Meeting No.No.171 11 September 2018

Minutes of the Metro East Joint Development Assessment Panel

Meeting Date and Time: 11 September 2018, 10.00am Meeting Number: MEJDALP/171 Meeting Venue: Shire of Serpentine Jarrahdale 6 Paterson Street Mundijong

Attendance

DAP Members

Mr Ian Birch (Presiding Member) Ms Kym Petani (Deputy Presiding Member) Mr Peter McNab (Specialist Member) Cr Michelle Rich (Local Government Member, Shire of Serpentine Jarrahdale) Cr Keira McConkey (Local Government Member, Shire of Serpentine Jarrahdale)

Officers in attendance

Ms Heather Coles-Bayes (Shire of Serpentine Jarrahdale) Mr Ashwin Nair (Shire of Serpentine Jarrahdale) Mr Carl Done (Shire of Serpentine Jarrahdale)

Minute Secretary

Mrs Wendy Joy (Shire of Serpentine Jarrahdale) Mrs Gillian French (Shire of Serpentine Jarrahdale)

Applicants and Submitters

Mr Alessandro Stagno (Planning Solutions) Mr Ben Doyle (Planning Solutions) Mr Vladimir Baltic (Transcore) Mr Dennis Delaney (Caltex) Ms Linda Rowley (Rowley Legal) Mr Sam Laybutt (Cardno) Mr George Hajigabriel (Rowe Group)

Members of the Public / Media

There were 2 members of the public in attendance.

Mr Ian Birch Presiding Member, Metro East JDAP Page 1

Meeting No.No.171 11 September 2018

1. Declaration of Opening

The Presiding Member declared the meeting open at 10.00 am on Tuesday 11 September 2018 and acknowledged the past and present traditional owners and custodians 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.

The Presiding Member advised that 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 meeting would not be recorded.

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

DAP Member, Ms Kym Petani, declared an impartiality interest in item 8.1. Ms Petani is an employee and shareholder of GHD. GHD are currently engaged by the Shire of Serpentine Jarrahdale to undertake an intersection design for Abernethy and San Simeon Roads and a roundabout design for Kargotich and Abernethy Roads. GHD have also previously been engaged by DPLH to undertake a road planning design for Rowley and Anketell/Thomas Roads to provide road reserve definitions between and .

In accordance with section 4.6.1 and 4.6.2 of the DAP Standing Orders 2017, the Presiding Member determined that the member listed above, who had disclosed an impartiality interest, was permitted to participate in discussion and voting on the items.

Mr Ian Birch Presiding Member, Metro East JDAP Page 2

Meeting No.No.171 11 September 2018

7. Deputations and Presentations

7.1 Mr George Hajigabriel (Rowe Group) addressed the DAP against the application at Item 8.1.

7.2 Mr Sam Laybutt (Cardno on behalf of Humich Nominees Pty Ltd) addressed the DAP against the application at Item 8.1.

7.3 Ms Linda Rowley (Rowley Legal) addressed the DAP against the application at Item 8.1.

7.4 Mr Vladimir Baltic (Transcore) addressed the DAP in support of the application at Item 8.1.

7.5 Mr Ben Doyle (Planning Solutions) addressed the DAP in support of the application at Item 8.1.

7.6 Mr Alessandro Stagno (Planning Solutions) addressed the DAP in support of the application at Item 8.1.

7.7 The Shire of Serpentine Jarrahdale officers responded to questions from the panel in relation to Item 8.1

PROCEDURAL MOTION

Moved by: Mr Peter McNab Seconded by: Ms Kym Petani

That the meeting be adjourned for a period of 30 minutes to allow members to discuss procedural issues in relation to the wording of conditions and advice notes, and whether legal advice was required.

The Procedural Motion was put and CARRIED UNANIMOUSLY

The meeting was adjourned at 11:20am The meeting resumed at 11:52am

8. Form 1 – Responsible Authority Reports – DAP Applications

8.1 Property Location: Lot 12, 1537 Thomas Road and Lot 50 , Oakford Development Description: ‘Service Station’ Applicant: Planning Solutions Owner: SL McMullen and DA Riley (Lot 12) S and J Piipponen (Lot 50) Responsible Authority: Shire of Serpentine Jarrahdale DAP File No: DAP/18/01394

Mr Ian Birch Presiding Member, Metro East JDAP Page 3

Meeting No.No.171 11 September 2018

REPORT RECOMMENDATION

Moved by: Mr Peter McNab Seconded by: Nil

That the Metro East JDAP resolves to:

Approve DAP Application reference DAP/18/01394 and accompanying plans (Attachment 1) in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the Shire of Serpentine Jarrahdale Town Planning Scheme No. 2 subject to the following conditions:-

1. The development is to be carried out in compliance with the plans and documentation listed below and endorsed with the Shire of Serpentine Jarrahdale stamp, except where amended by other conditions of this consent.

