Meeting Agenda Template

Metro Central Joint Development Assessment Panel Minutes

Meeting Date and Time: 5 January 2018; 10:00am Meeting Number: MCJDAP/273 Meeting Venue: City of South Perth Cnr Sandgate and South Terrace South Perth

Attendance

DAP Members

Mr Charles Johnson (Presiding Member) Mr Christopher Antill (A/Deputy Presiding Member) Mr Michael Hardy (Specialist Member) Cr Phil Marks (Local Government Member, City of Belmont) Cr Janet Powell (Local Government Member, City of Belmont) Cr Colin Cala (Local Government Member, City of South Perth) Cr Glenn Cridland (Local Government Member, City of South Perth) Cr Catherine Ehrhardt (Local Government Member, City of Bayswater) Cr Chris Cornish (Local Government Member, City of Bayswater)

Officers in attendance

Mr Stevan Rodic (City of South Perth) Mr Erik Dybdahl (City of South Perth) Ms Sarah Christie (City of Belmont) Mr Wilmot Loh (City of Belmont) Mr Martin Urbanski (City of Bayswater) Ms Helen Smith (City of Bayswater)

Minute Secretary

Ms Narelle Cecchi (City of South Perth)

Applicants and Submitters

Mr Alessandro Stagno (Planning Solutions) Mr Marc Re (Planning Solutions) Mr Josh Watson (Planning Solutions) Mr Biff Brody (Abernethy Holdings Pty Ltd) Mr Steve Kinchin (Evoke Design Group)

Members of the Public / Media

There were approximately 5 members of the public in attendance.

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1. Declaration of Opening

The Presiding Member, Mr Charles Johnson declared the meeting open at 10:00am on 5 January 2018, and acknowledged the past and present traditional owners and custodians of the land on which the meeting was 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 the meeting is being audio recorded in accordance with Section 5.16 of the DAP Standing Orders 2017, No Recording of Meeting, 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 Presiding Member granted permission for the minute taker to record proceedings for the purpose of the minutes only.

2. Apologies

Cr Robert Rossi (Local Government Member, City of Belmont)

3. Members on Leave of Absence

Panel member, Mr Charles Johnson has been granted leave of absence by the Director General for the period of 10 January 2018 to 5 February 2018 inclusive.

4. Noting of Minutes

The Minutes of Metro Central JDAP meeting No.268 held on the 1 December 2017, No.269 held on the 8 December 2017, No.270 held on the 13 December 2017, and No.271 held on the 14 December 2017 were noted by the DAP members.

The Minutes of Metro Central JDAP meeting No.272 held on 20 December 2017 were not available at time of Agenda preparation.

5. Declarations of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of Interests

Panel member, Cr Catherine Ehrhardt declared an impartiality interest in Item 8.2.

In accordance with Section 2.4.9 of the DAP Code of Conduct 2017, DAP Member Cr Catherine Ehrhardt declared that she participated in a prior Council meeting in relation to Item 8.2. However, under Section 2.1.2 of the DAP Code of Conduct 2017, Cr Ehrhardt acknowledged that she is not bound by any

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previous decision or resolution of the local government, and undertake to exercise independent judgment in relation to any DAP application before her which will be considered on its planning merits.

7. Deputations and Presentations

7.1 Mr Steve Kinchin (Evoke Design Group) addressed the DAP for the application at Item 8.1.

7.2 Ms Sarah Christie (City of Belmont) addressed the DAP for the application at Item 8.1. Ms Christie answered questions from panel.

7.3 Mr Alessandro Stagno (Planning Solutions) addressed the DAP for the application at Item 8.2. Mr Stagno answered questions from panel.

7.4 Ms Helen Smith and Mr Martin Urbanski (City of Bayswater) answered questions for Item 8.2 from panel.

7.5 Mr Stevan Rodic and Mr Erik Dybdahl (City of South Perth) answered questions for Item 8.3 from panel members.

8. Form 1 - Responsible Authority Reports – DAP Applications

8.1 Property Location: Lots 86 & 87 (No. 393 & 395) Abernethy Road, Cloverdale Application Details: 10 Grouped Dwellings (Two Storey) Applicant: Biff Brody, Abernathy Holdings Pty Ltd Owner: Abernathy Holdings Pty Ltd Responsible Authority: City of Belmont DAP File No. DAP/17/01298

REPORT RECOMMENDATION

Moved by: Mr Christopher Antill Seconded by: Mr Michael Hardy

That the Metro Central JDAP resolves to:

Approve DAP Application reference DAP/17/01298 and accompanying plans dated 2 October 2017, 22 November 2017 and 6 December 2017 for 10 Grouped Dwellings at Lots 86 & 87 (393 & 395) Abernethy Road, Cloverdale, in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Belmont Local Planning Scheme No. 15, subject to the following conditions:

Conditions

1. Development shall be in accordance with the attached approved plans dated 2 October 2017, 22 November 2017 and 6 December 2017 and subject to any modifications required as a consequence of any condition(s) of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the Metro Central Joint Development Assessment Panel or the City of Belmont.

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2. This decision constitutes planning approval only and is valid for a period of four years from the date of approval. If the subject development is not substantially commenced within the four year period, the approval shall lapse and be of no further effect.

3. Lots 86 and 87 (393 & 395) Abernethy Road shall be amalgamated and a new Certificate of Title obtained for the amalgamated lot prior to lodgement of an application for building permit.

