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City of Fremantle and City of Kwinana Meeting No. 210 7 April 2020 \ Metro South West Development Assessment Panel Minutes Meeting Date and Time: 7 April 2020; 9:30am Meeting Number: MSWJDAP/210 Meeting Venue: via electronic means This DAP meeting was conducted by electronic means open to the public rather than requiring attendance in person. Attendance DAP Members Mr Tony Arias (Presiding Member) Mr Lee O’Donohue (Deputy Presiding Member) Mr Peter Keleman (A/Specialist Member) – joined the panel at 9.44am Item 8.1 Cr Rachel Pemberton (Local Government Member, City of Fremantle) Cr Andrew Sullivan (Local Government Member, City of Fremantle) Item 8.2 Mayor Carol Adams (Local Government Member, City of Kwinana) Cr Matthew Rowse (Local Government Member, City of Kwinana) Officers in attendance Item 8.1 Ms Julia Kingsbury (City of Fremantle) Mr Tom Geddes (City of Fremantle) Item 8.2 Ms Chloe Johnston (City of Kwinana) Minute Secretary Mr Phil Goodwin (DAP Secretariat) Ms Adele McMahon (DAP Secretariat) Applicants and Submitters Item 8.1 Mr Gianni Da Rui (Meyer Shircore Architects) Mr Steve Shircore (Meyer Shircore Architects) Item 8.2 Ms Morgan Warnock (iCubed) Ms Dannie O’Brien (iCubed) Mr Tony Arias Presiding Member, Metro South West JDAP Page 1 Meeting No. 210 7 April 2020 Members of the Public / Media There were 3 members of the public in attendance. 1. Declaration of Opening The Presiding Member declared the meeting open at 9:38am on 7 April 2020 and acknowledged the traditional owners and pay respect to Elders past and present of the land on which the meeting was being held. 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. In response to the COVID-19 situation, this meeting was convened via electronic means. Members were reminded to announce their name and title prior to speaking. 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 In accordance with section 2.4.9 of the DAP Code of Conduct 2017, DAP Members, Cr Rachel Pemberton and Cr Andrew Sullivan, declared that they had participated in a prior Council meeting in relation to the application at item 8.1. However, under section 2.1.2 of the DAP Code of Conduct 2017, Cr Pemberton and Cr Sullivan acknowledged that they are not bound by any previous decision or resolution of the local government and undertakes to exercise independent judgment in relation to any DAP application before them, which will be considered on its planning merits. In accordance with section 6.2 and 6.3 of the DAP Standing Orders 2017, the Presiding Member determined that the members listed above, who have disclosed an impartiality interest, were permitted to participate in the discussion and voting on the item. Mr Tony Arias Presiding Member, Metro South West JDAP Page 2 Meeting No. 210 7 April 2020 In accordance with section 2.4.9 of the DAP Code of Conduct 2017, DAP Members, Mayor Carol Adams and Cr Matthew Rowse, declared that they had participated in a prior Council meeting in relation to the application at item 8.2. However, under section 2.1.2 of the DAP Code of Conduct 2017, Mayor Adams and Cr Rowse acknowledged that they are not bound by any previous decision or resolution of the local government and undertakes to exercise independent judgment in relation to any DAP application before them, which will be considered on its planning merits. In accordance with section 6.2 and 6.3 of the DAP Standing Orders 2017, the Presiding Member determined that the members listed above, who have disclosed an impartiality interest, were permitted to participate in the discussion and voting on the item. 7. Deputations and Presentations 7.1 The City of Kwinana officers responded to questions from the panel at Item 8.2. Item 7.1 was heard prior to the application at Item 8.2. 7.2 Mr Giana Da Rui (Meyer Shirecore Architects) responded to questions from the panel at Item 8.1. 7.3 The City of Fremantle officers responded to questions from the panel at Item 8.1 Item Items 7.2 and 7.3 were heard prior to the application at Item 8.1. PROCEDURAL MOTION Moved by: Cr Carol Adams Seconded by: Ms Lee O’Donohue That the application at Item 8.2 be heard prior to the application at Item 8.1. The Procedural Motion was put and CARRIED UNANIMOUSLY. REASON: The panel members deemed it appropriate to allow the application for Item 8.2 to be heard before the more complex Item 8.1. Mr Tony Arias Presiding Member, Metro South West JDAP Page 3 Meeting No. 210 7 April 2020 8. Form 1 – Responsible Authority Reports – DAP Applications 8.1 Property Location: 28 Cantonment Street, Fremantle 1-6/20 Elder