Metro South-West Joint Development Assessment Panel Minutes

Meeting No.184 30 May 2019

Meeting Date and Time: 30 May 2019, 10:00am Meeting Number: MSWJDAP/184 Meeting Venue: City of Cockburn 9 Coleville Crescent Spearwood

Attendance

DAP Members

Mr Tony Arias (Presiding Member) Ms Lee O'Donohue (Deputy Presiding Member) Mr Andrew Macliver (Specialist Member) Cr Chamonix Terblanche (Local Government Member, City of Cockburn) Cr Carol Reeve-Fowkes (Local Government Member, City of Cockburn)

Officers in attendance

Mr Daniel Arndt (City of Cockburn) Mr Patrick Andrade (City of Cockburn) Mr Andrew Lefort (City of Cockburn) Mr John McDonald (City of Cockburn) Mr Dragan Koncar (City of Cockburn)

Minute Secretary

Ms Lynette Jakovcevic (City of Cockburn)

Applicants and Submitters

Mr Terry Posma (Winston Holdings Pty Ltd) Mr Jeremy Hofland (Rowe Group Pty Ltd) Mr Behnam Bordbar (Transcore Pty Ltd) Ms Maryanne Thornely (Main Roads Western Australia) – via teleconference Mr Zeljko Zagorac (Main Roads Western Australia) – via teleconference

Members of the Public / Media

Nil

1. Declaration of Opening

The Presiding Member declared the meeting open at 10.03am on 30 May 2019 and acknowledged the past and present traditional owners and custodians of the land on which the meeting was being held.

Mr Tony Arias Presiding Member, Metro South-West JDAP Page 1

Meeting No.184 30 May 2019

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 the meeting is being audio recorded 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 Presiding Member granted permission for the minute taker to record proceedings for the purpose of the minutes only.

2. Apologies

Nil

3. Members on Leave of Absence

Nil

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

Nil

7. Deputations and Presentations

7.1 Mr Jeremy Hofland (Rowe Group Pty Ltd) addressed the DAP in support of the application at Item 9.1 and responded to questions from the panel.

7.2 Mr Behnam Bordbar (Transcore Pty Ltd) addressed the DAP in support of the application at Item 9.1 and responded to questions from the panel.

PROCEDURAL MOTION

Moved by: Mr Andrew Macliver Seconded by: Cr Chamonix Terblanche

That the Metro South-West JDAP review legal advice received from representatives of the Department of Planning, Lands and Heritage and that such advice is received behind closed doors, in accordance with section 5.10.2g of the DAP Standing Orders 2017.

The Procedural Motion was put and CARRIED UNANIMOUSLY.

The meeting was closed to the public at 10:40 am. The meeting was opened to the public at 10:57 am.

Mr Tony Arias Presiding Member, Metro South-West JDAP Page 2

Meeting No.184 30 May 2019

8. Form 1 – Responsible Authority Reports – DAP Application

Nil

9. Form 2 – Responsible Authority Reports – Amending or cancelling DAP development approval

9.1 Property Location: 2 Garston Way, North Coogee Development Description: Mixed Use Development (Fast Food Outlet, Showrooms, Shops & Service Station) Proposed Amendments: Amend Condition 18 & Time Extension of Approval Validity Applicant: Rowe Group Owner: Winston Holdings Pty Ltd Responsible Authority: City of Cockburn DAP File No: DAP/18/01417

REPORT RECOMMENDATION

Moved by: Nil Seconded by: Nil

That the Metro South-West JDAP resolves to:

1. Accept that the DAP Application reference DAP/18/01417 as detailed on the DAP Form 2 dated 14 March 2019 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DAP/18/01417 as detailed on the DAP Form 2 date 14 March 2019 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 City of Cockburn Town Planning Scheme No. 3, for the proposed minor amendment to the approved Mixed Use Development at 2 Garston Way NORTH COOGEE WA 6163, subject to:

Amended Conditions

18. Prior to the issue of a Building Permit, the owners of Lot 69 (2) Garston Way, North Coogee shall enter into a legal agreement with the City to fund the design and construction of a right-turn declaration lane for Rollinson Road on Cockburn Road and any subsequent modification to the Bellion Drive/Cockburn Road intersection, to the satisfaction of the City.

New Condition

23. This decision constitutes planning approval only and is valid for a period of four (4) years from the date of approval. If the subject development is not substantially commenced within the four (4) year period, the approval shall lapse and be of no further effect.

Mr Tony Arias Presiding Member, Metro South-West JDAP Page 3

Meeting No.184 30 May 2019

Amended Advice Notes

17. If the development, the subject of this approval, is not substantially commenced within a period of four (4) years, the approval shall lapse and be of no further effect.

All other conditions and requirements detailed on the previous approval dated 05 December 2018 shall remain unless altered by this application.

The Report Recommendation LAPSED for want of a mover and a seconder.

ALTERNATE MOTION

Moved by: Ms Lee O’Donohue Seconded by: Mr Andrew Macliver

That the Metro South-West JDAP resolves to:

Amended Conditions

18. Prior to the issue of a Building Permit, the owners of Lot 69 (2) Garston Way North Coogee (owner) shall enter into a legal agreement with the City of Cockburn for a proportional cost contribution to the upgrade of the intersection of Cockburn Road and Rollinson Road to facilitate a right-turn deceleration lane for Rollinson Road and Cockburn Road and any subsequent modifications to the intersection of Bellion Drive and Cockburn Road to the satisfaction of the City. The proportional contribution shall be based on the proportion of additional traffic generated by the proposed development compared to the existing amount of traffic and shall be agreed to by the owner and the City. The funds shall be held in a municipal trust fund for a maximum period of ten (10) years, unless a cost contribution arrangement for the intersection upgrading works is finalised within that time. In the event that the works have not been completed within ten (10) years of payment being made and no such contribution arrangement being in place, the funds are to be returned to the owner.

New Condition

Mr Tony Arias Presiding Member, Metro South-West JDAP Page 4

Meeting No.184 30 May 2019

Amended Advice Note

17. If the development the subject of this approval is not substantially commenced within a period of four (4) years, the approval shall lapse and be of no further effect.

All other conditions and requirements detailed on the previous approval dated 05 December 2018 shall remain unless altered by this application.

The Alternate Motion was put and CARRIED UNANIMOUSLY.

REASON:

The JDAP considers it reasonable to provide a timeframe for completion of the works specified in the condition and a mechanism for return of funds in the event that the works are not implemented within the nominated timeframe. Accordingly, the change to condition 18 requested by the applicant which specifies this timeframe is supported.

The JDAP considers that reference to the contribution being cognisant Main Roads’ intentions to upgrade the intersection based on increased traffic movement on the subject roads and other factors independent of the proposed development is ambiguous and irrelevant. Accordingly, the change to condition 18 requested by the applicant in this regard is not supported.

The modified condition 18 in the RAR is not supported by the JDAP as it would be inconsistent with the nature of the cost contribution condition imposed by the JDAP on 5 December 2018 and is not within the ambit of the JDAP’s powers under regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011.

New Condition 23 and the amended Advice Note 17 were supported in accordance with the RAR.

10. Appeals to the State Administrative Tribunal

The Presiding Member noted the following State Administrative Tribunal Applications -

Current Applications LG Name Property Location Application Description City of Lot 1 (193) South Terrace, Mixed Use Development Fremantle South Fremantle City of Lot 301 (2-6) Council Avenue, Proposed health studio, Rockingham Rockingham restaurant, showrooms and convenience store

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 11:04am.

Mr Tony Arias Presiding Member, Metro South-West JDAP Page 5