'Rural' to 'Industrial' and 'Reserve - Parks & Recreation' - Multiple Lots Along Stock Road and Great Northern Highway, Bullsbrook

Ordinary Meeting of Council 15 December 2010

Cr Marino disclosed an interest affecting impartiality in Item 3.4 and left the Chamber at 5.53pm and was absent during the whole of the debate on Item 3.4 and did not speak or otherwise participate in the decision making process.

3.4 PROPOSED METROPOLITAN REGION SCHEME AMENDMENT - REZONING FROM 'RURAL' TO 'INDUSTRIAL' AND 'RESERVE - PARKS & RECREATION' - MULTIPLE LOTS ALONG STOCK ROAD AND GREAT NORTHERN HIGHWAY, BULLSBROOK

(North Ward) (Statutory Planning)

KEY ISSUES

• The City of Swan has received a request from the Western Australian Planning Commission (WAPC) for initial comment on a proposed Metropolitan Region Scheme (MRS) amendment to rezone the subject sites from ‘Rural’ to ‘Industrial’ and ‘Reserve - Parks and Recreation’.

• The land the subject of the MRS amendment is generally bounded by the Perth- Geraldton Railway to the west, Stock Road to the south, Great Northern Highway to east and the RAAF Base Pearce to the north.

• The proposed MRS amendment is considered to be generally consistent with the relevant WAPC and City of Swan strategic planning framework.

• The applicant has demonstrated that based on a preliminary investigation there are no significant environmental issues that would limit the potential of the subject area to be developed for industrial purposes.

• The applicant has demonstrated that essential services are, or are likely to be, available to facilitate the development of the subject area for industrial purposes. The applicant has not, however, demonstrated that the delivery of these essential services will be economically efficient and that they have the agreement of the service providers with regard to the staging and financing of infrastructure. It is recognised, however, that the applicant will have great difficulty in demonstrating either of these points in any detail so early in the planning process.

• The applicant has indicated that they will seek an LPS17 amendment that rezones the subject area to ‘Special Use’ in order to require the preparation and endorsement of a structure plan over the study area.

It is recommended that Council resolve to grant ‘in principle’ support for the proposed Metropolitan Region Scheme amendment to rezone the subject sites from ‘Rural’ to ‘Industrial’ and reserve a portion of the site containing the Ellen Brook and associated buffers as ‘Parks and Recreation’.

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AUTHORITY/DISCRETION

Under s.124(3) of the Planning and Development Act 2005, if a region planning scheme is amended and is inconsistent with a local planning scheme, the local government is required to initiate an amendment to the local planning scheme to ensure that this inconsistency is corrected. If the proposed amendment for the subject site is granted final approval by the Minister for Planning and is published in the Government Gazette, the City of Swan will have 90 days from the date of Gazettal to initiate an amendment to LPS17 to rezone the subject area to ensure that it is consistent with the objectives of the ‘Industrial’ zone under the MRS.

BACKGROUND

Applicant: Chappell Lambert Everett on behalf of Saracen Properties Pty. Ltd. (Directors: Maree Ann Saraceni and Luke Saraceni; Alternate Directors: Dennis William Parker and Joel James Saraceni) Owner: Multiple Land Owners – See below Zoning: TPS - General Rural MRS - Rural Strategy/Policy: Bullsbrook Townsite & Rural Strategy Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Rural Pursuit, Light Industrial and general rural activities Lot Size: Varied – Total area of approximately 471 hectares (see below)

LAND OWNERSHIP

Address Ownership Lot Size (Ha)

Lot 1 Dewar Road BULLSBROOK WA S Spark and R Spark 8.6931

Kembah Pty Ltd (Directors: 15 Butternab Road BULLSBROOK WA Emma Jane Siviour and Kym 6084 Andrew Siviour) 2.0967

2427 Great Northern Highway BULLSBROOK WA 6084 N Smith 1.7926

45 Dewar Road BULLSBROOK WA 6084 D Henderson 3.1574

41 Dewar Road BULLSBROOK WA 6084 P Green and S Walsh 16.3839

Coolsun PTY LTD and T Hall Lot 300 Almeria Parade BULLSBROOK and others (Directors: Robert WA Geoffrey Stowe) 20.2856

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Address Ownership Lot Size (Ha)

94 Warren Road BULLSBROOK WA 6084 M Tropiano and S Tropiano 16.9025

DK Salter Pty Ltd (Directors: 2299 Great Northern Highway David Francis Salter and Kylie BULLSBROOK WA 6084 Jane Salter) 9.7983

2 Warren Road BULLSBROOK WA 6084 J Felber 9.7063

35 Warren Road BULLSBROOK WA 6084 T Karmelich and J Karmelich 10.6710

Lot 188 Stock Road BULLSBROOK WA G Hawkins and J Hawkins 9.6293

Keyflash PTY LTD (Directors: 2279 Great Northern Highway Alan John Olive and Susan Ann BULLSBROOK WA 6084 Olive) 11.5856

