Meeting Minutes Template

Meeting No. 184 3 January 2019

Metro East Joint Development Assessment Panel Minutes

Meeting Date and Time: 3 January 2019; 10:00am Meeting Number: MEJDAP/184 Meeting Venue: City of Armadale 7 Orchard Avenue, Armadale

Attendance

DAP Members

Mr Ian Birch (Presiding Member) Mr Christopher Antill (A/Deputy Presiding Member) Mr Peter McNab (Specialist Member)

Item 8.1 Mayor Henry Zelones (Local Government Member, City of Armadale) Cr Donna Shaw (Local Government Member, City of Armadale)

Item 9.1 Cr Julie Brown (Local Government Member, City of Gosnells) Cr Ron Mitchell (Local Government Member, City of Gosnells)

Officers in attendance

Item 8.1 Mr Glen Windass (City of Armadale) Mr Paul Rosser (City of Armadale) Mr Zane Zaidiah (City of Armadale)

Item 9.1 Ms Donna Shaw (City of Gosnells)

Minute Secretary

Ms Noelene Cranfield (City of Armadale)

Applicants and Submitters

Item 8.1 Mr Jonathan Riley (Riley Consulting) Mr Nathan Mass (Planning Solutions) Mr Tony Anderson (Arbitrage Projects)

Members of the Public / Media

Nil

Mr Ian Birch Presiding Member, Metro East JDAP Page 1

Meeting No. 184 3 January 2019

1. Declaration of Opening

The Presiding Member Mr Ian Birch declared the meeting open at 10.00am on 3 January 2019 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 Development Assessment Panel Standing Orders 2012 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 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

Ms Kym Petani (Deputy Presiding Member)

3. Members on Leave of Absence

Panel Member, Ms Kym Petani, Deputy Presiding Member has been granted leave of absence by the Director General for the period of 10 December 2018 to 18 January 2019 inclusive.

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, Cr Donna Shaw, declared an impartiality interest in Items 8.1 and 9.1. Cr Shaw is a Councillor at the City of Armadale (Item 8.1) and a Technical Officer at the City of Gosnells (Item 9.1).

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 disclosed an impartiality interest, is permitted to participate in discussion and voting on the items.

PROCEDURAL MOTION

Moved by: Mr Peter McNab Seconded by: Mayor Henry Zelones

That the application at Item 9.1 be heard prior to the application at Item 8.1.

The Procedural Motion was put and CARRIED UNANIMOUSLY.

Mr Ian Birch Presiding Member, Metro East JDAP Page 2

Meeting No. 184 3 January 2019

7. Deputations and Presentations

7.1 Mr Jonathan Riley (Riley Consulting) addressed the DAP in support of the application at Item 8.1 and responded to questions from the panel.

7.2 Mr Nathan Mass (Planning Solutions) addressed the DAP in support of the application at Item 8.1 and responded to questions from the panel.

7.3 Mr Tony Anderson (Arbitrage Projects) responded to questions from the panel.

7.4 Mr Glen Windass and Mr Paul Rosser (City of Armadale) addressed the DAP in support of the application at Item 8.1 and responded to questions from the panel.

The presentations at Item 7.1 to 7.4 were heard prior to the application at Item 8.1.

7.5 Ms Donna Shaw (City of Gosnells) responded to questions from the panel in relation to Item 9.1.

The presentation at Item 7.5 was heard prior to the application at Item 9.1.

Mayor Henry Zelones and Cr Donna Shaw left the panel at 10.02am and re-joined the panel at 10.10am.

PROCEDURAL MOTION

Moved by: Mr Peter McNab Seconded by: Cr Donna Shaw

That the meeting be adjourned for a period of 10 minutes to allow members to review the new Condition 1 for Item 8.1’s Report Recommendation provided by the City of Armadale.

The Procedural Motion was put and CARRIED UNANIMOUSLY.

The meeting was adjourned at 11.35am. The meeting was reconvened at 11.45am.

