Ordinary Meeting of Council 11 March 2020 3.3 PROPOSED SUBDIVISION - LAND TO THE NORTH-EAST OF CRANWOOD CRESCENT, VIVEASH (SB001-20) Ward: (Midland/Guildford Ward) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning and Development) Cr Catalano declared an impartiality interest in Item 3.3 - Proposed Subdivision - Land to the North-East of Cranwood Crescent, Viveash (SB001-20) as she is a member of the Blackadder Catchment Group which made a submission. KEY ISSUES • The Western Australian Planning Commission (WAPC) has referred for comment a proposed subdivision for 60 residential lots, which seeks to vary the existing approved (but unconstructed) subdivision of 30 lots located on land owned by Midland Brick to the east of Cranwood Crescent and south of Reg Bond Reserve in Viveash. • The land is zoned 'Residential Development' under the City’s Local Planning Scheme No.17 (LPS17). While this zone normally requires the preparation of a structure plan to guide subdivision, the existing approved subdivision over the site occurred in the 1960s well before the zone came into effect and so the proposed re-subdivision of the land cannot be considered to prejudice the specific purposes and requirements of the structure planning area. • The application was advertised to residents within Viveash in order to inform Council’s recommendation on the subdivision to the WAPC. • The City received 49 submissions of which 46 were objections to the proposal and the remaining three (3) were non objections. The key issues raised in the objections concerned the loss of amenity and environmental impact due to the clearing of vegetation, the small size of the lots proposed and resultant increased traffic, noise and demand on public open space (POS) and local services. • The proposal entails no additional clearing of vegetation beyond that which would be entailed to construct the existing subdivision and a minimal increase in estimated traffic (284 additional vehicles per day). • City staff consider that the proposal represents an improvement on the existing approved subdivision by virtue of the extension of Eveline Road and the provision of some public open space, which complies with the !0% requirement. • Notwithstanding City staff consider that the proposed public open space area of 3341m2 should be increased to 4000m2 consistent with the City’s policy and to afford the retention of a greater number of wandoo trees indicated as potential habitat for black cockatoos. Ordinary Meeting of Council 11 March 2020 It is recommended that the Council resolve to recommend to the Western Australian Planning Commission (WAPC) that the subdivision application be approved subject to conditions. AUTHORITY/DISCRETION Section 142 of the Planning and Development Act 2005 requires the WAPC to refer a plan of subdivision to a local government that might be affected by that plan, for any objections and recommendations. BACKGROUND Applicant: Element Advisory Pty Ltd Owner: Boral Bricks Western Australia Pty Ltd (trading as Midland Brick Company Pty Ltd) - (Director/s: Wayne Stuart Manners, John Wayne Ralph and Paul Andrew Connor) Zoning: LPS17 - Residential Development MRS - Urban Strategy/Policy: Liveable Neighbourhoods Policy SPP 3.7 – Planning in Bushfire Prone Areas SPP 4.1 – State industrial buffer SPP 5.1 – Land use planning in vicinity of Perth Airport Local Planning Policy POL-LP-1-12 – Public Open Space and Community Buildings Development Scheme: Local Planning Scheme No.17 Existing Land Use: Vacant Site Area: 4.2691ha DETAILS OF THE PROPOSAL The WAPC has referred an application for a proposed residential subdivision in Viveash to the City for comment. The subdivision site comprises an area of approximately 4.3ha located along the western boundary of the Midland Brick brickworks site and directly south of Reg Bond Reserve and the Swan River. The land is currently owned by Midland Brick as surplus land, however the applicant has advised that a consortium of new owners, comprising Linc Property, Fini Group and Birchmead (part of the CFC Group), is in the process of purchasing the land and surrounding brickworks site from Midland Brick. The subject site currently comprises of 30 existing titled lots and a network of existing unconstructed road reserves that were created in the 1960s but never developed and so the site remains vacant to date. The application seeks to modify the existing subdivision layout by proposing a new design, the key details of which are: • Total 60 residential freehold lots ranging in size from 200m2 to 734m2 (R20 – R40 density). The lots are intended to be developed for single residential dwellings in two (2) forms: traditional single houses with street frontage, and terrace-style laneway housing overlooking