not look into the backyards of their neighbours but instead view a landscaped street of house frontages.

It is understood from correspondence provided by the applicant that this proposed interface design is satisfactory to many of the abutting residents along Januk Turn.

Precise details of reserve widths and utility servicing arrangements would be determined at any subsequent subdivision application stage.

This interface arrangement is considered superior to the alternative of instead placing public open space in this location. Such a strip of public open space, being 20 metres in width, would, if used for normal recreational purposes by the public, not eliminate the privacy concerns that residents of Januk Turn hold. Further a micro-park of this size is inefficient from a City maintenance perspective.

Department of Defence

During the Scheme Amendment, it was identified that DoD sought notifications on certificate of titles advising prospective purchasers that the Palmer Barracks may cause noise and light overspill from ongoing and enduring operations. The City considers this a valid planning mechanism to protect the use and enjoyment of the land, however such a requirement would not be applicable to the whole of the development area. It is recommended that this requirement be deferred until a subdivision application is lodged. The Western Australian Planning Commission would then refer the application to the Department of Defence, whom can then recommend notifications on titles for only those affected lots.

It will therefore be recommended that Table 1 of part 1.6.6 be amended to include this as a subdivisional requirement.

Planning For Bushfire

The Fire Management Plan contains various appendices. It is noted that Appendix I identifies more land as being Bushfire Prone than the Department of Fire and Emergency Services (DFES) Bushfire Prone Areas Map 2015 which operates under regulation to declare areas bushfire prone.

As part of the recommendation to the WAPC, it will be recommended that the DFES Bushfire Prone Areas Map 2015 be updated to include those parts of the land subject of this proposed structure plan that have been identified as being bushfire prone.

Minor amendments to the responsibilities section is also being amended by the Bushfire Safety Consultant, however the revised FMP is yet to be receipted.

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Ordinary Meeting of Council 13 April 2016

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to recommend that the Western Australian Planning Commission approve the proposed Rosehill Waters Local Structure Plan No. 3, pertaining to Lots 1, 57, 200 and 9000 West Parade subject to, the approval of a Local Water Management Strategy (by DoW) and a revised Traffic Impact Assessment (by MRWA) and modifications to the Structure Plan Map reflective of the “Indicative Separation Treatment Plan – Expanded Park Avenue Interface Treatment” and other modifications to the structure plan documentation.

This is the recommended option.

Implications: The WAPC will determine the Structure Plan in accordance with Clause 22 of the Planning and Development (Local Planning Scheme) Regulations 2015.

Option 2: Council may resolve to recommend that the Western Australian Planning Commission refuse to approve the proposed Rosehill Waters Local Structure Plan No. 3, pertaining to Lots 1, 57, 200 and 9000 West Parade for the following reason:

1. Interface between the existing residential development and proposed development is not acceptable.

This is not the recommended option.

Implications: The WAPC will determine the Structure Plan in accordance with Clause 22 of the Planning and Development (Local Planning Scheme) Regulations 2015.

ATTACHMENTS

Structure Plan Map and Part One

Origin of Amenity Related Objections

“Indicative Separation Treatment Plan – Expanded Park Avenue Interface Treatment”

STRATEGIC IMPLICATIONS

Should the Rosehill Waters Structure Plan be approved by Council, the area will be developed for residential purposes, including an estimated 616 residential lots, a private clubs and institutions zone which could facilitate a number of neighbourhood centre uses and Public Open Space sites of varying functionality.

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STATUTORY IMPLICATIONS

Planning and Development Act 2005

Local Planning Scheme No. 17 (specifically Part 5A and Schedule 4 - Special Use Zone 14)

Should the Rosehill Waters Structure Plan be approved by Council, it will guide the City's recommendations on subdivision and development of the subject area.

FINANCIAL IMPLICATIONS

Future Maintenance cost associated with Public Open Space sites

Future maintenance costs of roads and associated drainage infrastructure within road reserves and local open space reserves.