Lot 187 Stock Road BULLSBROOK WA B Morrison 7.1108

2261 Great Northern Highway BULLSBROOK WA 6084 A Sarich 10.8132

2441 Great Northern Highway BULLSBROOK WA 6084 R Smith and N Smith 7.9510

2341 Great Northern Highway BULLSBROOK WA 6084 G Cianciosi 8.9275

Kembah Pty Ltd (Directors: 2403 Great Northern Highway Emma Jane Siviour and Kym BULLSBROOK WA 6084 Andrew Siviour) 7.0146

19 Dewar Road BULLSBROOK WA 6084 C Johnson and G Johnson 6.5773

Kembah Pty Ltd (Directors: 2411 Great Northern Highway Emma Jane Siviour and Kym BULLSBROOK WA 6084 Andrew Siviour) 1.0174

2395 Great Northern Highway BULLSBROOK WA 6084 P Watson and A Watson 0.2752

Eligrow Pty Ltd (Directors: 2455 Great Northern Highway Cecilia Bonomi and Andrew BULLSBROOK WA 6084 Bonomi) 6.2971

Lot 3 Great Northern Highway Moondyne Farms Pty Ltd BULLSBROOK WA (Directors: Francene Mary 4.1686 Begley and Patrick Michael

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Address Ownership Lot Size (Ha)

Begley)

2481 Great Northern Highway H Bellman and S Bellman and BULLSBROOK WA 6084 others 6.7279

41 Butternab Road BULLSBROOK WA 6084 J Fletcher 9.2964

63 Warren Road BULLSBROOK WA 6084 S Foggerdy and R Foggerdy 11.3363

137 Warren Road BULLSBROOK WA 6084 L Hateley and S Thomson 9.7262

131 Warren Road BULLSBROOK WA 6084 D Wilks and K Wilks 9.9179

111 Warren Road BULLSBROOK WA 6084 K Hegarty 21.2970

B Bates and T Bates and Lot 6 Stock Road BULLSBROOK WA others 21.8429

80 Warren Road BULLSBROOK WA 6084 J Koenders and J Koenders 6.0815

68 Warren Road BULLSBROOK WA 6084 R Houghton and S Houghton 10.0831

Lot 184 Stock Road BULLSBROOK WA A Pirozzi 10.4242

DETAILS OF THE PROPOSAL

The applicant is proposing an amendment to the MRS to rezone approximately 471 hectares of land immediately south of the RAAF Base Pearce from ‘Rural’ to ‘Industrial’, in addition to reserving a portion of land adjacent to and including the Ellen Brook as ‘Parks & Recreation’. The rezoning is proposed in order to facilitate the development of the subject area for industrial purposes in line with the recommendations of the relevant WAPC and City of Swan strategic framework.

DESCRIPTION OF SITE

The subject site is located to the south-west of the Bullsbrook town site, and is bordered by Great Northern Highway to the east, Stock Road to the south, the Perth-

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Geraldton freight rail line to the west and the RAAF Base Pearce to the north, as shown in Attachment I. The site is characterised by a mixture of land uses, including agricultural and rural pursuits, poultry farming, light industrial and transport/storage uses.

The site is predominantly cleared of native vegetation and incorporates a section of the Ellen Brook which runs through the centre of the subject area on a north-south axis. The site is generally flat, ranging from a height of 46m AHD in the north-east to a low of 26m AHD in the south.

The land is divided into 32 parcels of land (as outlined above) which together with road reserves make up a total area of approximately 471 hectares of land.

APPLICANT'S SUBMISSION

In support the application the following has been provided:

• “The rezoning of this land is a timely response to the recognised state wide shortage of available industrial land and will enable the development of a high quality industrial estate servicing the north eastern corridor of Perth, providing an industrial facility to service the needs of the mid-west and north-west of Western Australia”;

• “Rezoning of the subject land to Industrial is consistent with the WAPC’s strategic direction to create an industrial estate in the Bullsbrook locality as recently outlined in Directions 2031 and Beyond (2031), the Outer Metropolitan Perth and Peel Sub-Regional Strategy (2010), and the Industrial Land Strategy – Perth and Peel (2009). These strategies confirm that there is an identified shortfall in the amount of industrial zoned land available for development within the north-east metropolitan area and that the provision of a strategically located industrial estate is vital to support Western Australia’s resources sector and related service, transport and manufacturing industries”;

• “The importance of an industrial precinct in this location is not limited to supporting Western Australia’s resource sector, but it also provides a significant employment generator which will assist in meeting the State Government’s targets for employment self sufficiency in new urban areas”;

• “The strategic importance of the Bullsbrook industrial facility and suitability for industrial development is clearly evident:

− Comprehensive land assembly has resulted in unified support for industrial development in this location by the large majority of landowners;