public open space; Ordinary Meeting of Council 11 March 2020 • A new 0.3341ha public open space; • A new 0.1626 ha temporary stormwater drainage lot; and, • New roads linking existing road reserves for vehicular and pedestrian connectivity, including the extension of Eveline Road to the east to create a new connection to Viveash via Great Northern Highway. PUBLIC CONSULTATION The subdivision underwent the following public consultation process for 27 days between 14 January and 10 February 2020: • written notice to all landowners within Viveash west of Cranwood Crescent; • written notice to the Blackadder/Woodbridge Catchment Group Inc; • two (2) signs on site at Winston Crescent and Cranwood Crescent; and, • publication on the City's website. 49 submissions were received, of which 46 were objections to the proposal and the remaining three (3) were non objections. The following is a summary of the key issues raised in the public submissions: • Loss of amenity and the detrimental environmental impacts of the clearing of vegetation on Black Cockatoo habitat and other native wildlife corridors; • Detrimental impact of increased traffic and noise on amenity, road congestion, and pedestrian and traffic safety. There is already high traffic and a lack of cycle and foot paths in the area to safely access existing parks and reserves; • Lot sizes are too small and will detract from the character of Viveash. Increased population will cause excessive demand on existing parks, schools and infrastructure, including water supply and pressure; • POS allowance is too small, there is no place to kick a ball or provide a playground for young children; • Potential noise, dust, rubbish and other contaminants from Midland Brick and construction activities, particularly with the removal of the existing earth bund; • Lack of consultation with traditional owners about Aboriginal heritage. City staff advise that the WAPC, as the determining authority for the subdivision application, will refer the plan of subdivision to any affected state public authority or utility service provider for comments and recommendations, including matters concerning Aboriginal heritage, environmental and water resources, site contamination, schools and utility services. Council is directed to the 'Details' section of this report for the Assessing Officer’s response to all other issues raised in the submissions that relate to planning considerations and the City’s regulatory functions as a local government. Ordinary Meeting of Council 11 March 2020 DETAILS Zoning: The land is zoned 'Residential Development' under LPS17. While this zone normally requires the preparation of a structure plan to guide subdivision and development, the existing approved subdivision over the site occurred in the 1960s well before the zone came into effect and so the proposed re-subdivision of the land cannot be considered to prejudice the specific purposes and requirements of the structure planning area. Pursuant to clause 5A.1.4.2 of LPS17, City staff consider that the proposed subdivision is acceptable for approval by the WAPC subject to recommended conditions as discussed in the following sections. Lot Sizes and Density: A number of objections cited that the proposed lot sizes are too small for Viveash and will detract from the existing, unique character of the area. The proposed Density Plan for the subdivision is shown in Attachment 4. Most of the proposed lot sizes correlate to the R20 code (minimum 350m2 lot area), with the slightly higher R25 code (minimum 300m2) applicable to corner / end lots, and the R40 code (minimum 180m2) applicable to four (4) laneway lots in the south of the site. The proposed lot sizes and density are largely consistent with the R20 and R25 density range applied to The Crescent residential subdivision by Pindan Group directly west of the site that was approved in 2016, however the lot sizes are smaller than most of the existing residential lots further to the west within the older part of Viveash, which is mostly dual coded R20/35 with some R15 and R20 coded lots. Although the proposed lot sizes are smaller than most lots in the older part of Viveash, City staff do not consider that the proposed density is inappropriate within the context of the Viveash locality because the dual coding of R20/35 envisages, and in fact promotes, opportunity for infill development at a minimum lot size of 220m2 at the higher R35 code. The proposed lot sizes of the subdivision meet the minimum area requirements for the applicable density codes and will facilitate the development of single residential dwellings in keeping with the existing form of housing in the area and expectations of current and future residential amenity. Clearing of Vegetation