4. The applicant shall submit a compaction certificate prepared by an appropriately qualified consultant certifying that the ground over the location of the removed bore is capable of accommodating the proposed development, shall be lodged with the City prior to the commencement of construction on the site, to the satisfaction of the City.

5. The applicant shall prepare and submit a landscaping and irrigation plan for the subject development site and street verge to the City for approval within three months of the date of this approval.

6. Prior to occupation or use of the development, landscaping, plants, verge treatment and/or irrigation are to be installed and thereafter maintained in accordance with the approved landscaping and irrigation plan for the duration of the approved development to the satisfaction of the City.

7. No existing turf, irrigation or street trees located in the road verge abutting or adjacent to the subject land may be damaged or removed during the course of the development, unless separately approved in writing by the City.

8. Prior to occupation or use of the development, vehicle parking, manoeuvring and circulation areas shall be designed, constructed, sealed, drained, line marked and kerbed in accordance with: (a) The approved plan (10 resident bays and 2 visitor bays); (b) Schedule 11 of the City of Belmont Local Planning Scheme No. 15; and (c) Council’s engineering requirements and design guidelines.

The areas must be constructed in accordance with the City of Belmont specifications.

9. The two visitor car-parking bays are to be constructed and maintained in accordance with the City’s engineering requirements and design guidelines to the satisfaction of the City. The bays must be individually marked on site as ‘Visitor Bays’ and made available for use by visitors at all times.

10. Prior to occupation or use of the development, the owner/applicant shall, after having obtained written approval from the City (Technical Services Clearance Application), construct a vehicle crossover in accordance with the approved plans and Council’s engineering specifications to the satisfaction of the City.

11. Prior to occupation or use of the development, the redundant crossovers on Abernethy Road as shown on the approved plans shall be removed and the

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verge and kerb reinstated in accordance with the City’s Technical Specifications, to the satisfaction of the City.

12. The owner/applicant shall submit a detailed stormwater plan for approval of the City prior to application for a building permit, showing the proposed drainage system to the standards of the City of Belmont’s engineering requirements and design guidelines.

13. The applicant shall arrange for the preparation and implementation of a Construction and Traffic Management Plan in accordance with the requirements of AS 1742 Pt 3 prior to the commencement of site works. The construction and Traffic Management Plan shall be submitted for the approval of the City no later than 14 days prior to the commencement of site works.

14. In order to facilitate and coordinate the orderly movement of vehicular traffic associated with future development abutting Abernethy Road, an easement in gross is to be granted free of cost to the City of Belmont as a public access easement in the location/s marked in ‘RED’ on the approved plans. The easement documentation is to be prepared by the City’s solicitors at the applicant/owner’s full expense and registered on the certificate of title for the land prior to lodgement of an application for a building permit, unless otherwise agreed in writing by the City.

15. Prior to the occupation of the development/commencement of the use, the access easement shall be paved, kerbed and drained in accordance with the City’s engineering requirements and design guidelines and thereafter maintained to a standard satisfactory to the City. Any construction and maintenance costs are to be borne by the owner. The maintenance obligation is to be stated in the grant of easement documentation.

16. Upon creation of the vehicle access easement on Lot 88 (397) Abernethy Road, Cloverdale, the portion of the landscaping area indicated in red on the approved plans, within the vehicle access easement shall be removed, paved, kerbed and drained in accordance with the City’s engineering requirements and design guidelines and thereafter maintained to a standard satisfactory to the City. Any construction and maintenance costs are to be borne by the owner.

17. All access ways, parking areas and hard stand areas shall be maintained in accordance with the City’s engineering requirements and design guidelines.

18. Any fences/walls in the front setback of the property are to comply with the provisions of the Residential Design Codes, which require front walls and fences to be visually permeable: (a) 1.2 metres above natural ground level within the primary street setback area; and (b) 0.75 metres above natural ground level within 1.5 metres of the intersection of a driveway and a public street or where two streets intersect.

19. Prior to lodgement of the building permit, a noise acoustic report from a suitably qualified acoustic consultant shall be obtained at the landowner/applicant’s cost, to ensure compliance with the noise criteria

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outlined in State Planning Policy 5.4 (SPP5.4) ‘Road and Rail Transport Noise and Freight Considerations in Land Use Planning’ to the satisfaction of the City. The developer shall implement noise attenuation measures as outlined in the Acoustic Report to satisfy SPP 5.4 noise criteria as required.

20. All clothes drying devices and clothes drying areas shall be located and positioned so as not to be visible from the street or a public place.

21. No services, such as air conditioners, fire boosters, meter service boards or water heaters shall be visible from the street.

22. The entry path to each dwelling is to be clearly defined using materials, colours and design to delineate it from the car bay.

Advice Notes

i. In regard to the amalgamation condition, the applicant is advised that should the owners wish to have a Building Permit issued prior to amalgamating the lots, then the City may permit the owner to enter into a legal agreement with City to defer the timeframe for satisfaction of the condition. The legal agreement must be prepared by the City’s solicitors (at the owner’s full cost), finalised and signed, and then registered as an absolute caveat on the property’s certificate of title prior to application for a building permit being submitted.