A possible future cash contribution (in lieu of road work upgrades) will be made by proponent towards the upgrade of Queens Road and Great Eastern Highway. This would be imposed on a future subdivision approval and informed by an amended Traffic Impact Assessment, to be submitted with a subdivision application.

VOTING REQUIREMENTS

Simple majority

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Ordinary Meeting of Council 13 April 2016

RECOMMENDATION

That the Council resolve to:

1) Recommend to the Western Australian Planning Commission to approve the proposed Rosehill Structure Plan upon:

1. The Local Water Management Strategy being approved by the Department of Water;

2. Provision of a modified Traffic Impact Assessment, to the satisfaction of the City of Swan and Main Roads Western Australia; and

subject to the following modifications:

a) Modifying the Structure Plan Map to reflect a road interface between the structure plan area and the abutting lots off Januk Turn to the west as depicted in the “Indicative Separation Treatment Plan – Extended Park Avenue Interface Treatment”;

b) Modifying paragraph two of section 1.5 Staging of Part One of the Structure Plan report to read as follows:

”Notwithstanding, prior to the creation of any lot and before any development, upgrades to the Great Eastern Highway and Queens Road intersection are to be undertaken by the proponent of the Structure Plan, at their cost, in accordance with any recommendations of the approved Traffic Impact Assessment."

c) Amending Table 1 – Subdivision and Development Requirements in Part One of the Structure Plan report, to include one additional item as follows:

Additional Information

Purpose Approval Stage

Consultation Required

Section 70A Notification

To determine the extent of light and noise overspill from the Palmer Barracks

Condition of subdivision approval

Department of Defence

d) Updating Table 2 – Public Open Space Schedule in Part Two (Explanatory Report) of the Structure Plan report to reflect any relevant requirements of the approved Local Water Management Strategy.

e) Updating the relevant sections of the Executive Summary, Part Two (Explanatory Report) of the Structure Plan report to reflect the above modifications.

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2) Forward the proposed Structure Plan to the Western Australian Planning Commission (WAPC) for their determination.

3) Advise the Western Australian Planning Commission that the Bushfire Hazard assessment undertaken as part of the structure plan should inform an update of the Department of Fire and Emergency Services Bushfire Prone Areas Map 2015.

4) Advise the applicant, landowner, and those persons and agencies who lodged a submission, of Council's decision accordingly.

MOTION that the Council resolve to:

1) Recommend to the Western Australian Planning Commission to approve the proposed Rosehill Structure Plan upon:

1. The Local Water Management Strategy being approved by the Department of Water;

2. Provision of a modified Traffic Impact Assessment, to the satisfaction of the City of Swan and Main Roads Western Australia; and

subject to the following modifications:

a) Modifying the Structure Plan Map to reflect a road interface between the structure plan area and the abutting lots off Januk Turn to the west as depicted in the “Indicative Separation Treatment Plan – Extended Park Avenue Interface Treatment”;

b) Modifying the Structure Plan Map to depict that the three proposed subdivisional roads north of West Parade connecting, respectively, with Brooking Street, Pexton Drive and Lautour Street, instead terminate as cul-de-sacs at the structure plan area boundary.

c) Modifying paragraph two of section 1.5 Staging of Part One of the Structure Plan report to read as follows:

”Notwithstanding, prior to the creation of any lot and before any development, upgrades to the Great Eastern Highway and Queens Road intersection are to be undertaken by the proponent of the Structure Plan, at their cost, in accordance with any recommendations of the approved Traffic Impact Assessment."

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d) Amending Table 1 – Subdivision and Development Requirements in Part One of the Structure Plan report, to include one additional item as follows:

Additional Information

Purpose Approval Stage

Consultation Required

Section 70A Notification

To determine the extent of light and noise overspill from the Palmer Barracks

Condition of subdivision approval

Department of Defence

e) Updating Table 2 – Public Open Space Schedule in Part Two (Explanatory Report) of the Structure Plan report to reflect any relevant requirements of the approved Local Water Management Strategy.

f) Updating the relevant sections of the Executive Summary, Part Two (Explanatory Report) of the Structure Plan report to reflect the above modifications.

