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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 Tonkin Highway and Kwinana Freeway. 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 Nicholson Road, 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.