Please note that a legal agreement must be requested by the owner, in writing, and all costs associated with the preparation of a legal agreement and lodgement of a caveat must be borne by the owner. Generally legal agreements may take 3 to 4 weeks to be prepared and therefore any such request should be lodged promptly with the City’s Planning Department.

ii. The City’s Building Services Department provide the following comments: • Separate demolition permits must be obtained for the existing structures on the subject lots. • Carports design is to comply with Part 3.7.1.6 (d) of the Building Code of Australia 2016 Volume Two. • An application for Building Permit – Certified is to be submitted, together with payment of prescribed fees and accompanied by a Certificate of Design Compliance and associated documentation issued by a registered Building Surveying Contractor. • An application for Building Permit – Un-Certified is to be submitted, together with payment of prescribed fees and associated documentation.

iii. In relation to landscaping, the plants are to be nurtured until they reach their typical mature dimensions, and shall thereafter be maintained at those mature dimensions unless Council approves otherwise in writing.

iv. Any signage, road works or road marking made necessary by the proposed development shall be carried out at the developer’s cost.

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v. The City’s Engineering Requirements and Design Guidelines contains detailed specifications which must be adhered to in the preparation of plans submitted for approval in respect of such matters as drainage, paving, parking, access ways, crossovers, land fill and retaining.

In the event that access ways, parking areas and hard stand is not satisfactorily maintained, the City may require by notice, in writing, that the area be brought up to a satisfactory standard within a specified period of time and the notice shall be complied with within that period. Without limitation, the notice may require that lines marking car bays be re-painted, pot holes be repaired, damaged kerbs be replaced and degraded access or parking areas be resurfaced generally in accordance with the City’s Engineering Requirements and Design Guidelines.

vi. The portion of landscape area within the vehicle access plan easement is required to be removed to ensure that the vehicle access plan and associated easement can be facilitated.

vii. Neither a planning approval nor a building permit constitutes an approval to construct a crossover to a property. Prior to commencement of any site works, separate approval must be obtained from the City’s Technical Services Department to construct a crossover to the property (i.e. from the road to connect with the property’s internal driveway). This approval shall be sought by way of an application for Technical Services Clearance. Failure to obtain approval from the City for the crossover may result in time delays or refusal of a vehicle crossover subsidy. Please note Technical Services Clearance Applications are determined within 30 working days from date of lodgment provided further information is not required. viii. In relation to the finish of the boundary wall(s), the owner is encouraged to liaise with the adjoining property owner(s) to ascertain a finish that satisfies both parties.

ix. The applicant/owner is advised that permission to erect a boundary wall near or on the boundary does not grant permission to use the adjoining property or to remove the dividing fence without neighbour’s consent. Dividing fences are controlled under the Dividing Fences Act 1961 and the City of Belmont has no jurisdiction to resolve disputes owners pertaining to this legislation. Please liaise with any adjoining landowner if there is an intention to remove or replace any portion of fencing, or contact the Building Commission at the Department of Commerce for more information on the Dividing Fences Act 1961.

REASON: In accordance with details contained in the Responsible Authority Report.

The Report Recommendation was put and CARRIED UNANIMOUSLY.

Cr Phil Marks and Cr Janet Powell left the meeting at 10:24am.

Cr Catherine Ehrhardt and Cr Chris Cornish joined the meeting at 10:24am.

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8.2 Property Location: Lot 1 (No. 40) Benara Road, Noranda Application Details: New Service Station & Convenience Store Applicant: Planning Solutions (Aust) Pty Ltd Owner: BP Australia Pty Ltd Responsible Authority: City of Bayswater DAP File No. DAP/17/01293

REPORT RECOMMENDATION

Moved by: Mr Michael Hardy Seconded by: Mr Christopher Antill

That the Metro Central JDAP resolves to:

1. Accept that the DAP Application reference DAP/17/01293 is appropriate for consideration as a “Service Station and Convenience Store” land use and compatible with the objectives of the zoning table in accordance with Town Planning Scheme No. 24 of the City of Bayswater.

2. Approve DAP Application reference DAP/17/01293 and accompanying plans TP-000-017 and 17221 WD01-02 in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Bayswater Town Planning Scheme No. 24, subject to the following conditions:

Conditions

1. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan.

2. The owner, or the applicant on behalf of the owner, shall comply with the City of Bayswater policy relating to Percent for Public Art, and provide public art with a minimum value of 1% ($25,000) of the estimated total construction cost of the development ($2.5 million). Details of the public art, including plans of the artwork, its cost and construction, and other matters relating to the artwork's on-going maintenance and acknowledgements in accordance with the City's Percent for Public Art Policy shall be submitted to and approved by the City prior to the lodgement of a building permit application.

3. Prior to the submission of a Building Permit application, a waste management plan to be provided to address the waste generation, storage, and collection and disposal method to the satisfaction of the City of Bayswater.

4. A detailed landscape plan shall be submitted to and approved by the City of Bayswater, prior to the submission of a building permit application. The plan shall include the following: (a) The location and species of all trees and shrubs to be retained or removed. (b) The size and number of new plants to be planted. (c) Those areas to be reticulated or irrigated. (d) Upgrading of landscaping strip adjoining the Benara Road verge area.

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Landscaping and reticulation shall be completed in accordance with the approved detailed landscape plan prior to occupation of the development and thereafter maintained to the satisfaction of the City of Bayswater.

5. The car parking area(s) on the subject land shall be sealed, drained, paved and line marked in accordance with the approved plans prior to the first occupation of the development and maintained thereafter by the owner(s)/occupier(s) to the satisfaction of the City of Bayswater.

6. A geotechnical report covering the development area being prepared by a suitably qualified practitioner at the applicant’s cost, to the satisfaction of the City of Bayswater. The report is to be lodged with the building permit application, together with certification from a structural engineer that the design is suitable for the site conditions as outlined in the geotechnical report.

