Mundijong District Structure Plan (Draft) Summary of Submissions SJ2302 – E18/6969
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OCM148.1/12/18 NEW SUMMARY OF SUBMISSIONS Development Strategy – Mundijong District Structure Plan (Draft) Summary of submissions SJ2302 – E18/6969 Officer Submitter No Submitter Comments Officer Comment Recommendation We generally support the Mundijong Concept Plan prepared by Hames 1. WA Land Sharley and the recent rezoning of land in West Mundijong to Industrial in Noted. Compensation – 49 the MRS. We understand and accept the reasons why the freight railway Pure Steel Lane, needs to be realigned. The Shire notes your Mundijong concerns and is working with Unfortunately the greater part of my client's property is proposed as part of relevant State Government the rail realignment. That part of the property, required for rail, has remained agencies to provide further zoned Rural in the MRS. It should have either been shown as Industrial as certainty towards those per Hames Sharley's plan or preferably reserved for railways. Reservation landowners directly provides owner's with compensation rights. impacted by the freight rail Leaving my client's property and others as Rural with a proposed rail realignment. realignment, creates problems for my clients and the Shire. My client's property is almost unsaleable, at a fair price, in this situation. They have no compensation rights if they wished to sell their property. Development proposals should be the State's responsibility rather than the Shire's. As the procedure to reserve land can take many years, owners of land affected by this proposal should immediately have compensation rights. In these situations the State often declares Planning Control Areas (PCA) that last for 5 years. For example the WAPC implemented PCA 126 in the Shire this year. PCAs are implemented whilst authorities accurately define the proposed works. PCAs give owners the same rights of compensation as reservations. We understand if the WAPC do not acquire but pay compensation and the proposed works are later cancelled that the same % of market value has to be repaid on sale of the property. This rarely happens. My clients request, as a matter of urgency, that the Shire seek the WAPC to declare a PCA over all of the land which is proposed as the rail realignment. My clients do not want to be in a situation where the WAPC agree to 1 Ordinary Council Meeting 17 December 2018 OCM148.1/12/18 NEW SUMMARY OF SUBMISSIONS Development Strategy – Mundijong District Structure Plan (Draft) Summary of submissions SJ2302 – E18/6969 Officer Submitter No Submitter Comments Officer Comment Recommendation purchase without a PCA in place. They want legal dispute resolutions available in case offers are unreasonable. We have also made a public comment directly onto your on line map. (Ref: E78906) It is noted that the District Structure Plans outlines that, 2. Department of • Where they don’t exist, Local Structure Plan’s (LSP’s) will be prepared Noted. Update part 1 of the Biodiversity, within the District Structure Plan (DSP) area and will be accompanied by DSP report to Conservation and an Environmental Assessment Report, Local Water Management The Shire has undertaken a reflect minimum Attractions Strategy‘s and Bushfire Hazard Assessments. review of the DSP requirements for • Management Plans to provide for the ongoing health and viability of documents and prepared a the preparation of bushforever areas, conservation corridors and multiple use corridors, will revised document based on LSP’s. be prepared at the DSP stage, and the existing information. It is • The design of LSP’s should demonstrate the preservation of as much considered appropriate for Review reference vegetation within the urban fabric as possible. further detailed assessment to the number of While the District Structure Plans describe the number of species of to be carried out at a Local Threatened Flora threatened flora (including Declared Rare Flora) that exist with the DSP Structure Plan level, which within the areas, they do not provide any information on the occurrences of will capture the information Mundijong DSP. Threatened Ecological Communities (TEC’s) listed under the stated. Commonwealth Environment Protection and Biodiversity Conservation Act Review Part 2 of 1999 (EPBC Act) or Conservation Category and Resource Enhancement the report to Wetlands that occur in the area, or provide any strategies or guidance for provide further their protection. The LSP Environmental Assessment Reports and reference to the Environmental Management Plans will need to address the management of existence and threatened species and communities, and conservation category and strategies/guidance resource enhancement wetlands. The DSP’s and Environmental for the protection of Management Plans