8. Form 1 – Responsible Authority Reports – DAP Application

8.1 Property Location: Lots 11 and 65 (3061 and 3057) Albany Highway, Armadale Development Description: Medical Centre and Recreation Private Applicant: Planning Solutions Owner: Wormall Unit Development Responsible Authority: City of Armadale DAP File No: DAP/18/01498

Mr Ian Birch Presiding Member, Metro East JDAP Page 3

Meeting No. 184 3 January 2019

REPORT RECOMMENDATION

Moved by: Cr Donna Shaw Seconded by: Mr Peter McNab

That the Metro East JDAP resolves to:

1. Approve DAP Application reference DAP/18/01498 and accompanying plans in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the of the City of Armadale Planning Scheme No. 4, subject to the following conditions as follows:

Conditions

1. Prior to the submission of a Building Permit, revised plans shall be submitted to and approved by the City of Armadale, in-accordance with Schedule 2, Part 9, Clause 74(1) of the Planning and Development (Local Planning Schemes) Regulations 2015, that modify the proposal by:

a) Providing the full number of onsite parking bays as required under Schedule 7A of Town Planning Scheme No.4 by either amending the floor area of the building or providing additional parking bays.

2. Prior to the occupation of the development, a Final Noise Assessment must be prepared and provided to the City of Armadale which demonstrates to City’s satisfaction, that the completed development complies with the Environmental Protection (Noise) Regulations 1997.

The Final Acoustic Assessment must include the following information:

a) noise sources compared with the assigned noise levels as stated in the Environmental Protection (Noise) Regulations 1997, when the noise is received at the nearest “noise sensitive premises” and surrounding residential area; b) tonality, modulation and impulsiveness of noise sources; c) The development has been constructed and implemented in accordance with the recommendations of the Environmental Noise Assessment to the satisfaction of the City of Armadale; and d) confirmation of the implementation of noise attenuation measures. Any further works must be carried out in accordance with the Environmental Noise Assessment and implemented as such for the duration of the development

3. Operating hours shall be 7am to 7pm Monday to Saturday.

4. All vehicle manoeuvring spaces shall be constructed, sealed, kerbed and drained in accordance with the approved site plan to the satisfaction of the City of Armadale and continuously maintained thereafter. Relocation/ removal of any services/infrastructure will be at the cost of the developer.

5. Bin storage areas shall be conveniently located and screened from view, to the satisfaction of the City of Armadale.

Mr Ian Birch Presiding Member, Metro East JDAP Page 4

Meeting No. 184 3 January 2019

6. A Waste Management Plan shall be submitted to and approved by the City of Armadale prior to commencement of site works. Waste collection shall be carried out in accordance with the approved plan thereafter.

7. To meet drainage requirements the developer/owner shall, to the specifications and satisfaction of the Executive Director Technical Services:

a) Submit a stormwater management plan incorporating water sensitive design principles for approval and implement the approved plan thereafter; b) Show any drainage easements as may be required on the Certificate of Title in favour of the City; and c) Relocate, remove or upgrade any drainage infrastructure on the lot or within the adjoining road reserve that is impacted by the proposed development.

8. A schedule of external colours and materials shall be submitted to the City’s Planning Services department and approved by the City of Armadale. The development shall be completed and maintained in accordance with the approved schedule to the satisfaction of the City of Armadale.

9. A landscape plan shall be submitted to and approved by the City of Armadale. The landscape plan shall include:

a) Plant species (predominantly West Australian natives); b) Numbers, location, container size; c) Retention of mature existing trees; d) Method of irrigation of the landscaped areas; e) Landscaping and treatment of adjoining verge areas; f) Measures to protect existing trees (including street trees) in accordance with AS 4970-2009; g) The provision of a boundary landscaping strip and shade trees within the car park at the rates of at least 1 tree per 10 metre interval along any line of car parking;

All landscaping shall be installed prior to occupancy of the development and maintained as per the approved plan thereafter.

10. A Construction Management Plan is to be prepared by the applicant and submitted to the City of Armadale for approval at least 30 days prior to the commencement of works. The Construction Management Plan shall be implemented by the applicant to the satisfaction of the City of Armadale and detail how the construction of the development will be managed, including the following:

a) Public safety and site security; b) Hours of operation; c) Dust management; d) Waste and material disposal; e) Traffic management plans for the various phases of the construction; f) Parking arrangements for contractors and sub-contractors; g) Delivery and access arrangements; h) The storage of materials and equipment on site (no storage of materials within the public realm will be permitted); i) Bonding and remediation arrangements; and j) Any other matters likely to impact upon the surrounding properties or public realm.