2) Forward the proposed Structure Plan to the Western Australian Planning Commission for their determination.

3) Advise the Western Australian Planning Commission that the Bushfire Hazard assessment undertaken as part of the structure plan should inform an update of the Department of Fire and Emergency Services Bushfire Prone Areas Map 2015.

4) Advise the applicant, landowner, and those persons and agencies who lodged a submission, of Council's decision accordingly.

5) Note the reason for changing the recommendation is to uphold the expectations of amenity of residents of Lautour Street, Pexton Street and surrounding streets, who bought their homes with the expectation of a quiet private estate without through traffic.

(Cr Johnson -)

MOTION LAPSED due to the lack of a seconder.

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Ordinary Meeting of Council 13 April 2016

MOTION that the Council resolve to adopt the staff recommendation.

(Cr Färdig - Cr Bailey)

RESOLVED UNANIMOUSLY TO:

1) Recommend to the Western Australian Planning Commission to approve the proposed Rosehill Structure Plan upon:

1. The Local Water Management Strategy being approved by the Department of Water;

2. Provision of a modified Traffic Impact Assessment, to the satisfaction of the City of Swan and Main Roads Western Australia; and

subject to the following modifications:

a) Modifying the Structure Plan Map to reflect a road interface between the structure plan area and the abutting lots off Januk Turn to the west as depicted in the “Indicative Separation Treatment Plan – Extended Park Avenue Interface Treatment”;

b) Modifying paragraph two of section 1.5 Staging of Part One of the Structure Plan report to read as follows:

”Notwithstanding, prior to the creation of any lot and before any development, upgrades to the Great Eastern Highway and Queens Road intersection are to be undertaken by the proponent of the Structure Plan, at their cost, in accordance with any recommendations of the approved Traffic Impact Assessment."

c) Amending Table 1 – Subdivision and Development Requirements in Part One of the Structure Plan report, to include one additional item as follows:

Additional Information

Purpose Approval Stage

Consultation Required

Section 70A Notification

To determine the extent of light and noise overspill from the Palmer Barracks

Condition of subdivision approval

Department of Defence

d) Updating Table 2 – Public Open Space Schedule in Part Two (Explanatory Report) of the Structure Plan report to reflect any relevant requirements of the approved Local Water Management Strategy.

e) Updating the relevant sections of the Executive Summary, Part Two (Explanatory Report) of the Structure Plan report to reflect the above modifications.

Page 18

Ordinary Meeting of Council 13 April 2016

2) Forward the proposed Structure Plan to the Western Australian Planning Commission (WAPC) for their determination.

3) Advise the Western Australian Planning Commission that the Bushfire Hazard assessment undertaken as part of the structure plan should inform an update of the Department of Fire and Emergency Services Bushfire Prone Areas Map 2015.

4) Advise the applicant, landowner, and those persons and agencies who lodged a submission, of Council's decision accordingly.

Page 19

S T R U C T U R E P L A NSWAN/2015 � LOTS 1, 57, 200 & 9000 WEST PARADE, SOUTH GUILDFORD

DECEMBER 2015

PART 1

ROSEHILL WATERS STRUCTURE PLANLOTS 1, 57, 200 & 9000 WEST PARADE, SOUTH GUILDFORD 09

1.0 IMPLEMENTATION OF STRUCTURE PLAN

1.1 STRUCTURE PLAN AREAThe Rosehill Waters Structure Plan (the Structure Plan), once endorsed, will become the guiding document in the consideration of future subdivision and development for the land contained within the inner edge of the line denoting the Structure Plan boundary on the Structure Plan Map as shown in Figure 1.

1.2 STRUCTURE PLAN OBJECTIVESThe objectives of the Structure Plan are:

i. To provide guidance on the subdivision and development of the Structure Plan in a circumstance where the site has particular locational and developmental requirements.

ii. To facilitate the orderly and proper planning of the Structure Plan within the context of the sites constraints relating to aircra� noise.

iii. To adequately address the conditions of the Metropolitan Region Scheme (MRS) Amendment 1266/57 and the City of Swan’s Local Planning Scheme No.17 (LPS17), Special Use Zone No.24.