− The industrial land is identified in a number of State strategic planning documents that have been prepared and endorsed by the WAPC over the past 7 years;

− The land is substantially unconstrained and environmental factors affecting the land, including protection of wetlands, waterways, remnant vegetation, groundwater, drainage and stormwater can be managed relatively easily through the use of conservation areas, buffers and appropriate interfaces;

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− According to the Water Corporation’s latest studies, the land is capable of being serviced with water and waste water infrastructure in the near future, with infrastructure planning for the area in its advanced stages;

− The land is strategically located in the rapidly growing north-east corridor, in close proximity to major freight and transport networks including the Perth-Geraldton rail line, Great Northern Highway, and the future Perth- Darwin National Highway;

− The land is suitably located in proximity to an existing employment catchment, and is of sufficient size to serve as an employment node/activity centre for future urban growth in the area; and

− The industrial land uses are compatible with existing adjoining land uses, given the rural land uses to the south and west, and the RAAF airbase in the north.”

• “To demonstrate in broad terms how the industrial development of this land can respond to the strategic planning and policy context, as well as the attributes of the site, a concept plan has been prepared (included as Attachment III). This plan… demonstrates the broad principles and proposed development that will be finalised in the detailed structure planning and subdivision stages to follow this amendment.

• “The key elements of the concept plan are:

− Provision of a robust urban design that allows for maximum flexibility, and recognises the evolution of industrial areas over time;

− Recognition of two distinct development precincts and the variation in the timing for delivery, and the types of land uses of the two precincts;

− Recognition of environmental features, and providing appropriate buffers and interface between these features and industrial land;

− Utilisation of existing transport networks in the short term, with provision for access to the future Perth-Darwin national highway and Perth-Geraldton freight rail line;

− Retention of large lot sizes to allow for significant and strategic industrial land uses of regional importance;

− Large floor plate bulky goods commercial uses that rely on the exposure to passing traffic, and are inherently attracted to such precincts, are contained and suitably located adjoining the Great Northern Highway to avoid these uses encroaching on strategically significant industrial sites;

− Utilisation of existing cadastral and road alignments to ensure minimum complexity when apportioning infrastructure costs; and

− A clear, permeable and interconnected road layout providing easy access and circulation to the two stages of the industrial facility.”

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PUBLIC CONSULTATION

The proposed amendment to the MRS has not yet been initiated by the WAPC and as such has not undergone any formal public advertising at this time. If the amendment is to be initiated then the WAPC will be required to undertake public advertising for a period of no less than 3 months under s.43(3)(f) of the Planning and Development Act 2005.

It is understood that the applicant has undertaken consultation with the affected landowners during the drafting of the proposed MRS amendment. It is understood that this included a letter informing all landowners of the proposed rezoning, and an information forum conducted in October 2010.

City officers have been contacted by two of the affected landowners who have expressed their concerns with the proposed rezoning, particularly with respect to its impact on their current rural residential land use. City officers have assured these landowners that the proposed amendment is only in its infancy, and any further progression of the amendment will offer all members of the public the opportunity to comment and provide feedback/input.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

It is understood that the Department of Planning has requested initial comments from a range of State government agencies, including the Department of Water, Department of Environment & Conservation and the Swan River Trust, in addition to relevant servicing agencies such as the Water Corporation and Western Power.

If the WAPC resolves to initiate the proposed MRS amendment it must also be referred to the Environmental Protection Authority for their consideration prior to advertising under s.38 of the Planning and Development Act 2005.

REPORT

The recent publication of the draft Outer Metropolitan Perth and Peel Sub Regional Strategy (OMPPSRS) provided a series of performance indicators that are to be used in the determining of the suitability of areas for future urban development. Whilst these indicators are not directly applicable to this proposed MRS amendment, City officers consider that they are very useful as broad assessment criteria for such amendments. The indicators are outlined on page 36 of the OMPPSRS and are described as follows:

1. The proposal demonstrates compliance with the WAPC’s planning framework, including any relevant policies and endorsed strategies.

2. The proposed area represents logical expansion of the urban area and does not result in land use conflict.

3. The land is capable of being provided with essential services and that the expansion of the servicing infrastructure is logical and economically efficient and has the agreement of the service providers with regard to the staging and financing of the infrastructure.

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4. The development of the area will not have significant impacts on the environment and natural resources, which cannot be appropriately managed.

5. The proposal is able to integrate and provide for regional needs; for example movement networks such as road, rail and public transport, and regional social infrastructure such as hospitals and tertiary institutions.

6. The proposed area satisfactorily demonstrates through an employment strategy where the resulting community’s employment will be located and the degree of self-sufficiency that could be achieved.

Each of these criteria points is outlined and discussed below.

Key Indicators for Consideration

The results of an assessment of the Saracen amendment proposal for the subject area are outlined as follows:

1. ‘The proposal demonstrates compliance with the WAPC’s planning framework, including any relevant policies and endorsed strategies.’