Plans and Specifications P1 – P22 received at the Shire Offices on 28 March 2018 and 24 July 2018 and Bushfire Management Plan and Risk Management Plans dated 19 March 2018

2. Prior to commencement of works, a landscaping/revegetation plan shall be submitted to and approved by the Shire of Serpentine Jarrahdale. Within 60 days of commencement, the approved landscaping/revegetation plan shall be implemented and maintained thereafter.

3. Prior to commencement of works, a detailed Stormwater Plan shall be submitted to and approved by the Shire of Serpentine Jarrahdale. The approved Stormwater Plan shall be implemented and maintained thereafter.

4. Prior to the commencement of works, a Construction Management Plan shall be submitted to and approved by the Shire of Serpentine Jarrahdale. The Construction Management Plan shall include but not be limited to the following information:-

• Dust management • Traffic management

These approved plans shall be implemented and maintained throughout the construction of the development.

5. Prior to occupation, a lighting plan shall be submitted to and approved by the Shire of Serpentine Jarrahdale. The approved lighting plan shall be implemented and maintained thereafter.

6. Prior to occupation, an agreed monetary contribution shall be paid to the Shire of Serpentine Jarrahdale for the establishment of public art in accordance with Council's Local Planning Policy 1.6 - Public Art to the satisfaction of the Shire of Serpentine Jarrahdale.

Mr Ian Birch Presiding Member, Metro East JDAP Page 4

Meeting No.No.171 11 September 2018

7. The pylon sign shall be no higher than 7m unless otherwise approved by the Shire of Serpentine Jarrahdale.

8. Prior to Commencement of works, a Noise Assessment and Management Plan shall be submitted to and approved by the Shire of Serpentine Jarrahdale. Once approved, the plans shall be implemented and maintained thereafter.

9. The service station is not to be operational before the Main Roads Roundabout is constructed.

Main Roads

Nicholson Road Access

10. One 11 metre wide crossover located within Lot 50 and positioned where possible near the northernmost cadastral boundary of Lot 50. This requirement is to protect the functional area of this intersection in accordance with Austroads 2017 Guide to Road Design Part 4 Intersections and Crossings General, section 7 .2 Property Access.

This access shall operate as left in/left out turning movements for light vehicles and left out only turning movements for heavy vehicles and shall have suitable signage advising motorists of these restricted movements.

The developer shall be responsible for all costs involved in the land acquisition, design and construction of the left turning pocket and solid median to prevent right out turning movements onto Nicholson Road. This includes signing, road markings, relocation of services, street lighting and Main Roads costs involved in the checking of the design and construction drawings and any site inspections Thomas Road

11. One 11 metre wide crossover located within Lot 12 and positioned where possible near the easternmost cadastral boundary of Lot 12. This requirement is to protect the functional area of this intersection in accordance with Austroads 2017 Guide to Road Design Part 4 Intersections and Crossings General, section 7.2 Property Access.

This access shall operate as left in/left out turning movements for light vehicles and left in only turning movements for heavy vehicles and shall have suitable signage advising motorists of these restricted movements.

The developer shall be responsible for all costs involved in the land acquisition, design and construction of the left turning pocket and solid median to prevent right out movements onto Thomas Road. This includes signing, road markings, relocation of services, street lighting and Main Roads costs involved in the checking of the design and construction drawings and any site inspections

Mr Ian Birch Presiding Member, Metro East JDAP Page 5

Meeting No.No.171 11 September 2018

12. Any services, infrastructure or roadside furniture that requires relocation as a result of the applicant's works will be at the applicant's cost.

13. Lot 50 is affected by land reserved in the Metropolitan Region Scheme for "Other Regional Road" and no development will be permitted within this land required for road purposes at some time in the future.

The applicant is advised to contact the Department Planning, Lands & Heritage - Infrastructure Land Use Co-Ordinating Branch (ILUC) for further details in this regard.

14. No earthworks shall encroach onto the Nicholson and Thomas Road road reserve.

14. No stormwater drainage shall be discharged onto the Nicholson and Thomas Road road reserve.

15. The applicant shall make good any damage to the existing verge vegetation within the Nicholson and Thomas Road road reserve.