should also address the management of the TEC’s and CCW’s boundary/interface between development areas and bush forever sites, within the DSP wetlands, populations of the threatened flora and occurrences of TEC’s, area. 2 Ordinary Council Meeting 17 December 2018 OCM148.1/12/18 NEW SUMMARY OF SUBMISSIONS Development Strategy – Mundijong District Structure Plan (Draft) Summary of submissions SJ2302 – E18/6969 Officer Submitter No Submitter Comments Officer Comment Recommendation including the provision of buffers. The Environmental Protection Authority (EPA) recommends that buffers with a minimum 50 metre width should be provided for CCW’s and REW”s that are proposed to be retained. It is recommended that detailed flora and fauna surveys consistent with Environmental Protection Authority Guidance and standards be undertaken to support the Local Structure Plans and subsequent planning proposals. It is the department expectation that the planning system will ensure that there is adequate separation for bush fire protection between future development and Bushland reserves and areas of State Forest, Bush forever sites, wetlands, and areas supporting threatened species and communities and conservation significant vegetation, and that all bush fire protection requirements are provided within the development land and do not place reliance or impositions on the management of the natural areas. The department supports having a perimeter road between residential development and POS, for reasons of public safety, protection of bushland within the POS and fire safety for residents. It is the department’s expectation that the Department of Water and Environmental Regulation and the Shire of Serpentine and Jarrahdale will ensure that the Local Water Management Strategies and Urban Water Management Plans will consider the ecological water requirements of wetlands and water dependent threatened species and communities, and will maintain the predevelopment hydrology of these sites. Mundijong District Structure Plan The Mundijong District Structure Plan (MDSP) refers to thirty five species of threatened flora occurring within the DSP area, which is the same number listed for the BDSP area. This may be an error and should be reviewed. 3 Ordinary Council Meeting 17 December 2018 OCM148.1/12/18 NEW SUMMARY OF SUBMISSIONS Development Strategy – Mundijong District Structure Plan (Draft) Summary of submissions SJ2302 – E18/6969 Officer Submitter No Submitter Comments Officer Comment Recommendation The MDSP does not provide any information on the occurrences of Threatened Ecological Communities listed under the Commonwealth EPBC Act which occur with the DSP area, the presence of Conservation Category Wetlands, or provide any strategies or guidance for their protection. Occurrences of the following TEC”s are found in the DSP area, the Critically Endangered SCP 3C – Eucalyptus calophylla – Xanthorrhoea preissii woodlands and shrublands, the Critically Endangered SCP08 Herb rich shrublands in claypans, the Endangered SCP 3a Eucalyptus calophylla – Kingia australis woodlands on heavy soils, the Vulnerable SCP 3B – Eucalyptus calophylla – Eucalyptus marginata woodland on sandy clay soils of the Southern Swan Coastal Plain, and the Banksia dominated woodlands of the Swan Coastal Plain listed as Endangered under the Environmental Protection Conservation Act 1999 (EPBC Act). There are a number of conservation category wetlands mapped on the Geomorphic Wetlands (Swan Coast Plain) dataset. My primary questions and concerns are with Figure 1 (the DSP plan) and 3. Water Corporation some details in the water and wastewater servicing sections at 3.2.5 of the Lot yields have been based Change references report. on the figures contained to ‘DIA’ to avoid within Perth and Peel @3.5, confusion with the Figure 1 largely reflects a consolidation of existing TPS zonings, proposals roughly estimating that P&[email protected]. in the Shire’s previous draft and approved strategies, as well as the urban Mundijong Whitby will expansion and investigation areas in the recently published South Metro accommodate a population Update sections Peel SRPF. It is not clear in the repot if the Shire is now proposing to of 50,000 residents, as 3.2.5.1 and 3.2.5.2 increase dwelling/lot yields in the Mundijong DSP area compared with the opposed to the 2011 as per submission. previously approved DSP. Mundijong Whitby DSP report, which forecasted two The ‘DIA’ area in the northwest corner of Figure 1 is inconsistent with the scenarios of 30,000 and SRPF and does not form part of WC planning for water, wastewater and 40,000 residents. 4 Ordinary Council Meeting 17 December 2018 OCM148.1/12/18 NEW SUMMARY OF SUBMISSIONS Development Strategy – Mundijong District Structure Plan (Draft) Summary of submissions SJ2302 – E18/6969 Officer Submitter No Submitter