Mr Ian Birch Presiding Member, Metro East JDAP Page 5

Meeting No. 184 3 January 2019

11. If new fencing is proposed, or where fencing exists does not meet these standards, fencing shall be installed prior to occupation or the creation of multiple lots from the development (whichever is the earlier) in accordance with the following and maintained thereafter:

a. Internal fencing and other property boundary fencing shall be at least 1.8m high measured from the new ground level / top of retaining walls in accordance with Part 2 of the City’s Fencing Local Law 2011 (or superseding standard) b. Fencing to adjoining residential properties shall utilise brick or masonry construction; and, c. Fencing within the front street setback area or abutting the public realm (i.e. street, POS) shall be visually permeable above 1.2m and truncated adjacent to driveways in accordance with Part 3 of the City’s Fencing Local Law 2011 (or superseding standard).

12. Air conditioning units, compressors and other equipment related to utilities shall be screened from public view and positioned so as to avoid any adverse effects, including noise, on the occupants of nearby residential properties to the satisfaction of the City of Armadale.

13. Outdoor storage areas shall be screened from public view and adjoining properties to the satisfaction of the City of Armadale.

14. In accordance with the requirements of Local Planning Policy PLN 3.12 - Percent for Art, prior to the commencement of development, the applicant or landowner is to either:

a) make a monetary contribution to the City of Armadale Public Art Reserve Account equal to one per cent (1%) of the estimated total development cost; or, b) provide public art work to the value of one per cent (1%) of the total development cost and continuously maintain the public art work.

If a development application for public art is made, the public artwork shall be installed prior to occupancy of the development and maintained as per the approved plan thereafter.

15. Conditions of this approval not specifying a particular timeframe are to be complied with prior to occupancy of the development, to the satisfaction of the City of the Armadale.

Advice Notes

1. With regard to the condition regarding vehicle manoeuvring spaces, the City’s Technical Services Directorate should be contacted in order that the appropriate crossover application may be made. The extent of seal within car parking areas (with the exception of disabled bays and crossovers) can be negotiated with the City’s Technical Services Directorate.

Mr Ian Birch Presiding Member, Metro East JDAP Page 6

Meeting No. 184 3 January 2019

Landscape Factsheet - Trees for Confined Spaces to assist you to formulate a satisfactory landscaping proposal. Copies of these documents are available on the City’s website at: www.armadale.wa.gov.au/planninginformation-sheet-forms-fees

3. In relation to the Waste Management Plan condition onsite waste collection shall be undertaken by a private contractor only.

4. With regard to part b) of the condition relating to the City’s PLN 3.12 – Percent for Art the arts approval process is outlined under section 5 of the policy.

5. The applicant is advised of the requirement to comply with the Environmental Protection (Noise) Regulations 1997.

6. The applicant is advised to liaise with the City’s Planning Services if signage is associated with the development is being contemplated. A separate application and approval may be necessary for any signage.

7. Lighting shall comply with Australian Standard 4282-1997 “Control of the obtrusive effects of outdoor lighting” or its equivalent and the City’s Environment, Animals and Nuisance Local Laws.

8. Any clinical wastes generated to be disposed of in accordance with Australian / New Zealand Standard AS/NZS 3816:1998 or superseding standard.

9. The applicant and landowner are advised that it is a statutory requirement to comply with all conditions of this approval, and that not complying with any condition is therefore illegal. Failure to comply with any condition of this approval or the approved plans constitutes an offence under the Planning Development Act 2005. The City can issue a Planning Infringement Notice of $500 (without notice) and/or commence legal action with higher penalties up to $200,000 for each offence and a daily penalty of $25,000 per day for the continuation of that offence. It is the responsibility of the applicant and/or landowner to inform Council in writing when they consider the development to be complete and all conditions of this approval have been satisfied.

10. The developer is reminded of the requirement under the provisions of the Environmental Protection Act that all construction work (which includes earthworks and similar) be managed with due regard for noise control. Works generating noise and rock breaking in particular, are not permitted:-

 Outside the hours of 7:00am to 7:00pm; or  On a Sunday or Public Holiday

11. If the applicant is aggrieved by a Refusal to Approve his/her application, or, where Approved, is aggrieved by any Condition imposed in that Approval he/she may apply for a Review to the State Administrative Tribunal pursuant to the provisions of Part 14 of the Planning and Development Act 2005 against such refusal or imposition of such aggrieved Condition.