7. Detailed plans of a drainage system shall be submitted to and approved by the City of Bayswater prior to the submission of a building permit application. The plans shall include the following: (a) All stormwater retained on site and to be provided and maintained to the satisfaction of the City of Bayswater. (b) An adequate bunding / drainage system is required to prevent fuel and oil from discharging into the stormwater system and must be directed towards a full retention separator for treatment. The approved plans shall be implemented and thereafter maintained to the satisfaction of the City of Bayswater and the Department of Water and Environmental Regulation.

The approved plans shall be implemented and thereafter maintained to the satisfaction of the City of Bayswater.

8. All vehicle crossings being upgraded, designed and constructed to the satisfaction of the City of Bayswater.

9. A construction management plan, detailing how the construction of the development will be managed to minimise the impact on the surrounding area, shall be submitted to and approved by the City of Bayswater, prior to the submission of a building permit application.

10. The signage hereby permitted shall not contain any flashing, moving or pulsating lighting, nor contain lighting that is distracting to road users, or interferes with traffic signals, to the satisfaction of the City of Bayswater.

11. Signage to comply with the City of Bayswater Signage Policy.

12. All advertising signs shall relate only to goods and services provided on site.

13. Any illuminated signs on site shall have a maximum luminance in accordance with the following: (a) daytime - 6,000cd/m²; (b) dawn/dusk - 600cd/m²; and (c) night - 300cd/m².

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14. All external fixtures, such as television antennas (of a non-standard type), radio and other antennas, satellite dishes, external hot water heaters, air conditioners, and the like, shall not be visible from the street, or designed integrally with the building and be located so as not to be visually obtrusive from the street.

15. No storage or display of goods is to occur outside the building, to the satisfaction of the City of Bayswater.

16. On completion of construction, all excess articles, equipment, rubbish and materials being removed from the site and the site left in an orderly and tidy condition, to the satisfaction of the City of Bayswater.

17. Walls, fences and other structures or vegetation shall be truncated or reduced to no higher than 0.75m within 1.5m of where a vehicular access point meets the road reserve.

18. All street tree(s) within the verge adjoining the subject property are to be retained, unless written approval has been granted by the City of Bayswater for their removal, and shall have measures consistent with AS 4970-2009 undertaken to ensure its/their protection during construction of the subject development to the satisfaction of the City, including but not limited to the following: (a) A minimum 2.0m radius tree protection zone (TPZ) shall be provided through 1.8m high fencing around the verge trees (chain mesh panels or other suitable material) during construction of the subject development. (b) The above fencing is not to be moved or removed at any period during construction, and this zone is not to be entered for any reason; signage notifying people of the TPZ and the associated requirements is to be placed on each side of the fencing. (c) All activities related to construction of the subject development, including parking of vehicles, storage of materials, and washing of concreting tools and equipment is prohibited within the designated TPZ. (d) Any roots identified to be pruned shall be pruned with a final cut to undamaged wood outside of the TPZ. Pruning cuts shall be made with sharp tools such as secateurs, pruners, handsaws or chainsaws. Pruning wounds shall not be treated with dressings or paints. It is not acceptable for roots to be ‘pruned’ with machinery such as backhoes or excavators. (e) The tree(s) shall be provided with supplemental water during any construction period falling over summer, with a minimum of 150 litres being provided per week. (f) Should any works be required to be undertaken within the TPZ, approval must be given by the City prior to entering this zone. You may be required to seek advice from an Arborist in regard to the type of works being undertaken, this information is to be assessed by the City as part of the approvals to enter. (g) Any new crossover shall maintain a minimum clearance of 2.0m from the base of a street tree(s).

Advice Notes

1. Department of Water and Environmental Regulation advice notes:

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(a) All new buildings should be constructed and engineered to prevent potential vapour intrusion in accordance with Contaminated Sites Act 2003. (b) Any residual hydrocarbon-impact soils encountered during development should be dealt with appropriately to the satisfaction of the Department of Water and Environmental Regulation.

2. This decision constitutes planning approval only and is valid for a period of two years from the date of approval. If the subject development is not substantially commenced within the two year period, the approval shall lapse and be of no further effect.

3. This approval is not a building permit or an approval under any law other than the Planning and Development Act 2005. It is the responsibility of the applicant/owner to obtain any other necessary approvals, consents and/or licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

4. Kerbs, roadways, footpaths, open drains, stormwater pits, service authority pits and verge areas including any verge trees must be adequately protected, maintained and reinstated if required, during and as a result of carting and all works associated with this development.

5. This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as but not limited to an easement or restrictive covenant. It is the responsibility of the applicant/owner to investigate any such constraints before commencing development.

6. The noise generated from operational activities shall not to exceed the levels prescribed under the Environmental Protection (Noise) Regulations 1997.

AMENDING MOTION

Moved by: Mr Christopher Antill Seconded by: Mr Michael Hardy

• That Condition 2 be modified with the additional paragraph of; “Alternatively, the owner, or the applicant on behalf of the landowner, may opt to pay a cash-in-lieu contribution for the public art to the City of Bayswater, in accordance with the provisions of the City’s Percent for Public Art Policy prior to the submission of a building permit application.”

Reason: To provide an alternative for the City of Bayswater and the applicant in regard to Public Art, and to include the option within the condition itself.

The Amending Motion was put and CARRIED UNANIMOUSLY.

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AMENDING MOTION

Moved by: Mr Charles Johnson Seconded by: None

• Delete Condition 11 and renumber accordingly.

The Amending Motion LAPSED for want of a seconder.

