Metro Central Joint Development Assessment Panel Agenda Meeting Date and Time: 18 September 2019, 9:00 AM Meeting Number: MCJDAP/366 Meeting Venue: Department of Planning, Lands and Heritage 140 William Street Perth Attendance DAP Members Ms Megan Adair (Presiding Member) Ms Rachel Chapman (Deputy Presiding Member) Mr Michael Hardy (Specialist Member) Cr Chris Cornish (Local Government Member, City of Bayswater) Cr Catherine Ehrhardt (Local Government Member, City of Bayswater) Officers in attendance Mr Remajee Narroo (City of Bayswater) – via teleconference Mr Steven De Piazzi (City of Bayswater) – via teleconference Minute Secretary Ms Ashlee Kelly (DAP Secretariat) Applicants and Submitters Mr Nik Hidding (Peter Webb & Associates) Mr Brendan Foley (Thomson Geer) Members of the Public / Media Nil 1. Declaration of Opening The Presiding Member declares the meeting open and acknowledges the traditional owners and pay respects to Elders past and present of the land on which the meeting is being held. 2. Apologies Nil 3. Members on Leave of Absence Nil Version: 2 Page 1 4. Noting of Minutes Signed minutes of previous meetings are available on the DAP website. 5. Declarations of Due Consideration Any member who is not familiar with the substance of any report or other information provided for consideration at the DAP meeting must declare that fact before the meeting considers the matter. 6. Disclosure of Interests Nil 7. Deputations and Presentations 7.1 Mr Brendan Foley (Thomson Geer) presenting in support of the application at Item 9.1. The presentation will address legal submission regarding the application. The City of Bayswater may be provided with the opportunity to respond to questions of the panel, as invited by the Presiding Member. 8. Form 1 – Responsible Authority Reports – DAP Applications Nil 9. Form 2 – Responsible Authority Reports – Amending or cancelling DAP development approval 9.1 Property Location: No.34 (Lot 9) Jackson Street, Bayswater Development Description: Proposed Service Station with Associated Convenience Store and Two Fast Food Outlets Additions to Existing Concrete Recycling Facility Proposed Amendment: Review of Conditions 4 and 11 of the Development Approval Applicant: Peter Webb & Associates Owner: Horizon 73 Pty Ltd and 2XT Pty Ltd Responsible Authority: City of Bayswater DAP File No: DAP/18/01492 10. Appeals to the State Administrative Tribunal Current Applications LG Name Property Location Application Description City of Melville Nos. 10, 12 & 14 (Lots 311, 20 Storey Mixed-Use Development 800 & 801) Forbes Road comprising 97 Multiple Dwellings, and Nos. 40A, 40B & 40C 15 Short Stay Accommodation (Lots 802, 803 & 804) Units and 5 Non-Residential Kishorn Road, Applecross tenancies (Office, Restaurant, Shop and 2 Co-Working Spaces) City of South Lots 2-20 (72-74) Mill Point 36 Level (118.2m) Mixed Use Perth Road, South Perth Development Version: 2 Page 2 Current Applications LG Name Property Location Application Description City of South Lots 29-31 (50-52) Melville 31 Level (103.1m) Mixed Use Perth Parade, South Perth Development City of South Lot 220 (464) Canning 3-Storey Office Building Perth Highway, Como redevelopment plus Basement Parking with 2 Large Format Digital Signs (Advertisement) City of South Lots 81 and 82 (No.31) Mixed use development comprising Perth Labouchere Road and Lot commercial and residential land 12 (No.24) Lyall Street, uses (41 Storey) (next to Perth South Perth Zoo) City of South Lot 4 (No. 3) Lyall Street 43-Storey Mixed Development Perth and Lot 11 (No. 56) Melville Parade, South Perth 11. General Business / Meeting Closure In accordance with Section 7.3 of the DAP Standing Orders 2017 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment. Version: 2 Page 3 Form 2 – Responsible Authority Report (Regulation 17) Property Location: No.34 (Lot 9) Jackson Street, Bayswater Development Description: Proposed Service Station with Associated Convenience Store and Two Fast Food Outlets Additions to Existing Concrete Recycling Facility Proposed Amendments: Review of Conditions 4 and 11 of the Development Approval DAP Name: Metro Central JDAP Applicant: Nik Hidding- Peter Webb & Associates Owner: Horizon 73 Pty Ltd 2XT Pty Ltd Value of Amendment: $ 2.2 million LG Reference: DA18-0430.01 Responsible Authority: Local Government - City of Bayswater Authorising Officer: Manager Development Approvals DAP File No: DAP/18/01492 Report Date: 6 September 2019 Application Received Date: 18 July 2019 Application Process Days: 37 days Attachment(s): 1. Previous Determination Notice 2. Location Plan 3. Applicant's Submission 4.Helliwell Assessment 5.City's Policy Trees on Private Land and Street Verges 6.Urban Tree Policy 7.City's Fees and Charges Officer Recommendation: That the Metro Central JDAP resolves to: 1. Accept that the DAP Application reference DAP/18/01492 as detailed on the DAP Form 2 dated 8 July 2019 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011; 2. Approve the DAP Application reference DAP/18/01492 as detailed on the DAP Form 2 dated 8 July 2019 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 Bayswater Town Planning Scheme No.24, for the proposed minor amendment to the approved Proposed Service Station with Associated Convenience Store and Two Fast Food Outlets Additions to Existing Concrete Recycling Facility at No.34 (Lot 9) Jackson Street, Bayswater subject to the following: Page 1 Amended Conditions 1. Condition 4 is maintained. 