Mr Ian Birch Presiding Member, Metro East JDAP Page 7

Meeting No. 184 3 January 2019

www.sat.justice.wa.gov.au or from Council’s offices), and should be accompanied by the relevant fee detailed in Schedule 18 of the State Administrative Tribunal Regulations 2004).

12. If the development the subject of this approval is not substantially commenced within a period of 24 months from the date of this letter, the approval shall lapse and be of no further effect.

13. Where the approval has so lapsed, no development shall be carried out without the further approval of the City having first been sought and obtained.

AMENDING MOTION 1

Moved by: Mr Peter McNab Seconded by: Mayor Henry Zelones

(i) That a new Condition 1 be added to read as follows and remaining Conditions be renumbered accordingly:

To ensure parking does not exceed the total number of parking bays available on site at any one time and cause any significant adverse impacts on the amenity of the area, a car parking strategy shall be prepared by the applicant/owner, approved by the City and implemented thereafter to manage the demand for parking upon commencement of operations by staff and customers/clients.

Amending Motion 1 was put and CARRIED UNANIMOUSLY.

REASON: To ensure car parking can be managed for the proposed development and future change of use applications for individual tenancies.

AMENDING MOTION 2

Moved by: Cr Donna Shaw Seconded by: Mr Ian Birch

The following amendments to Conditions were made en bloc:

(i) That Conditions 1 and 3 be deleted and remaining Conditions be renumbered accordingly.

REASON: To delete the requirement for modified development plans increasing the number of car parking bays, and deleting the restriction of the hours of operation of the development.

(ii) That a new Condition 2 be added to read as follows and remaining Conditions be renumbered accordingly:

Prior to occupation of the development, line marking and signage restricting car parking on Lillian Avenue shall be provided to the satisfaction of the City of Armadale at the developer’s cost.

REASON: To ensure on-street car parking does not occur on Lillian Avenue for the safety and functionality of Lillian Avenue.

Mr Ian Birch Presiding Member, Metro East JDAP Page 8

Meeting No. 184 3 January 2019

(iii) That Condition 2 be deleted and a new Condition 3 be added to read as follows and remaining Conditions be renumbered accordingly:

Prior to applying for a Building Permit, an Acoustic Consultants Report must be prepared and provided to the City of Armadale which demonstrates to the City’s satisfaction, that the development complies with the Environmental Protection (Noise Regulations) 1997 for 24 hour operation.

REASON: To clarify the extent of the developer's obligations with respect to noise attenuation for possible 24 hour operations on site.

Amending Motion 2 was put and CARRIED UNANIMOUSLY.

AMENDING MOTION 3

Moved by: Cr Donna Shaw Seconded by: Mr Peter McNab

That a new Condition 16 be added to read as follows:

Prior to occupation of the development the subject land be amalgamated.

Amending Motion 3 was put and CARRIED UNANIMOUSLY.

REASON: To ensure the subject site is amalgamated into one title of land.

AMENDING MOTION 4

Moved by: Cr Donna Shaw Seconded by: Mr Christopher Antill

That a new Condition 10 be added to read as follows and remaining Conditions be renumbered accordingly:

Prior to the submission of a Building Permit, revised plans shall be submitted to and approved by the City of Armadale, in-accordance with Schedule 2, Part 9, Clause 74(1) of the Planning and Development (Local Planning Schemes) Regulations 2015, that modify the proposal by:

 Deleting the paved area on the north-eastern boundary to ensure the retention of significant mature trees.

Amending Motion 4 was put and CARRIED UNANIMOUSLY.

REASON: To protect significant vegetation on the north-eastern boundary of the site.

AMENDING MOTION 5

Moved by: Mr Peter McNab Seconded by: Cr Donna Shaw

That Condition 15 be deleted and remaining Conditions renumbered accordingly.

Amending Motion 5 was put and CARRIED UNANIMOUSLY.

Mr Ian Birch Presiding Member, Metro East JDAP Page 9

Meeting No. 184 3 January 2019

REASON: A generally worded backstop condition to supplement a failure to specify a time-frame or specific event in connection with the performance or satisfaction of an obligation found in another condition is not a preferred method of drafting and may lead to further doubt where such obligations are specified but may be otherwise uncertain.