REPORT RECOMMENDATION (AS AMENDED)

That the Metro Central JDAP resolves to:

Conditions

1. The development shall be carried out only in accordance with the terms of the application as approved herein, and any approved plan.

Alternatively, the owner, or the applicant on behalf of the landowner, may opt to pay a cash-in-lieu contribution for the public art to the City of Bayswater, in accordance with the provisions of the City’s Percent for Public Art Policy prior to the submission of a building permit application.

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The approved plans shall be implemented and thereafter maintained to the satisfaction of the City of Bayswater.

8. All vehicle crossings being upgraded, designed and constructed to the satisfaction of the City of Bayswater.

11. Signage to comply with the City of Bayswater Signage Policy.

12. All advertising signs shall relate only to goods and services provided on site.

13. Any illuminated signs on site shall have a maximum luminance in accordance with the following: (a) daytime - 6,000cd/m²;

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(b) dawn/dusk - 600cd/m²; and (c) night - 300cd/m².

15. No storage or display of goods is to occur outside the building, to the satisfaction of the City of Bayswater.

17. Walls, fences and other structures or vegetation shall be truncated or reduced to no higher than 0.75m within 1.5m of where a vehicular access point meets the road reserve.

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Advice Notes

1. Department of Water and Environmental Regulation advice notes: (a) All new buildings should be constructed and engineered to prevent potential vapour intrusion in accordance with Contaminated Sites Act 2003. (b) Any residual hydrocarbon-impact soils encountered during development should be dealt with appropriately to the satisfaction of the Department of Water and Environmental Regulation.

6. The noise generated from operational activities shall not to exceed the levels prescribed under the Environmental Protection (Noise) Regulations 1997.

REASON: In accordance with details contained in the Responsible Authority Report and Amending Motion/s.

The Report Recommendation (as amended) was put and CARRIED UNANIMOUSLY.

Cr Catherine Ehrhardt and Cr Chris Cornish left the meeting at 10:46am.

Cr Colin Cala and Cr Glenn Cridland joined the meeting at 10:46am.

8.3 Property Location: Lot 200 (No. 6) Henley Street, Como Application Details: 12 Multiple Dwellings within a 6 Storey Development plus 2 Basement Levels Applicant: Harden Jones Architects Owner: IC Syndicate Management Pty Ltd Responsible Authority: City of South Perth DAP File No. DAP/17/01300

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PROCEDURAL MOTION

Moved by: Cr Glenn Cridland Seconded by: Cr Colin Cala

That Standing Orders be suspended to obtain further information from the applicant or property owner.

The Procedural Motion was put and CARRIED UNANIMOUSLY.

The meeting was adjourned at 10:50am.

PROCEDURAL MOTION

Moved by: Cr Glenn Cridland Seconded by: Cr Colin Cala

That Standing Orders be resumed as the applicant or property owner were not available for comment.

The Procedural Motion was put and CARRIED UNANIMOUSLY.

The meeting resumed at 10:51am.

PROCEDURAL MOTION

Moved by: Mr Christopher Antill Seconded by: Mr Michael Hardy

That the meeting be adjourned for a recess of approximately 10 minutes to allow administration to examine the property’s certificate of title.

The Procedural Motion was put and CARRIED UNANIMOUSLY.

The meeting was adjourned at 11:00am.

PROCEDURAL MOTION

Moved by: Mr Christopher Antill Seconded by: Mr Michael Hardy

That the meeting resume.

The Procedural Motion was put and CARRIED UNANIMOUSLY.

The meeting resumed at 11:06am.

REPORT RECOMMENDATION

Moved by: Cr Colin Cala Seconded by: Mr Michael Hardy

That the Metro Central JDAP resolves to:

Approve DAP Application reference DAP/17/01300 and accompanying plans: A200, A201, A202, A203, A204, A205, A206, A207, A208, A301, A302, A303, A304 (latest

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revisions dated 13 December 2017) in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of Clause 7.9 of the City of South Perth Town Planning Scheme No. 6 subject to the following conditions:

Conditions

1. Revised Plans shall be submitted prior to the submission of a building permit application which demonstrate the deletion of the proposed visitor bays within the City’s verge.

2. The applicant shall bear the full cost of any necessary upgrade of the existing right-of-way providing the primary vehicular access way to the development.

3. Prior to the issue of a building permit or a demolition permit, or the commencement of development, whichever is earlier, a Construction Management Plan must be submitted to, and approved by, the City. The Construction Management Plan must address the following issues, where applicable: i. public safety and amenity; ii. site plan and security; iii. contact details of essential site personnel, construction period and operating hours; iv. community information, consultation and complaints management Plan; v. noise, vibration, air and dust management; vi. dilapidation reports of nearby properties; vii. traffic, access and parking management; viii. waste management and materials re-use; ix. earthworks, excavation, land retention/piling methods and associated matters; x. stormwater and sediment control; xi. street tree management and protection; xii. asbestos removal management Plan; and xiii. any other matter deemed relevant by the City.

4. Prior to the submission of a Building Permit, provision shall be made in the design of the floor and walls of the building for adequate protection against subsoil water seepage, and the applicant shall: (i) Provide the City with certification from a consulting engineer that adequate water-proofing has been achieved; and (ii) Satisfy the City that the proposed levels are acceptable, having regard to the 100 year flood levels applicable to the lot; As required by Clause 6.9(3) of Town Planning Scheme No. 6.