1.3 STRUCTURE PLAN CONTENTThis Structure Plan comprises:

Part 1: Implementation Section.

Part 2: Explanatory Section.

Part 3: Technical Appendices.

The Structure Plan should be read in conjunction with the City of Swan Local Planning Strategy (once endorsed) and the LPS17.

Part 1 of this Structure Plan is the implementation component of the Structure Plan which contains the Structure Plan Map and outlines the purpose and intent of the Structure Plan.

Part 2 of this Structure Plan is the explanatory section which contains the background information and explanation of the Structure Plan including design methodology, relevance and compliance with the planning framework. Part 2 also contains all supporting plans and figures.

Part 3 of this Structure Plan includes all of the relevant technical reporting which has been undertaken in support of the Structure Plan.

1.4 OPERATIONThe Rosehill Waters Structure Plan comes into effect on the date in which the Structure Plan is approved by the Western Australian Planning Commission (WAPC). An approved structure plan is a document to which planning decision-makers are to give due regard to when making decisions on the subdivision and development of land within the Structure Plan.

1.5 STAGINGDue to the nature and size of the Structure Plan, it is proposed that the development be undertaken within three (3) stages. The staging of the Structure Plan is largely influenced by existing site levels and earthworks, rather than the delivery of required infrastructure.

Notwithstanding, upon the creation of the 300th lot, upgrades to Great Eastern Highway and Queens Road intersection are required to be undertaken in accordance with the Structure Plan and the Legal Agreement between Noahs Rosehill Waters Pty Ltd and the City of Swan.

1.6 SUBDIVISION AND DEVELOPMENT REQUIREMENTS

1.6.1 LAND USE AND DEVELOPMENTi. Land use and development within the

Structure Plan is to be consistent with the prescribed zonings and reservations as detailed on the Structure Plan Map and as defined under LPS17.

ii. Land use permissibility is to be in accordance with the relevant zone and the land use permissibility’s of the Zoning Table and Special Use Zone No.24 (when adopted) of LPS17.

iii. No unacceptable land uses, as detailed under State Planning Policy 5.1 (SPP 5.1) are to occur within the 25 ANEF contour area.

ROSEHILL WATERS STRUCTURE PLANLOTS 1, 57, 200 & 9000 WEST PARADE, SOUTH GUILDFORD 010

1.6.2 PRECINCT REQUIREMENTSi. Land use and development within the

Structure Plan is to be in accordance with the City of Swan LPS17 Special Use Zone No.24. All subdivision and development is to be in accordance with the conditions of this zone (once adopted into LPS17).

1.6.3 RESIDENTIAL DENSITYi. The residential density for the

Structure Plan is R20, refer Figure

1(Rosehill Waters Structure Plan). The density has been restricted to an R20 maximum through the conditions of the Metropolitan Region Scheme (MRS) Amendment 1266/57 which applies to the Structure Plan.

ii. Residential density targets were established in Directions 2031 and Beyond and require new areas to adhere to a target of 15 dwelling units per gross hectare of ‘Urban’ zoned land. Due to the restrictions to density imposed under MRS Amendment 1266/57, the Structure Plan delivers a density of 12.5 dwellings per hectare across the Structure Plan. Note: The detail as to how the Structure Plan addresses the conditions of MRS Amendment 1266/57 is outlined in Part 2, Section 3.3.

1.6.4 PUBLIC OPEN SPACEi. The provision of a minimum of 10

per cent public open space (POS) being provided in accordance with the WAPC’s operational policy, Liveable Neighbourhoods (2009).

ii. Public open space is to be provided generally in accordance with Figure 1 (Rosehill Waters Structure Plan) and Table 6 and Figure 20 of Part 2. An updated public open space schedule is to be provided at the time of subdivision for determination by the WAPC, on advice from the City of Swan.