AMENDING MOTION 6

Moved by: Mr Peter McNab Seconded by: Mr Ian Birch

That a new Advice Note 14 be added to read as follows:

For the avoidance of doubt, the proposed pharmacy as shown on the plans is currently a prohibited use and this approval does not regulate that use.

Amending Motion 6 was put and CARRIED UNANIMOUSLY.

REASON: To provide clarity that the proposed pharmacy shown on the plans does not form part of the approved development.

AMENDING MOTION 7

Moved by: Mr Peter McNab Seconded by: Mr Christopher Antill

The following amendments were made en bloc:

(i) That minor grammatical changes be made to:

. Condition 2 (now Condition 4); . Condition 7 (now Condition 8); . Condition 8 (now Condition 9); . Condition 11 (now Condition 13); and . Advice Note 12.

(ii) That the accompanying plans as listed, be added to the approval in the preamble of the Report Recommendation:

. A104 site plan; . A201 lower level; . A202 ground floor; . A203 roof plan; . A206 external finishes; . A301 elevation; . A302 elevation; . A303 elevation; and . A401 section.

Amending Motion 7 was put and CARRIED UNANIMOUSLY.

REASON: These amendments are minor in nature to correct certain grammatical errors and to clarify the precise plan numbers the subject of the development approval.

Mr Ian Birch Presiding Member, Metro East JDAP Page 10

Meeting No. 184 3 January 2019

REPORT RECOMMENDATION (AS AMENDED)

That the Metro East JDAP resolves to:

1. Approve DAP Application reference DAP/18/01498 and accompanying plans -

. A104 site plan; . A201 lower level; . A202 ground floor; . A203 roof plan; . A206 external finishes; . A301 elevation; . A302 elevation; . A303 elevation; and . A401 section.

in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Armadale Planning Scheme No. 4, subject to the following conditions as follows:

Conditions

1. To ensure parking does not exceed the total number of parking bays available on site at any one time and cause any significant adverse impacts on the amenity of the area, a car parking strategy shall be prepared by the applicant/owner, approved by the City and implemented thereafter to manage the demand for parking upon commencement of operations by staff and customers/clients.

2. Prior to occupation of the development, line marking and signage restricting car parking on Lillian Avenue shall be provided to the satisfaction of the City of Armadale at the developer’s cost.

3. Prior to applying for a Building Permit, an Acoustic Consultants Report must be prepared and provided to the City of Armadale which demonstrates to the City’s satisfaction, that the development complies with the Environmental Protection (Noise Regulations) 1997 for 24 hour operation.

5. Bin storage areas shall be conveniently located and screened from view, to the satisfaction of the City of Armadale.

7. To meet drainage requirements the developer/owner shall, to the specifications and satisfaction of the City of Armadale:

a) Submit a stormwater management plan incorporating water sensitive design principles for approval and implement the approved plan thereafter;

Mr Ian Birch Presiding Member, Metro East JDAP Page 11

Meeting No. 184 3 January 2019

b) Show any drainage easements as may be required on the Certificate of Title in favour of the City; and c) Relocate, remove or upgrade any drainage infrastructure on the lot or within the adjoining road reserve that is impacted by the proposed development.

8. A schedule of external colours and materials shall be submitted and approved by the City of Armadale. The development shall be completed and maintained in accordance with the approved schedule to the satisfaction of the City of Armadale.

9. A landscape plan shall be submitted to and approved by the City of Armadale. The landscape plan shall include:

All landscaping shall be installed prior to occupancy of the development and maintained as per the approved plan thereafter.

10. Prior to the submission of a Building Permit, revised plans shall be submitted to and approved by the City of Armadale, in-accordance with Schedule 2, Part 9, Clause 74(1) of the Planning and Development (Local Planning Schemes) Regulations 2015, that modify the proposal by:

 Deleting the paved area on the north-eastern boundary to ensure the retention of significant mature trees.