City officers consider that the proposed MRS amendment is generally consistent with the existing strategic policy context for Bullsbrook and the surrounding area. The primary strategic documents currently in place for this area include Directions 2031 and Beyond (WAPC 2010), the Outer Metropolitan Perth and Peel Sub Regional Strategy (WAPC 2010), the draft Industrial Land Strategy (WAPC 2009) and the Bullsbrook Townsite & Rural Strategy (2008), each of which are discussed below:

a) Directions 2031 and Beyond (2010) Directions 2031 was endorsed by the WAPC in August 2010 as the key strategic growth plan for the Perth and Peel region, and has now superseded the previous growth strategies of Network City and Metroplan. The Strategy identifies the entire subject area as a ‘Priority Industrial Area’, with the recommendation that further investigation be undertaken to determine whether the site is suitable for industrial development prior to rezoning and development.

City officers consider that an MRS amendment is a logical first step in the landowners investigating and facilitating the development of the site for industrial purposes, in line with the recommendations of Directions 2031.

b) Outer Metropolitan Perth and Peel – Sub Regional Strategy (2010) The draft Outer Metropolitan Perth and Peel Sub-Regional Strategy (OMSRS) was published by the WAPC in August 2010 for public comment. This Strategy identifies Bullsbrook as having significant urban growth potential, with an estimated 4100 additional dwellings to be planned for by 2015. In addition, the Strategy reiterates the identification of the subject area as a ‘priority industrial site’ that will ‘potentially provide a catalyst for employment generation’ (p.67). City officers consider that an MRS amendment is a logical first step in the landowners investigating and facilitating the development of the subject

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site for industrial purposes, in line with the recommendations of the OMSRS. c) Draft Industrial Land Strategy – Perth and Peel (2009) The draft Industrial Land Strategy was published by the WAPC in November 2009 for public comment. This draft Strategy identifies the subject area as a ‘priority industrial site’, with a recommendation that the site be investigated for potential development with a ‘mix of both light and general industry’ (p.37). City officers consider that an MRS amendment is a logical first step in the landowners investigating and facilitating the development of the site for industrial purposes, in line with the recommendations of the draft Industrial Land Strategy.

d) Bullsbrook Townsite & Rural Strategy (2008) The Bullsbrook Townsite & Rural Strategy (BTRS) was endorsed by Council in September 2008 and is currently being considered by the Western Australian Planning Commission. This BTRS identifies the subject area as within the ‘Bullsbrook Townsite’ precinct, for which it is recommended that the City undertake a district level structure plan in order to determine future urban development potential. The proposed district structure plan is yet to be initiated by the City of Swan, as the Bullsbrook Townsite & Rural Strategy has not yet been considered or endorsed by the WAPC.

It is noted that the concept plan for the ‘Bullsbrook Townsite’ (Attachment IV) identifies the eastern side of the subject area as ‘Commercial Industry’ which is described as:

‘An area that can provide opportunities for mixed commercial and light industrial activities. This is intended to assist in supplying industrial land for the north east corridor, and provide employment opportunities for the local Bullsbrook and Upper Swan community, as well as surrounding areas of Ellenbrook and Muchea.’ (p. 119).

Whilst City officers consider that ideally the future development of the Bullsbrook town site should be co-ordinated through a district level structure plan, it is recognised that the subject area has development potential in the short term that should not be restricted by delays in the endorsement of strategic documentation. It is also recognised that the end result of a district level structure plan would likely identify the subject area as suitable for industrial development in any event, in order to alleviate development pressure and generate a local employment base.

As a result, City officers consider the proposed MRS amendment to be generally consistent with the Bullsbrook Townsite & Rural Strategy.

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2. ‘The proposed area represents logical expansion of the urban area and does not result in land use conflict.’

City officers consider the future development of the subject area for industrial purposes as a logical expansion of the urban area of Bullsbrook. This location is highly accessible by both road and rail, based on the proximity to the Great Northern Highway, Perth-Geraldton Rail Line and the future Perth Darwin National Highway. The area is ideally suited to non-sensitive development due to its close proximity to the RAAF Base Pearce and the aircraft noise constraints associated with flight movements from the Base.

The development of the area for industrial purposes is also considered to be complementary to future residential development proposed for the Bullsbrook townsite area in both the Outer Metropolitan Sub Regional Strategy and the Bullsbrook Townsite & Rural Strategy. The industrial development would generate a significant local employment base in addition to providing opportunities for expansion of existing industrial and commercial activities within the Bullsbrook town centre.

3. ‘The land is capable of being provided with essential services and that the expansion of the servicing infrastructure is logical and economically efficient and has the agreement of the service providers with regard to the staging and financing of the infrastructure.’