Place, Fremantle Development Description: Partial demolition of existing Shopping Centre and commercial tenancies and construction of a six (6) Storey with basement Mixed use development containing Shop, Liquor Store, Office, Childcare Premises, Public Car Park Restaurant, Civic Use (Police Station) and Hotel uses Applicant: Meyer Shircore Architects Owner: Silverleaf Pty Ltd Responsible Authority: City of Fremantle DAP File No: DAP/19/01688 REPORT RECOMMENDATION Moved by: Cr Andrew Sullivan Seconded by: Ms Lee O’Donohue That the Metro South-West JDAP resolves to: Approve DAP Application reference DAP/19/01688 and accompanying plans dated 17 March 2020 (Site Plan (0), Basement Floor Plan (1), Ground Floor Plan (2), First Floor Plan (3), Second Floor Plan (4), Third Floor Plan (5), Hotel Fourth, Fifth and Roof Plan (6), Overshadowing Diagram (7), West and South elevations (8), North and East elevations (9), Sections A and B (10), Sections C and D (11)) in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Fremantle Local Planning Scheme No. 4, subject to the following conditions: 1. This approval relates only to the development as indicated on the approved plans dated 17 March 2020. It does not relate to any other development on this lot and must substantially commence within 4 years from the date of the decision letter. 2. This approval does not relate to any works within the road reserves, with the exception of the proposed awnings. Any such works will be the subject of a separate agreement between the applicant/owner and the City of Fremantle. 3. Prior to the issue of a Building Permit for the development hereby approved, final details of the external materials, colours and finishes of the proposed development, including a physical sample board or materials is to be submitted and approved to the satisfaction of the City of Fremantle, on the advice of the City’s Design Advisory Committee. 4. Prior to the issue of a Building Permit for the development hereby approved, final details of the design, materials and method of attachment of the curved upper floor fins to the exterior of the Hotel building is to be submitted and approved to the satisfaction of the City of Fremantle, on the advice of the City’s Design Advisory Committee. Mr Tony Arias Presiding Member, Metro South West JDAP Page 4 Meeting No. 210 7 April 2020 5. Prior to the issue of a building permit for the development hereby approved, amended plans showing the hotel lifts being contained within the curved design of the proposed building façade, are to be submitted to and approved by the City of Fremantle, on the advice of the City’s Design Advisory Committee the final details of the Hotel lift location. 6. Prior to issue of a Building Permit for the development hereby approved, No. 28 Cantonment Street (Lot 1) and 1-6/20 Elder Place are to be legally amalgamated into one lot on the Certificate of Title. Alternatively the owner may enter into a legal agreement with the City of Fremantle, drafted by the City’s solicitors at the expense of the owner and be executed by all parties concerned. The legal agreement will specify measures to allow the development approval to operate having regard to the subject site consisting of two separate lots, to the satisfaction of the City of Fremantle. 7. All storm water discharge shall be contained and disposed of on site or otherwise approved by the City of Fremantle. 8. Prior to the issue of a building permit for the development hereby approved, storm water disposal plans, details and calculations must be submitted for approval by the City of Fremantle and thereafter implemented, constructed and maintained to the satisfaction of the City of Fremantle. 9. Prior to the issue of a Building Permit for the development hereby approved, a detailed landscaping plan, including information relating to species selection, reticulation, details of existing vegetation to be retained, and treatment of landscaped surfaces (i.e. mulch, lawn, synthetic grass etc), shall be submitted to and approved by the City of Fremantle. 10. Prior to the occupation of the development hereby approved, the approved landscaping shall be completed in accordance with the approved plans or any approved modifications thereto to the satisfaction of the City of Fremantle. All landscaped areas are to be maintained on an ongoing basis for the life of the development, to the satisfaction of the City of Fremantle. 11. Prior to the issue of a building permit, an outdoor lighting plan shall be submitted to and approved by the City of Fremantle.
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