5. In addition to the indicative landscaping plans submitted by the applicant, the applicant is to submit a detailed landscaping plan including all proposed plant species for the City’s approval prior to the submission of any building permit application. In accordance with the requirements of clause 6.14 of Town Planning Scheme No. 6, no person shall occupy or use the land or any building the subject of this approval for the purpose for which this approval is given unless and until the approved landscaping plan has been implemented. The landscaping shall be maintained in good order and condition in perpetuity.

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6. No street trees shall be removed, pruned or disturbed in any way without prior approval from the City.

7. Prior to the issue of a building permit, the applicant shall prepare and submit a Car Parking Management Plan for the development, to the satisfaction of the City (see also, advice note 2).

8. Prior to the occupation of the approved development, a public art concept for the subject development, or elsewhere in the Canning Bridge Activity Centre, with a minimum value of 1.0% of the total capital cost of development, be submitted to the City for endorsement. The approved public art concept shall be implemented to the satisfaction of the City prior to the occupation of the building.

9. The development is to achieve a 5 Star Green Star rating or the equivalent under another formally recognised ecologically sustainable rating system. At the building permit stage, the applicant is to submit a secondary sustainability report confirming the final green star strategy that will guide the construction stage of the development and beyond; this report shall clearly demonstrate that an equivalent sustainable design rating is to be achieved for the development. Where relevant, elements of the sustainability report and strategy should clearly be reflected in documentation and plans submitted with the building permit application.

10. The applicant is to submit a revised Waste Management Plan, prepared in strict accordance with the City of South Perth Waste Management Guidelines. The plan is to be submitted and approved on the advice of City Environment Officers. The approved plan is to be subsequently implemented unless otherwise approved by the City.

11. Prior to the submission of a building permit, should dewatering be required for the placement of footings or on-site storage tanks, the applicant will be required to prepare a Dewatering Management Plan to the satisfaction of the City. Special attention will need to be made in relation to the disposal of dewatering effluent.

12. In accordance with the provisions of Clause 6.8(2) of Town Planning Scheme No. 6, all subsoil water and stormwater from the property shall be discharged into soak wells or sumps located on the site unless special arrangements can be made to the satisfaction of the City for discharge into the street drainage system.

13. The comprehensive new development shall incorporate illumination in accordance with the following Australian Standards: (a) AS 1680 regarding safe movement; (b) AS 1158 regarding lighting of roads and public spaces; and (c) AS 4282 Control of obtrusive effects of outdoor lighting.

14. To meet the intent of Clause 6.4.6 of the R-Codes, external fixtures such as air conditioning infrastructure, shall be integrated into the design of the building so

Mr Charles Johnson Presiding Member, Metro Central JDAP Page 18

as to not be visually obtrusive when viewed from the street and to protect the visual amenity of residents in neighbouring properties.

15. The applicant shall construct a crossover between the road and the property boundary. The crossover shall be constructed in accordance with the approved drawings, associated conditions and the requirements contained within Management Practice M353, which is available at the City’s website. The existing verge levels at the front property boundary shall not be altered.

16. The car parking bays shall be marked on site as indicated on the approved site plan, in order to comply with the requirements of clause 6.3(10)(c) of Town Planning Scheme No. 6 and such marking shall be subsequently maintained so that the delineation of parking bays remains clearly visible at all times.

17. Hard standing areas approved for the purpose of car parking or vehicle access shall be maintained in good condition at all times, free of potholes and dust and shall be adequately drained in accordance with the requirements of Clause 6.3 (10) of Town Planning Scheme No. 6.

18. Prior to submission of a building permit the applicant is to submit a statement from a qualified traffic engineer that demonstrates that all car parking bays within the basement, the width and grade of access ways are designed in accordance with AS/NZS 2890.1:2004.

19. Following construction and prior to the issue of an occupancy permit, the applicant is to submit a statement from a qualified traffic engineering confirming all parking bays, the width and grade of access ways and the function of the lift has been constructed and implemented in accordance with AS/NZS 2890.1:2004.

20. The height of any letterbox, electricity installation, bin enclosure, or other structure, fence, wall or hedge within 1.5 metres of any vehicle driveway where it meets a street alignment or within the street corner truncation shall not exceed 0.75 metres, in accordance with clause 6.3(6) of Town Planning Scheme No. 6.

21. All plumbing fittings on external walls shall be concealed from external view as required by Clause 7.5(k) of Town Planning Scheme No. 6.

22. External clothes drying facilities shall be screened from view from the street or any other public place.

23. All fencing and blank walls at ground level are to be treated with a non- sacrificial anti-graffiti coating to discourage potential graffiti and/or be decorated in such a way to reduce the effect of blank facades.

24. The property shall not be used for the approval hereby granted until an inspection has been carried out by a City Officer and the City is satisfied that the conditions of planning approval have been complied with.

Advice Notes

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1. Prior to lodging a building permit, the owner is required to satisfactorily address the outstanding planning matters identified in the Conditions of approval. A planning condition matrix is to be submitted to the City outlining how each condition has been addressed.

The applicant / owner are advised that prior to submitting a building permit application, written confirmation is to be obtained from the City’s Planning Services that all outstanding requirements relating to the submission of additional information have been met. A copy of this confirmation is to be submitted along with the building permit application. If associated actions are incomplete, Building Services will not accept the associated building permit application.

Therefore, to avoid delays in obtaining a building permit and a certificate of occupancy, it is important for the owner to commence the related processes at the earliest.

2. It is advised the City’s preferred car lift model is the “LevantaPARK TotalMove” which has a greater capacity than the proposed “LevantaPARK Rex Gold Lift”. The applicant is encouraged to install the former model.