2. Condition 11 is amended as follows: No storage or display of goods is to occur outside the building except for an ice box, bagged wood, a gas cylinder storage cage and bottled water to the satisfaction of the City of Bayswater. All other conditions and requirements detailed on the previous approval dated 20 March 2019 shall remain unless altered by this application. Details: outline of development application Zoning MRS: Industrial TPS: General Industry Use Class: Service Station 'D', Convenience Store 'D', Fast Food Outlets 'D' Strategy Policy: Not applicable Development Scheme: City of Bayswater Town Planning Scheme No. 24 Lot Size: 17,611m² Existing Land Use: Concrete Recycling Facility The amended development application includes the review of the following planning conditions 4 and 11: "4. Prior to the removal of the seven verge trees, the owner/applicant is to pay the City of Bayswater the amount of $22,320 as determined by the Helliwell Assessment undertaken by the City to compensate for the loss of amenity value provided by these trees. 11. No storage or display of goods is to occur outside the building, to the satisfaction of the City of Bayswater." Background: The original Form 1 Development Assessment Panels (DAP) application was approved by the Joint Development Assessment Panels (JDAP) at its meeting held on 7 March 2019 subject to conditions (Attachment 1). The subject site is surrounded by existing industrial buildings and located on the corner of Collier Road and Jackson Street backing onto Tonkin Highway (Attachment 2). Legislation and Policy Legislation • Planning and Development Act 2005; • Planning and Development (Local Planning Schemes) Regulations 2015; • City of Bayswater Town Planning Scheme No. 24. Page 2 Consultation: Public Consultation The amended application was not advertised. Consultation with other Agencies or Consultants Not applicable. Planning Assessment: The applicant seeks the review of the following conditions: "4. Prior to the removal of the seven verge trees, the owner/applicant is to pay the City of Bayswater the amount of $22,329 as determined by the Helliwell Assessment undertaken by the City to compensate for the loss of amenity value provided by these trees. 11. No storage or display of goods is to occur outside the building, to the satisfaction of the City of Bayswater." The applicant has provided justification for the deletion of condition 4 and reconsideration of condition 11 as per Attachment 3 which includes the following: Condition 4 • No copy of the Helliwell Assessment was provided to JDAP or the applicant. • Legal advice received by the applicant is that condition 4 does not have a proper planning purpose, has no nexus to the proposed development and therefore the condition is not valid. • There is no requirement to pay this amount of money given the trees are required to be removed for the following reasons: (a) To provide visibility to the two approved pylon signs from the street. (b) To construct new crossovers and provide sightlines for vehicles entering/exiting the site. (c) Some of the trees are not in good condition. (d) The trees can impact on the proposed driveway due to their location. Condition 11 • It is common practice that service stations operators typically store and display goods such as ice, wood, gas bottles and water bottles outside the building. Therefore amendment to Condition 11 is sought to allow for this type of outdoor storage of goods outside building. Officer Comments Condition 4 A copy of the Helliwell Assessment was requested neither by the applicant nor by the JDAP prior to the application being considered. A copy of the Helliwell assessment is provided as per Attachment 4. Page 3 The City’s Town Planning Scheme No. 24, with the inclusion of the Helliwell valuation system looks to protect the City’s verge tree assets and deter their removal for the benefit of the community in order to maintain the many benefits that trees provide. The ultimate intent is to encourage applicants to look at using the available space on the verge to facilitate their needs and maintain trees in situ, whilst realising that trees not only hold great environmental value, but a monetary one too.