11. A Construction Management Plan is to be prepared by the applicant and submitted to the City of Armadale for approval at least 30 days prior to the commencement of works. The Construction Management Plan shall be implemented by the applicant to the satisfaction of the City of Armadale and detail how the construction of the development will be managed, including the following:

Mr Ian Birch Presiding Member, Metro East JDAP Page 12

Meeting No. 184 3 January 2019

12. If new fencing is proposed, or where fencing exists does that not meet these standards, fencing shall be installed prior to occupation or the creation of multiple lots from the development (whichever is the earlier) in accordance with the following and maintained thereafter:

a. Internal fencing and other property boundary fencing shall be at least 1.8m high measured from the new ground level / top of retaining walls in accordance with Part 2 of the City’s Fencing Local Law 2011 (or superseding standard); b. Fencing to adjoining residential properties shall utilise brick or masonry construction; and, c. Fencing within the front street setback area or abutting the public realm (i.e. street, POS) shall be visually permeable above 1.2m and truncated adjacent to driveways in accordance with Part 3 of the City’s Fencing Local Law 2011 (or superseding standard).

13. Air conditioning units, compressors and other equipment related to utilities shall be screened from public view and positioned so as to avoid any adverse effects, including noise, on the occupants of nearby residential properties to the satisfaction of the City of Armadale.

14. Outdoor storage areas shall be screened from public view and adjoining properties to the satisfaction of the City of Armadale.

15. In accordance with the requirements of Local Planning Policy PLN 3.12 - Percent for Art, prior to the commencement of development, the applicant or landowner is to either:

If a development application for public art is made, the public artwork shall be installed prior to occupancy of the development and maintained as per the approved plan thereafter.

16. Prior to occupation of the development the subject land be amalgamated.

Advice Notes

2. With regard to the condition requiring a Landscape Plan, please refer to the City’s Landscaping Guidelines – (Screening and/or Industrial and Commercial), Landscaping Guidelines – Plants to Avoid, the City's Urban Forestry Strategy and Landscape Factsheet - Trees for Confined Spaces to assist you to formulate a satisfactory landscaping proposal. Copies of these documents are available on the City’s website at:

Mr Ian Birch Presiding Member, Metro East JDAP Page 13

Meeting No. 184 3 January 2019

www.armadale.wa.gov.au/planninginformation-sheet-forms-fees

3. In relation to the Waste Management Plan condition onsite waste collection shall be undertaken by a private contractor only.

4. With regard to part b) of the condition relating to the City’s PLN 3.12 – Percent for Art the arts approval process is outlined under section 5 of the policy.

5. The applicant is advised of the requirement to comply with the Environmental Protection (Noise) Regulations 1997.

7. Lighting shall comply with Australian Standard 4282-1997 “Control of the obtrusive effects of outdoor lighting” or its equivalent and the City’s Environment, Animals and Nuisance Local Laws.

8. Any clinical wastes generated to be disposed of in accordance with Australian / New Zealand Standard AS/NZS 3816:1998 or superseding standard.

 Outside the hours of 7:00am to 7:00pm; or  On a Sunday or Public Holiday

Such application for Review must be made not more than twenty eight (28) days after the date of Council’s decision via the form available from the State Administrative Tribunal (copies available from the State Administrative Tribunal, Level 4, 12 St Georges Terrace, Perth or GPO Box U1991, Perth, WA, 6845, or www.sat.justice.wa.gov.au or from Council’s offices), and should be accompanied by the relevant fee detailed in Schedule 18 of the State Administrative Tribunal Regulations 2004).

Mr Ian Birch Presiding Member, Metro East JDAP Page 14

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12. If the development subject of this approval is not substantially commenced within a period of 24 months from this approval, the approval shall lapse and be of no further effect.

13. Where the approval has so lapsed, no development shall be carried out without the further approval of the City having first been sought and obtained.

14. For the avoidance of doubt, the proposed Pharmacy as shown on the plans is currently a prohibited use and this approval does not regulate that use.

The Report Recommendation was put and CARRIED UNANIMOUSLY.