3. Any dewatering at the site will require approval from the Department of Water through a water abstraction permit.

4. The applicant is advised of the need to comply with any relevant requirements of the City’s Infrastructure Services, including but not limited to those detailed in the memorandum, dated 30 October 2017, attached to this approval.

5. The applicant is advised of the need to comply with any relevant requirements of the City’s Environmental Health Services, including but not limited to those detailed in the memorandum, dated 1 November 2017, attached to this approval.

6. Planning Approval or the subsequent issuing of a Building Permit by the City is not consent for the construction of a crossing. As described in Management Practice M353 a ‘Crossing Application’ form must be formally submitted to Infrastructure Services for approval prior to any works being undertaken within the road reserve.

7. In relation to Condition 7, the City will be required to give final consent for the proposed public art, including any art fund contribution arrangement. The public art contribution must be in line with the guidelines as indicated in the City’s Developer’s Toolkit. Once the developer has sourced an artist, determined the design and artwork they are to lodge an 'Artwork Concept Application' form and supporting material to the City for assessment. See Appendix 1 of City Policy P316 – ‘Developer Contribution for Public Art and Public Art Spaces’ for the full Public Art Toolkit document

Mr Charles Johnson Presiding Member, Metro Central JDAP Page 20

and the final report to the City for approval. The City will only issue the final clearance letter when all relevant requirements have been met.

9. Car park ventilation to be designed to ensure that the carbon monoxide build up in the parking area does not exceed 50 ppm per hour in accordance with the Health Act (Carbon Monoxide) Regulations 1975.

10. Please ensure that all service and other equipment are compliant with the Environmental Protection Act 1986 and Environmental Protection (Noise) Regulations 1997 in relation to other premises.

11. Any required filling or excavation of the site shall be retained by embankments or walls, details of which are to be incorporated in the working drawings submitted in support of a building permit application.

12. Any required retaining walls along lot boundaries shall be constructed immediately after excavation or filling has been carried out.

13. With regard to the fee required to upgrade the right-of-way, the costing was prepared by the City’s Infrastructure Services and agreed upon by the applicant.

AMENDING MOTION

Moved by: Mr Michael Hardy Seconded by: Cr Colin Cala

• Delete Condition 2 and renumber accordingly.

• Delete Advice Note 13 and replace with; “The applicant will be responsible for the repair of any damage caused to the existing right-of-way providing the primary vehicular access way to the development, as a consequence of the implementation of this approval. These repairs should be effected prior to the first occupation of the development.”

Reason: To ensure that the imposition of an obligation is done by advice rather by compulsion, as the right-of-way appears not to be public land over which the City of South Perth has management rights.

The Amending Motion was put and CARRIED UNANIMOUSLY.

REPORT RECOMMENDATION (AS AMENDED)

That the Metro Central JDAP resolves to:

Approve DAP Application reference DAP/17/01300 and accompanying plans: A200, A201, A202, A203, A204, A205, A206, A207, A208, A301, A302, A303, A304 (latest revisions dated 13 December 2017) in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of Clause 7.9 of the City of South Perth Town Planning Scheme No. 6 subject to the following conditions:

Conditions

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1. Revised Plans shall be submitted prior to the submission of a building permit application which demonstrate the deletion of the proposed visitor bays within the City’s verge.

2. Prior to the issue of a building permit or a demolition permit, or the commencement of development, whichever is earlier, a Construction Management Plan must be submitted to, and approved by, the City. The Construction Management Plan must address the following issues, where applicable: i. public safety and amenity; ii. site plan and security; iii. contact details of essential site personnel, construction period and operating hours; iv. community information, consultation and complaints management Plan; v. noise, vibration, air and dust management; vi. dilapidation reports of nearby properties; vii. traffic, access and parking management; viii. waste management and materials re-use; ix. earthworks, excavation, land retention/piling methods and associated matters; x. stormwater and sediment control; xi. street tree management and protection; xii. asbestos removal management Plan; and xiii. any other matter deemed relevant by the City.

3. Prior to the submission of a Building Permit, provision shall be made in the design of the floor and walls of the building for adequate protection against subsoil water seepage, and the applicant shall: (i) Provide the City with certification from a consulting engineer that adequate water-proofing has been achieved; and (ii) Satisfy the City that the proposed levels are acceptable, having regard to the 100 year flood levels applicable to the lot; As required by Clause 6.9(3) of Town Planning Scheme No. 6.

4. In addition to the indicative landscaping plans submitted by the applicant, the applicant is to submit a detailed landscaping plan including all proposed plant species for the City’s approval prior to the submission of any building permit application. In accordance with the requirements of clause 6.14 of Town Planning Scheme No. 6, no person shall occupy or use the land or any building the subject of this approval for the purpose for which this approval is given unless and until the approved landscaping plan has been implemented. The landscaping shall be maintained in good order and condition in perpetuity.

5. No street trees shall be removed, pruned or disturbed in any way without prior approval from the City.

6. Prior to the issue of a building permit, the applicant shall prepare and submit a Car Parking Management Plan for the development, to the satisfaction of the City (see also, advice note 2).

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7. Prior to the occupation of the approved development, a public art concept for the subject development, or elsewhere in the Canning Bridge Activity Centre, with a minimum value of 1.0% of the total capital cost of development, be submitted to the City for endorsement. The approved public art concept shall be implemented to the satisfaction of the City prior to the occupation of the building.