The applicant has engaged JDSi Engineering to undertake a servicing strategy that outlines the opportunities and constraints to servicing the subject area to an industrial standard. This information is summarised and discussed as follows:

a) Roads and Traffic

The applicant has indicated that the proposed development of the subject site will require upgrades to major arterial roads and intersections to a standard capable of accommodating heavy vehicle traffic generated by industrial development. This will include Stock Road, which is proposed to be identified as an ‘Other Regional Road’, and Great Northern Highway where it intersects with the proposed development.

In addition the applicant proposes that all internal roads within the subject area will be upgraded or constructed based on the staging of development.

The applicant has proposed that access will be managed via a detailed access strategy to be undertaken as part of the structure planning stages. It is unclear at this stage whether any of the road infrastructure or upgrades will form part of cost-sharing arrangements between land owners.

b) Waste water

The applicants studies into waste water infrastructure within the locality indicate that the existing Bullsbrook Wastewater Treatment Plant is at capacity and cannot facilitate further urban or industrial development. The Water Corporation has indicated that they are undertaking a study of options to expand the capacity of wastewater treatment in the Bullsbrook locality, and this study is to be completed in June 2011. The study aims to

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determine the best location for a new Waste Water Treatment Plant to cater for future urban and industrial development.

In addition to the above study, the Water Corporation is also investigating options for wastewater delivery. This study will determine the locations of all waste water pump stations and pressure mains within the catchment areas. The applicant anticipates that this study will be completed shortly after the study for wastewater treatment.

It is not considered that the applicant will have any detailed understanding of the available capacity or wastewater infrastructure required to facilitate the development until after the finalisation of the proposed Metropolitan Region Scheme amendment, and possibly after the finalisation of further local planning scheme amendments.

c) Water supply

The applicant’s studies into water supply indicate that the Water Corporation has advised that additional water services in the Bullsbrook area will need to be facilitated via a new water main which will require construction along Great Northern Highway from the existing Copley Road, Upper Swan supply tank. This supply main would feed into a new water supply tank located within the proposed Bullsbrook town site expansion area. This solution is proposed to supply approximately 3,000 residential and commercial/industrial lots within the Bullsbrook area.

The applicant has indicated that a developer may need to prefund the extension of some components of the distribution head works.

It is not considered that the applicant will have any detailed understanding of the proposed funding arrangements for water supply infrastructure until after the finalisation of the proposed Metropolitan Region Scheme amendment, and possibly after the finalisation of further Local Planning Scheme amendments.

d) Electricity/Gas

The applicant has engaged Jenkins Clifford Consulting Engineers to undertake an assessment of the electricity network and likely power supply scenarios for the proposed development. This analysis has been undertaken based on a staging plan for the development that has not been included within the MRS proposal.

The applicant has indicated that the existing 22kV feeder that runs along Great Northern Highway has spare capacity that may be sufficient to service ‘Stage 1’ with a total of 42 lots. Western Power has advised that the connection to the 22kV feeder is estimated at $50,000.

‘Stage 2’ and part of ‘Stage 3’ may be served by spare capacity available from a second 22kV feeder that currently ends at the intersection of Great Northern Highway and Chittering Road. Western Power has advised that the cost of extending this 22kV feeder to the development site is estimated at $700,000.

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The remaining development stages will require approximately five new 400HV feeder cables that would be brought either from the existing Muchea Zone substation or a new substation site located somewhere in the Bullsbrook Townsite Precinct (South) development. It is understood that the developer would only be required to pay for the five 400HV feeder cables and related headworks costs between the zone substation and the development site, as Wester Power would fund the cost of the zone substation itself.

The MRS amendment report indicates that the landowners have consulted with WestNet infrastructure Group and WA Gas Networks concerning the provision of liquefied natural gas to the site. WestNet Infrastructure Group has indicated that LNG is in close proximity via the Parmelia and Dampier pipelines and can be made available to the study area as required.

The applicant has not provided any commitment to provide natural gas to the site nor any indication of the estimated costs involved in connecting to the Parmelia and Dampier pipelines.

Analysis of Servicing Infrastructure Availability

It is clear from the above information that the subject land is, or is likely to be, capable of being serviced by essential infrastructure in the future. It is unclear, however, whether any of the above essential infrastructure will be ‘economically efficient’ and whether it ‘has the agreement of the service providers with regard to the staging and financing of infrastructure’.

Whilst City officers recognise that there are significant difficulties for the applicant in demonstrating either of these two points in any detail so early in the application process, City officers do have concern in rezoning the subject area prior to confirming that infrastructure constraints will not limit development potential.

It is anticipated that the Department of Planning has requested the advice of the relevant servicing agencies and will confirm that the subject area can be provided with essential infrastructure that will ensure industrial development can occur to an urban standard.

4. ‘The development of the area will not have significant impacts on the environment and natural resources, which cannot be appropriately managed.’