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

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

9.1 Property Location: 125 (Lot 108) Murdoch Road, Thornlie Development Description: Convenience Store Proposed Amendments: Deletion of Condition 12 Applicant: Peter Webb & Associates Owner: R.D.C. Projects (WA) Pty Ltd Responsible Authority: City of Gosnells DAP File No: DAP/18/01458

REPORT RECOMMENDATION

Moved by: Cr Ron Mitchell Seconded by: Mr Peter McNab

That the Metro East Joint Development Assessment Panel (JDAP) resolves to:

1. Accept that the DAP Application reference DAP/18/01458 as detailed on the DAP Form 2 dated 27 November 2018 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011; and

2. Approve the DAP Application reference DAP/18/01458 as detailed on the DAP Form 2 date 27 November 2018 and accompanying plans in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Gosnells Town Planning Scheme No.6, for the proposed minor amendment to the approved Convenience Store at 125 Murdoch Road, Thornlie, for the following reasons:

Amended Conditions

1. Delete Condition 12 of DAP/18/01458 as follows:

Mr Ian Birch Presiding Member, Metro East JDAP Page 15

Meeting No. 184 3 January 2019

Road, to the satisfaction of the City of Gosnells. The trees must be retained and protected from development works to the satisfaction of the City of Gosnells at all times.”

2. Insert new Condition No.12 to state that:

“12. Prior to commencement of the development, the landowner/applicant must pay the amenity value and removal cost of the four street trees (identified as Tipuana Tipu), in accordance with the amenity tree evaluation dated 6th December 2018.

The landowner/applicant must submit a request to the City in writing for an invoice to meet the total cost of the removal of the four Tipuana Tipu trees.

The landowner/applicant is not permitted to undertake removal of, or engage a contractor to, undertake removal of any verge tree. The City will remove the trees.”

All other conditions and requirements detailed on the previous approval dated 18 October 2018 shall remain unless altered by this application.

Advice Notes

Nil.

AMENDING MOTION

Moved by: Mr Peter McNab Seconded by: Cr Ron Mitchell

That the Amended Condition 2 be amended to read as follows:

Insert new Condition No.12 to state that:

The landowner/applicant must submit a request to the City in writing for an invoice to meet the total cost of the removal of the four Tipuana Tipu trees.

The landowner/applicant is not permitted to undertake removal of, or engage a contractor to, undertake removal of any verge tree. The City will remove the trees.”

The Amending Motion was put and CARRIED UNANIMOUSLY.

REASON: To provide for payment of a specific sum for the obligation imposed by the condition.

Mr Ian Birch Presiding Member, Metro East JDAP Page 16

Meeting No. 184 3 January 2019

REPORT RECOMMENDATION (AS AMENDED)

That the Metro East Joint Development Assessment Panel (JDAP) resolves to:

Amended Conditions

1. Delete Condition 12 of DAP/18/01458 as follows:

“12. Prior to applying for a Building Permit, revised plans are to be provided that reconfigure the internal pedestrian crossing connecting to Murdoch Road to enable the retention of the four existing trees adjacent Murdoch Road, to the satisfaction of the City of Gosnells. The trees must be retained and protected from development works to the satisfaction of the City of Gosnells at all times.”

2. Insert new Condition No.12 to state that:

The landowner/applicant must submit a request to the City in writing for an invoice to meet the total cost of the removal of the four Tipuana Tipu trees.

The landowner/applicant is not permitted to undertake removal of, or engage a contractor to, undertake removal of any verge tree. The City will remove the trees.”

All other conditions and requirements detailed on the previous approval dated 18 October 2018 shall remain unless altered by this application.

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

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

Cr Julie Brown and Cr Ron Mitchell left the panel at 10.09am.

Mr Ian Birch Presiding Member, Metro East JDAP Page 17

Meeting No. 184 3 January 2019

10. Appeals to the State Administrative Tribunal

Current Applications LG Name Property Location Application Description City of 7 (Lot 10) Kelvin Road, Motor Vehicle Sales and Motor Gosnells 1910 (Lot 6) and 1914 (Lot Vehicle Repair 12) Albany Highway, Maddington City of Swan Lot 100 (3301) West Swan Proposed Roadhouse, Road, Caversham Restaurant/Tavern and Tourist Facilities (short stay accommodation) City of Lot 7 (24) Valencia Road, Expansion of Valencia Nursing Kalamunda Carmel Home with Additional Beds and Associated Facilities City of Lot 42 (116) Union Road, Demolition of Existing Dwelling Kalamunda Carmel and Ancillary Structures, Construction of (Tourism Development) including Short Term Accommodation Micro- distillery (Gin Brewery), Restaurant, Apiculture and Single Dwelling

11. General Business / Meeting Close

The Presiding Member announced 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 12.48pm.

Mr Ian Birch Presiding Member, Metro East JDAP Page 18