8. The development is to achieve a 5 Star Green Star rating or the equivalent under another formally recognised ecologically sustainable rating system. At the building permit stage, the applicant is to submit a secondary sustainability report confirming the final green star strategy that will guide the construction stage of the development and beyond; this report shall clearly demonstrate that an equivalent sustainable design rating is to be achieved for the development. Where relevant, elements of the sustainability report and strategy should clearly be reflected in documentation and plans submitted with the building permit application.

9. The applicant is to submit a revised Waste Management Plan, prepared in strict accordance with the City of South Perth Waste Management Guidelines. The plan is to be submitted and approved on the advice of City Environment Officers. The approved plan is to be subsequently implemented unless otherwise approved by the City.

10. Prior to the submission of a building permit, should dewatering be required for the placement of footings or on-site storage tanks, the applicant will be required to prepare a Dewatering Management Plan to the satisfaction of the City. Special attention will need to be made in relation to the disposal of dewatering effluent.

11. In accordance with the provisions of Clause 6.8(2) of Town Planning Scheme No. 6, all subsoil water and stormwater from the property shall be discharged into soak wells or sumps located on the site unless special arrangements can be made to the satisfaction of the City for discharge into the street drainage system.

12. The comprehensive new development shall incorporate illumination in accordance with the following Australian Standards: (a) AS 1680 regarding safe movement; (b) AS 1158 regarding lighting of roads and public spaces; and (c) AS 4282 Control of obtrusive effects of outdoor lighting.

13. To meet the intent of Clause 6.4.6 of the R-Codes, external fixtures such as air conditioning infrastructure, shall be integrated into the design of the building so as to not be visually obtrusive when viewed from the street and to protect the visual amenity of residents in neighbouring properties.

14. The applicant shall construct a crossover between the road and the property boundary. The crossover shall be constructed in accordance with the approved drawings, associated conditions and the requirements contained within Management Practice M353, which is available at the City’s website. The existing verge levels at the front property boundary shall not be altered.

Mr Charles Johnson Presiding Member, Metro Central JDAP Page 23

15. The car parking bays shall be marked on site as indicated on the approved site plan, in order to comply with the requirements of clause 6.3(10)(c) of Town Planning Scheme No. 6 and such marking shall be subsequently maintained so that the delineation of parking bays remains clearly visible at all times.

16. Hard standing areas approved for the purpose of car parking or vehicle access shall be maintained in good condition at all times, free of potholes and dust and shall be adequately drained in accordance with the requirements of Clause 6.3 (10) of Town Planning Scheme No. 6.

17. Prior to submission of a building permit the applicant is to submit a statement from a qualified traffic engineer that demonstrates that all car parking bays within the basement, the width and grade of access ways are designed in accordance with AS/NZS 2890.1:2004.

18. Following construction and prior to the issue of an occupancy permit, the applicant is to submit a statement from a qualified traffic engineering confirming all parking bays, the width and grade of access ways and the function of the lift has been constructed and implemented in accordance with AS/NZS 2890.1:2004.

19. The height of any letterbox, electricity installation, bin enclosure, or other structure, fence, wall or hedge within 1.5 metres of any vehicle driveway where it meets a street alignment or within the street corner truncation shall not exceed 0.75 metres, in accordance with clause 6.3(6) of Town Planning Scheme No. 6.

20. All plumbing fittings on external walls shall be concealed from external view as required by Clause 7.5(k) of Town Planning Scheme No. 6.

21. External clothes drying facilities shall be screened from view from the street or any other public place.

22. All fencing and blank walls at ground level are to be treated with a non- sacrificial anti-graffiti coating to discourage potential graffiti and/or be decorated in such a way to reduce the effect of blank facades.

23. The property shall not be used for the approval hereby granted until an inspection has been carried out by a City Officer and the City is satisfied that the conditions of planning approval have been complied with.

Advice Notes

Mr Charles Johnson Presiding Member, Metro Central JDAP Page 24

submitted along with the building permit application. If associated actions are incomplete, Building Services will not accept the associated building permit application.

Therefore, to avoid delays in obtaining a building permit and a certificate of occupancy, it is important for the owner to commence the related processes at the earliest.

3. Any dewatering at the site will require approval from the Department of Water through a water abstraction permit.

8. The applicant/developer and the owners are to comply with the requirements set out in Council Policy P352 "Final Clearance Requirements for Completed Buildings”. As detailed in the policy, the applicant is to engage a licensed land surveyor to undertake survey measurements and to submit progress reports and the final report to the City for approval. The City will only issue the final clearance letter when all relevant requirements have been met.

Mr Charles Johnson Presiding Member, Metro Central JDAP Page 25

10. Please ensure that all service and other equipment are compliant with the Environmental Protection Act 1986 and Environmental Protection (Noise) Regulations 1997 in relation to other premises.

12. Any required retaining walls along lot boundaries shall be constructed immediately after excavation or filling has been carried out.

13. The applicant will be responsible for the repair of any damage caused to the existing right-of-way providing the primary vehicular access way to the development as a consequence of the implementation of this approval. These repairs should be effected prior to the first occupation of the development.

REASON: In accordance with details contained in the Responsible Authority Report and Amending Motion/s.

The Report Recommendation (as amended) was put and CARRIED UNANIMOUSLY.

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

Nil

10. Appeals to the State Administrative Tribunal

Nil

11. General Business / Meeting Closure

The Presiding Member reminded the meeting that 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 11:22am.

Mr Charles Johnson Presiding Member, Metro Central JDAP Page 26