The applicant has engaged environmental consultants to undertake a review of the environmental attributes of the study area, each of which are outlined and discussed as follows:

a) Vegetation, Flora and Fauna Assessment:

The applicant’s study has indicated that the site has been generally cleared of native vegetation for the purposes of grazing and agriculture, and all remaining vegetation has been rated as ‘Degraded’ to ‘Completely Degraded’. The majority of the remaining vegetation is located adjacent to waterways and this is proposed to be retained as part of the proposed reservations of both the Ellen Brook and the Nambad Brook.

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A Level 1 Autumn Flora and Vegetation Survey was completed for the study area and found that there were no Declared Rare Flora or Priority Flora species identified.

A Level 1 Fauna survey was also conducted, and no vertebrate fauna of conservation significance were identified as utilising the study area during the fauna survey.

b) Wetlands and Waterways

The applicant is proposing that the portion of the subject site that comprises of the Ellen Brook and associated flood fringe and development setback is to be reserved as ‘Parks and Recreation’ under the MRS. The reservation is proposed on the basis that the Ellen Brook is of high environmental significance both as a ‘Bush Forever’ site and as a tributary to the Swan River.

City staff are generally in support of the proposed reservation, as given the significance of the Ellen Brook it is not considered appropriate for the area to be managed by private landowners as part of an industrial development or by the City of Swan as a ‘Local Reserve’. The exact alignment of the proposed reservation should be determined based on advice from the Department of Environment & Conservation with regard to the flood fringe and appropriate buffer zone requirements to ensure ecological sustainability of the Ellen Brook.

The applicant is also proposing that the Nambad Brook will be conserved via a ‘Local Reserve’ under a future structure plan, as although the creek line is not significant at a regional level, it does contain a Conservation Category Wetland that will warrant protection.

City officers are generally in support of including the Nambad Brook as a ‘Local Reserve’ via the structure planning provisions of Local Planning Scheme 17, although it is noted that Nambad Brook is a major tributary to the Ellen Brook and is significant in terms of the overall impact on the Ellen Brook. The actual alignment of any local reserve will be dependent upon the advice of the Department of Environment & Conservation with regard to appropriate buffer areas that should be included within the reservation.

c) Site Contamination

A site contamination risk assessment was completed to identify if any current or previous land uses may have resulted in site contamination, including a review of the DEC Contaminated Sites Database.

The risk assessment revealed that the subject area has been historically used for low intensity agricultural land uses, with some minor risk of chemical contamination associated with farm chemicals and vehicle maintenance. More recent intensive agricultural land uses and commercial/light industrial activities present a slightly greater risk of site contamination.

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The applicant maintains that there is no indication of land uses that may have resulted in site contamination that is likely to make any of the subject area unsuitable for industrial development.

d) Acid Sulphate Soils

The applicant has undertaken a preliminary Acid Sulphate Soils (ASS) Assessment over the study area, which indicated that Potential Acid Sulphate Soils (PASS) are present within the western portion of the site. The applicant considers that these soils will be manageable in accordance with the relevant DEC guidelines at the time of future development works.

e) Aboriginal Heritage

The applicant has undertaken a desktop assessment of Aboriginal Heritage information which identified a number of sites occurring within or adjacent to the subject area, including sites associated with the Ellen Brook and the Ki-it Monger Brook. Further investigations of the locations of any Aboriginal heritage sites are to be undertaken at future planning stages.

City officers consider that the environmental assessment submitted by the applicant is generally sufficient to meet the requirements of a MRS amendment, as it is noted that further detailed environmental assessments will be completed as part of a future structure plan prior to development. It is additionally noted that if the WAPC resolve to initiate the MRS amendment, the proposal will be referred to the Environmental Protection Authority prior to advertising, and will be referred to the Department of Environment and Conservation and the Department of Indigenous Affairs during advertising.

In addition to the above, City officers understand that there is a risk of Unexploded Ordnance (UXO) within the explosive ordnance safety zones adjacent to the southern and south-eastern boundaries of the RAAF Base Pearce. Whilst this is not likely to be an impediment to the proposed MRS amendment, it is strongly recommended that the Department of Planning liaise with the Department of Defence to determine the extent of investigation and mitigation measures required.

5. ‘The proposal is able to integrate and provide for regional needs; for example movement networks such as road, rail and public transport, and regional social infrastructure such as hospitals and tertiary institutions.’

The City considers that the proposed industrial area will contribute towards alleviating the region demand for industrial land as described in the draft Industrial Land Strategy.

The development of the subject area will also contribute to upgrade of Great Northern Highway and the extension of Stock Road (including a bridge crossing the Ellen Brook) to ensure that heavy vehicle movements within this area are both safe and efficient. These upgrades are considered to be of vital importance to the growth of the region, particularly with respect to increased heavy vehicle movements on Great Northern Highway and the proposed residential growth within the Bullsbrook town site area.

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6. ‘The proposed area satisfactorily demonstrates through an employment strategy where the resulting community’s employment will be located and the degree of self-sufficiency that could be achieved.’