16 The applicant must obtain approval from Main Roads before all works are undertaken within the Thomas Road reserve. The applicant seeking access to the Main Roads network will be required to submit an Application as outlined in the "Application Kit and Guidelines" for State Roads.

Application Kits can be found on the Main Roads website >"Our Roads" >"Conducting Works on Roads >"Applications to Undertake Works on State Roads" >Application Kit and Guidelines for Complex Works OR Application Form for Low Complexity Works.

Advertising Signage

17. The type of sign, size, content and location must comply with all relevant by- laws and planning schemes made by Council.

18. The sign and sign structure is to be placed on private property and shall not over hang or encroach upon the road reserve.

19. As the signage is illuminated, it must be of a low-level not exceeding 300cdi"'2, not flash, pulsate or chase

20. The device shall not contain fluorescent, reflective or retro reflective colours or materials.

21. No other unauthorized signing is to be displayed

22. Main Roads agreement is to be obtained prior to any future modifications.

Mr Ian Birch Presiding Member, Metro East JDAP Page 6

Meeting No.No.171 11 September 2018

23. Vegetation within the state road reserve shall not be removed or trimmed to improve the visibility of the proposed advertising sign.

Advice Notes

1. As you are aware, this intersection is recognised as a dangerous black spot and has received funding from the Road Trauma Fund account to undertake preliminary planning design concepts. At this point in time, the traffic modelling depicts that the preferred intersection treatment at this location is a roundabout treatment, for both interim and ultimate stage.

The applicant is reminded that upon the roundabout being constructed to its ultimate configuration, the existing access on Nicholson Road will be removed and all access into the petrol station development will be achieved via a dedicated service road accessed from the north of Lot 50.

Please be aware that the timing of the construction of the roundabout {both interim and ultimate stages) including the preferred type of intersection treatment for this intersection is subject to change and that Main Roads assumes no liability whatsoever for the information provided.

2. An internal 15% design review has been undertaken for the submitted drawings for this development proposal. The attached design review comments are not to be considered a comprehensive design verification and may not pick-up all the issues. Therefore it is not an approval of the presented design.

The Report Recommendation LAPSED for want of a seconder.

PROCEDURAL MOTION

Moved by: Ms Kym Petani Seconded by: Cr Michelle Rich

That the Metro East JDAP resolves to defer DAP application DAP/18/01394 for reconsideration on or before 26 October 2018 to allow:

1. The applicant and relevant parties including Main Roads and the owners of Lot 196 Thomas Road, Oakford to discuss access arrangements to their respective developments.

2. A revised draft to be prepared by the Local Government of the proposed conditions and advice notes.

3. The presiding member to consider whether legal advice is necessary.

REASON: The application before the panel raised potentially complex jurisdictional matters involving third parties and access arrangements, issues that might require legal advice and the parties should in the meantime discuss these matters further.

The Procedural Motion was put and CARRIED UNANIMOUSLY.

Mr Ian Birch Presiding Member, Metro East JDAP Page 7

Meeting No.No.171 11 September 2018

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

Nil

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 Swan Lot 357 (227) Morrison Neighbourhood Centre (Shop, Road, Midvale Consulting Rooms, Recreation – Private, Fast Food Outlet, Convenience Store) City of Swan Lot 42 Old West Road, Proposed Roadhouse Bullsbrook

Shire of Lots 30 (801) and 31 (803) Service Centre and Associated Serpentine , Food and Beverage and Jarrahdale Byford Commercial Tenancies

City of 7 (Lot 10) Kelvin Road, 1910 Motor Vehicle Sales and Motor Gosnells (Lot 6) & 1914 (Lot 12) Vehicle Repair Maddington

City of Lot 7 (24) Valencia Road, Expansion of Valencia Nursing Kalamunda Carmel Home with Additional Beds and Associated Facilities

City of Swan Lot 100 (3301) West Swan Proposed Roadhouse, Road, Caversham Restaurant/Tavern and Tourist Facilities (short stay accommodation) City of Swan Lots 11 (6791) and 22 (6841) Proposed Restaurant Development West Swan Road, West Swan

City of Swan Lots 76 and 202 (398) Industry Additions (Asphalt Plants) Bushmead Road, Lot 4 (286) Stirling Crescent and Lot 800 (107) Lakes Road,

Mr Ian Birch Presiding Member, Metro East JDAP Page 8

Meeting No.No.171 11 September 2018

11. General Business / Meeting Closure

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 12.30pm.

Mr Ian Birch Presiding Member, Metro East JDAP Page 9