1.6.5 LOCAL DEVELOPMENT PLANSA. Residential Local Development Plan.

i. Prior to determination of an application for approval to commence development or as a condition of subdivision (whichever comes first) a Local Development Plan (LDP) is to be prepared and submitted to the City of Swan for approval for all land which directly abuts existing residential development. This LDP is to address the interface between existing and proposed dwellings and detail any required setbacks and interface treatments.

ii. An LDP may also be prepared for any other area within the Structure Plan which requires specific built form controls and/or any specific requirements to address bush fire constraints and to achieve sustainable design initiatives.

B. Private Clubs and Institutions Local Development Plan.

i. Prior to the determination of an application for approval to commence development or subdivision (whichever comes first) a Local Development Plan (LDP) is to be prepared and submitted to the City of Swan for approval for all land within the ‘Private Clubs and Institutions’ zone. An LDP is not required prior to any change of use application.

ii. The LDP is to be prepared over all of the land zoned Private Clubs and Institutions or any other additional area that is of sufficient extent that it adequately addresses the site’s context, integration and coordination with surrounding urban structure, built form, foreshore and the Structure Plan requirements.

C. A LDP is required, at a minimum to address the objectives and requirements of the Structure Plan as well as Part 5A of the LPS17 and include details relating to:

Street network and street block boundaries.

Notional location and distribution of land uses which demonstrate how the development of the location contributes towards the objectives of the Structure Plan.

Built form controls including building height, setbacks, indicative servicing/storage areas and any other building design feature considered relevant.

Location, areas, and primary function/roles of any public/private open space.

Indicative landscape treatments within the public realm.

Interface treatments with the adjoining Helena River foreshore.

Any other information considered relevant by the City of Swan to address the requirements of the Structure Plan.

ROSEHILL WATERS STRUCTURE PLANLOTS 1, 57, 200 & 9000 WEST PARADE, SOUTH GUILDFORD 011

1.01.0 IMPLEMENTATION OF STRUCTURE PLANMPL ATIOENT TION

1.6.6 ADDITIONAL INFORMATIONThe following technical information is required to be undertaken at future planning stages:

TABLE 1 – SUBDIVISION & DEVELOPMENT REQUIREMENTS

ADDITIONAL INFORMATION

PURPOSE APPROVAL STAGECONSULTATION REQUIRED

Foreshore

Management Plan

To provide detailed guidance on the interface between the

Helena River foreshore and the Structure Plan area including

pedestrian and vehicular access.

Condition of subdivision approval for any

part of the Structure Plan area abutting

the Helena River foreshore.

Swan River Trust (if required)

Urban Water

Management Plan

To detail drainage construction works, monitoring and

maintenance arrangements in accordance with the WAPC’s

Better Urban Water Management Guidelines.

Condition of subdivision approval. Department of Water

Landscape and

Public Open Space

Management Plan

To detail the ongoing management and maintenance

arrangements of landscaping and public open space areas.Condition of subdivision approval. City of Swan

Traffic Management

Plan

To provide technical specifications relating to the upgrading

of Queens Road/Great Eastern Highway and construction

management arrangements and broader traffic requirements.

To be submitted with subdivision

application.

City of Swan, Main Roads WA

(if required)

Flora/Vegetation

Management Plan

To provide detail of specific management, mitigation and tree

retention methods to be implemented at construction stage.Condition of subdivision approval.

City of Swan, Department of

Environment (if required)