The development of the subject area for industrial purposes is likely to generate significant local employment that will contribute to the employment self sufficiency of the Bullsbrook area. This is particularly important given the potential population growth within the Bullsbrook town site area, as outlined in the OMPPSRS and the Bullsbrook Townsite & Rural Strategy.

It is noted, however, that the development of the subject area for non-serviced industrial land may limit the potential generation of employment due to the nature of ‘dry industrial’ uses (e.g. Transport Depot’s) and the low intensity of development.

Statutory Process

City of Swan officers understand, however, that the applicant intends to lodge a request for an amendment to LPS17 prior to the Gazettal of the proposed MRS amendment in order to reduce the time lag between the finalisation of both amendments. The applicant has indicated that they will seek an LPS17 amendment that rezones the subject area to ‘Special Use’ in order to require the preparation and endorsement of a structure plan over the study area and allow the incorporation of environmental reporting requirements into the scheme text, as demonstrated in the following table:

Table 1: Reporting Requirements which are proposed to be included as scheme text under the ‘Special Use’ zone.

MRS/LPS Amendment Structure Plan Subdivision

Environment Environmental • ASS Implementation Assessment Report Management of environmental including: Plan management • Autumn flora and • Wetland and plans (condition veg survey Waterway of approval) • Fauna Assessment Management Plan • Wetland Assessment • Aboriginal • Desktop Heritage Contamination Risk Management Assessment Plan (if required) • Preliminary ASS assessment

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MRS/LPS Amendment Structure Plan Subdivision

• Desktop Aboriginal Heritage Assessment

Water District Water Local Water Urban Water Management Management Strategy Management Management Strategy Plan (condition of approval)

Traffic Strategic Traffic and Traffic Report Detailed design Transport Analysis (including traffic of road/traffic impact assessment, upgrades modelling, road (condition of upgrades, etc.) approval)

Servicing Servicing Strategy Servicing Report Detailed Design

Whilst City officers do not object to the proposed ‘Special Use’ zoning or the inclusion of environmental reporting requirements, there are concerns with regard to the level of essential infrastructure required and associated cost to service the area to an ‘urban’ industrial standard. Whilst the applicants servicing strategy indicates that all essential services may be made available to the site in the future, if these services are not substantially funded by the State government there is the risk that their provision may not be cost effective for the developer based on the market return for industrial land within the locality.

In the event that serviced industrial land is not considered to be cost effective during structure planning, the applicant may wish to modify their proposal and develop the subject lots for ‘dry industry’ purposes that do not necessarily require reticulated wastewater services (e.g. transportation and logistics activities). Such a situation would be very similar to that currently experienced in the Hazelmere Industrial area, where decades of ‘dry’ industrial development has resulted in little opportunity for redevelopment due to the exorbitant cost of retrofitting reticulated wastewater infrastructure.

Such a proposal may limit the future versatility of the proposed Bullsbrook industrial area, as development of dry industry and an increased number of landowners would make it difficult to retrofit services in order to increase the intensity of industrial development in the future. A proposal for ‘dry industry’ in this locality is also likely to impact on the viability of adjacent residential development within the Bullsbrook townsite, as transport and logistical activities are unlikely to generate a high level of local employment.

This matter will be worthy of consideration in the assessment of any proposed amendments to LPS17, as this may be the ideal opportunity to ensure that the scheme provisions encourage development of the area for fully serviced industrial purposes.

Potential Cadastral Boundary Error

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It is additionally noted that the applicant’s documentation indicates cadastral boundaries that are inconsistent with the City of Swan’s records. The inconsistency relates specifically to Lot 202 (94) Warren Road, Lot 204 (45) Dewar Road and the Lot 203 Butternab Road (RAAF Base Pearce). It is recommended that the Department of Planning confirms the correct cadastral boundaries for the lots that are proposed to be rezoned prior to any progression of the MRS amendment.

It is also noted that the applicants MRS amendment map (Attachment II) incorrectly identifies ‘Stock Road’ as ‘Wanneroo Road’, which should be corrected prior to formal initiation or advertising.

OPTIONS AND IMPLICATIONS

Option 1: Council could resolve to grant ‘in principle’ support for the proposed amendment to the Metropolitan Region Scheme to rezone the subject lots from ‘Rural’ to ‘Industrial’ and the proposed reservation of the Ellen Brook and surrounding land to ‘Reserve – Parks and Recreation’ subject to the advice of the Department of Environment and Conservation with regard to the reservation alignment, and notify the Western Australian Planning Commission of this decision.

Implications: The WAPC will consider the City’s request and make a decision on the initiation of the proposed Metropolitan Region Scheme amendment.

Option 2: Council could resolve not to support the proposed amendment to the Metropolitan Region Scheme to rezone the subject lots from ‘Rural’ to ‘Industrial’ and the proposed reservation of the Ellen Brook and surrounding land to ‘Reserve – Parks and Recreation’, and notify the Western Australian Planning Commission of this decision.