Fauna Management

Plan

To provide detail of specific management strategies for the

protection of fauna habitats.Condition of subdivision approval. City of Swan

Geotechnical ReportDetailing the specific design and construction

recommendations and requirements.Condition of subdivision approval. City of Swan

ROSEHILL WATERS STRUCTURE PLANLOTS 1, 57, 200 & 9000 WEST PARADE, SOUTH GUILDFORD 012

WEST PARADE

LAUTOUR

ST

PEXTON DR

BROOKING

KULUNGAR

ELB

ARMITAGE CLOSE

WAY

KARREEN

WALICH PL

WATER

HALL R

OAD

WATERHALL

ROAD

GENTLE

CIR

CLE

HELENA RIVER

WATERHALLPARK

PALMER

BARRACKS

THE EMBANKMENT

805

KULUNGARPARK

QUEENS ROAD

ST

EDGAR WILK

ES ENT

200

9000

1

9000

57

57

P1

P2

1

WEST

PARADE

WC

WC

SUBJECT AREA

ZONES

RESIDENTIAL R20

PRIVATE CLUBS AND INSTITUTIONS

RESERVES

PUBLIC OPEN SPACE

DRAINAGE

PUBLIC PURPOSES -

WATER CORPORATION

ROAD RESERVES

INTEGRATOR B

NEIGHBOURHOOD CONNECTOR

LOCAL ACCESS STREET

NOTES

AGED PERSONS DEVELOPMENT SITE

GROUPED HOUSING SITE

PRECINCT AS DEFINED BY CITY OF SWANLOCAL PLANNING SCHEME NO.17

Subdivision Design is Indicative Only and subject tofurther detailed survey, engineering and design.

A Local Development Plan(s) will be required prior toany major subdivision and development within thePrivate Clubs and Institutions zone.

LEVEL 1, 55 ST GEORGES TCEPERTH WA 6000 AUSTRALIA

TEL +618 9346 0500FAX +618 9221 1779

[email protected]

Urbis Pty Ltd ABN 50 105 256 228Australia . Asia . Middle East

N

Copyright by Urbis Pty ltd. This drawing or parts thereof may not be reproduced for anypurpose without the consent of Urbis Pty Ltd. This drawing and design may not be copied inwhole or part without the written consent of Urbis. It is implied and has legal backing.

Base data supplied by: MNGDatum: GDA94Projection: MGA ZONE 50Positional accuracy: +/- 4m

PROJECT NO: PA0951CLIENT: HANDLE PROPERTY GROUPDATE: 26/11/15DRAWING NO: LSP-01REV: iSCALE: 1:5000@A3DRAWN: CECHECKED: KN/SLL

STRUCTURE PLANROSEHILL WATERS

0 50 100 250m

Scale 1:5,000 @ A3

LEGEND

1

2

P1/2

WC

B

C

B

C

BC

BC

WEST PARADE

JANUK TURN

ROSEHILL WATERS BOUNDARY

EXISTING SUB DIVISON

6.0M LANEWAY

40M

40M

12.0M ROAD RESERVE

5.5M ROAD WIDTHS - SURFACE TREATMENT PAVERS

KEY PLANNTS

LANEWAY • SERVICING TO COTTAGE LOTS• TREATMENT RED ASPHALT

20.0M ROAD RESERVE

COMMUNICATIONS (0.9M)GAS (1.5M)

UNDERGROUND POWER (0.3M)

WATER RETICULATION (2.1M)SEWER RETICULATION (3.1M)

SECTION A - 1:100@A3TYPICAL 12M ROAD RESERVE AND SERVICING

LOT

BOU

ND

AR

Y

LOT

BOU

ND

AR

Y

A

A

*DUE TO SERVICING AND TREE ALIGNMENT, PARKING IS LOCATED OPPOSITE COTTAGE LOTS. (12M ROAD RESERVE)

URBIS PTY LTD - PERTH LEVEL 1, 55 ST. GEORGES TCE, PERTH WA 6000

Conceptual Only:For discussion purposes only. Subject to further study, engineering input,

survey and Council approval. Areas and dimensions are approximate only.

REV A

DATE 21.03.16

JOB NO PD0959

DWG NO 001ROSEHILL WATERS

SCALE: 1:1,000 @ A3 / 1:500 @ A1

0 10 20 30 40 50INDICATIVE SEPARATION TREATMENT PLANEXPANDED PARK AVENUE INTERFACE TREATMENT

LEGEND:

1COTTAGE LOT PARKING � 1 BAY PER 4 LOTS*

2 DRY PLANTED BUFFER

3 WIDENED ROAD RESERVE CONNECTION TO POS

4 PUBLIC ACCESS WAY

520M ROAD RESERVE TO CONTAIN STREEET LIGHT SERVICING ONLY

EXISTING TREE TO BE RETAINED � WHEERE POSSIBLE

2

2

1

3

4