Implications: The WAPC will consider the City’s request and make a decision on the initiation of the proposed Metropolitan Region Scheme amendment.

CONCLUSION

It is considered that the proposed MRS amendment is generally consistent with the relevant strategic framework and should be supported ‘in principle’ by the City of Swan. It is noted, however, that the applicant has not provided sufficient detail to demonstrate that essential infrastructure will be provided in a cost-effective and timely manner to ensure that the development of the subject site achieves its full potential. It is recommended that the Department of Planning liaise with the relevant servicing agencies prior to proceeding with the proposed MRS amendment, and ensure that future State government agency capital works budgets are aligned with the strategic planning outlined in the draft Industrial Land Strategy and the Outer Metropolitan Perth and Peel Sub-Regional Strategy.

ATTACHMENTS

• Location Plan

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• Current and proposed MRS zones

• Proposed development plan

• Bullsbrook Townsite & Rural Strategy – Bullsbrook Townsite Concept Plan

STRATEGIC IMPLICATIONS

The proposed amendment to the Metropolitan Region Scheme is considered to be consistent with the WAPC endorsed Directions 2031 and Beyond, the Outer Metropolitan Perth and Peel Sub-Regional Strategy and the draft Industrial Land Strategy that were published by the Western Australian Planning Commission

The proposed amendment is also considered to be generally consistent with the recommendations of the Bullsbrook Townsite & Rural Strategy, which represents the City of Swan’s primary strategic plan for the Bullsbrook locality.

STATUTORY ENVIRONMENT

Under s.124(3) of the Planning and Development Act 2005, if a region planning scheme is amended and is inconsistent with a local planning scheme, the local government is required to initiate an amendment to the local planning scheme to ensure that this inconsistency is corrected. If the proposed amendment for the subject site is granted final approval by the Minister for Planning and is published in the Government Gazette, the City of Swan will have 90 days from the date of Gazettal to initiate an amendment to Local Planning Scheme No. 17 to rezone the subject area to ensure that it is consistent with the objectives of the ‘Industry’ zone under the Metropolitan Region Scheme.

FINANCIAL IMPLICATIONS

Nil

RECOMMENDATION

That the Council resolve to notify the Western Australian Planning Commission that the City of Swan:

1) Grants ‘in principle’ support for the proposed amendment to the Metropolitan Region Scheme to rezone the subject lots from ‘Rural’ to ‘Industrial’ and the proposed reservation of the Ellen Brook and surrounding land to ‘Reserve – Parks and Recreation’ subject to the advice of the Department of Environment and Conservation with regard to the reservation alignment;

2) Generally supports the proposal for a consequential amendment to Local Planning Scheme No. 17 that results in the subject lots being zoned ‘Special

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Use’ with a requirement for a structure plan to be endorsed under Part 5A of Local Planning Scheme No. 17 prior to any further subdivision or development;

3) Generally supports the proposal for a consequential amendment to Local Planning Scheme No. 17 that results in the subject area being included within a Development Contribution Area under Part 5A.2 of Local Planning Scheme No. 17;

4) Notes that the applicant has not provided sufficient information to demonstrate that essential infrastructure is ‘economically efficient’ or that they ‘have the agreement of the service providers with regard to the staging and financing of the infrastructure’, and recommends that this matter be further considered by the Department of Planning in the context of the recommendations of the draft Industrial Land Strategy and the draft Outer Metropolitan Perth and Peel Sub- Regional Strategy;

5) Notes that there is a risk of Unexploded Ordnance (UXO) within the explosive ordnance safety zones adjacent to the southern and south-eastern boundaries of the RAAF Base Pearce. Whilst this is not likely to be an impediment to the proposed Metropolitan Region Scheme amendment, it is strongly recommended that the Department of Planning liaise with the Department of Defence to determine the extent of investigation and mitigation measures required prior to the progression of the amendment; and

6) Notes that the applicant’s documentation indicates cadastral boundaries and road names that are inconsistent with the City of Swan’s records. The inconsistency relates specifically to Lot 202 (94) Warren Road, Lot 204 (45) Dewar Road and the Lot 203 Butternab Road (RAAF Base Pearce), in addition to the incorrect identification of ‘Stock Road’ as ‘Wanneroo Road’. It is recommended that the Department of Planning confirms the correct cadastral boundaries for the lots that are proposed to be rezoned and revises the identification of Stock Road prior to any progression of the MRS amendment.

MOTION that the Recommendation be adopted.

(Cr Holmes - Cr Färdig)

RESOLVED UNANIMOUSLY TO:

2) Generally supports the proposal for a consequential amendment to Local Planning Scheme No. 17 that results in the subject lots being zoned ‘Special Use’ with a requirement for a structure plan to be endorsed under Part 5A of Local Planning Scheme No. 17 prior to any further subdivision or development;

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Cr Marino returned to the Chamber at 5.54pm.

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