3.2 PROPOSED AMENDMENT TO LOCAL PLANNING SCHEME NO. …€¦ · Page 1 It was noted that Cr Haynes...
21
Ordinary Meeting of Council 4 February 2009 Page 1 It was noted that Cr Haynes had declared a financial interest in Item 3.2 by virtue of a donation towards her election campaign. It was decided to bring this item forward and Cr Haynes remained outside the Chamber and was absent during the whole of the debate on Item 3.2 and did not speak or otherwise participate in the decision making process. 3.2 PROPOSED AMENDMENT TO LOCAL PLANNING SCHEME NO. 17 - MODIFYING SCHEDULE 4 OF SCHEME TEXT - EXTINGUISHING THE RESTRICTIVE COVENANT IN ELLENBROOK FOR AN ADDITIONAL TEN PROPERTIES (North) (Development Services) KEY ISSUES • A restrictive covenant, Document Number 1687182, was issued over a number of lots within Ellenbrook in order to concentrate retail and retail related activity within the land owned by the Insurance Commission of WA (ICWA). • Schedule 4 - Special Use Zones No. 4 (5) of Local Planning Scheme No. 17 (LSP No. 17) identifies the parcels of land that are no longer subject to the restrictive covenant. These lots are generally on land that has been identified as Public Open Space in the Ellenbrook Development Plans. • The proposal is to insert a further 10 land parcels into Schedule 4 - Special Use Zones No 4 (5) of LPS No. 17 for the purpose of extinguishing the restrictive covenant, over these parcels of land. (These lots have inadvertently been subject to the above restrictive covenant despite being identified as reserves (public open space/PAW's etc).) • Including the additional land parcels into Schedule 4 - Special Use Zones No. 4 (5) will extinguish the restrictive covenant over the subject lots and thus allow the reserves to be vested in the City of Swan - Under the Crown. It is recommended that the Council resolve to initiate an amendment to LPS 17 to modify Schedule 4 - Special Use Zones No. 4 (5) by inserting ten additional land parcels, for the purpose of extinguishing the restrictive covenant, Document number 1687182. AUTHORITY/DISCRETION • Section 75 of the Planning and Development Act 2005 provides for local governments to amend a Local Planning Scheme. • Item 11 (1) of Schedule 7 of the Planning and Development Act 2005 provides for the extinguishment or variation of any restrictive covenant, easement or right of way.
Transcript of 3.2 PROPOSED AMENDMENT TO LOCAL PLANNING SCHEME NO. …€¦ · Page 1 It was noted that Cr Haynes...
Ordinary Meeting of Council 4 February 2009
Page 1
It was noted that Cr Haynes had declared a financial interest in Item 3.2 by virtue of a donation towards her election campaign. It was decided to bring this item forward and Cr Haynes remained outside the Chamber and was absent during the whole of the debate on Item 3.2 and did not speak or otherwise participate in the decision making process.
3.2 PROPOSED AMENDMENT TO LOCAL PLANNING SCHEME NO. 17 - MODIFYING SCHEDULE 4 OF SCHEME TEXT - EXTINGUISHING THE RESTRICTIVE COVENANT IN ELLENBROOK FOR AN ADDITIONAL TEN PROPERTIES
(North) (Development Services)
KEY ISSUES
• A restrictive covenant, Document Number 1687182, was issued over a number of lots within Ellenbrook in order to concentrate retail and retail related activity within the land owned by the Insurance Commission of WA (ICWA).
• Schedule 4 - Special Use Zones No. 4 (5) of Local Planning Scheme No. 17 (LSP No. 17) identifies the parcels of land that are no longer subject to the restrictive covenant. These lots are generally on land that has been identified as Public Open Space in the Ellenbrook Development Plans.
• The proposal is to insert a further 10 land parcels into Schedule 4 - Special Use Zones No 4 (5) of LPS No. 17 for the purpose of extinguishing the restrictive covenant, over these parcels of land. (These lots have inadvertently been subject to the above restrictive covenant despite being identified as reserves (public open space/PAW's etc).)
• Including the additional land parcels into Schedule 4 - Special Use Zones No. 4 (5) will extinguish the restrictive covenant over the subject lots and thus allow the reserves to be vested in the City of Swan - Under the Crown.
It is recommended that the Council resolve to initiate an amendment to LPS 17 to modify Schedule 4 - Special Use Zones No. 4 (5) by inserting ten additional land parcels, for the purpose of extinguishing the restrictive covenant, Document number 1687182.
AUTHORITY/DISCRETION
• Section 75 of the Planning and Development Act 2005 provides for local governments to amend a Local Planning Scheme.
• Item 11 (1) of Schedule 7 of the Planning and Development Act 2005 provides for the extinguishment or variation of any restrictive covenant, easement or right of way.
Ordinary Meeting of Council 4 February 2009
Page 2
BACKGROUND
Applicant: Roberts Day Town Planning + Design Owner: - Zoning: LPS 17 - Special Use MRS - Urban In order to concentrate retail and retail related activity a restrictive covenant was applied to the Ellenbrook landholding, upon the sale of the shopping centre site within the Ellenbrook Town Centre. The restrictive covenant inadvertently results in restricting the ability to vest land in the Crown as reserves. The City is not a party to the restrictive covenant.
PROPOSAL
To initiate an amendment to LSP 17 involving the inclusion of 10 Lots into Schedule 4 - Special Use Zones No 4 (5) (LPS No. 17) so that these lots are no longer subject to the restrictive covenant, and thus allow vesting of reserves in the City of Swan.
REPORT
The matter before the Council is to include 10 parcels of land into Schedule 4 - Special Use Zones No 4 (5) for the purpose of extinguishing restrictive covenant, document Number 1687182.
Schedule 4 - Special Use Zones No 4 (5) of (LPS No. 17) identifies the current reserves and formally extinguishes the restrictive covenants over them in accordance with item 11 (1) of Schedule 7 of the Planning and Development Act 2005. The Current Lots included in the above schedule, in LPS No. 17, are as follows;
Location Lot Description Area
Charlotte's Vineyard POS Lot 3079 3815m2
POS Lot 3666 5911m2
POS Lot 3668 4.6710ha
Drainage Lot 3832 3814m2
POS Lot 4165 3815m2
POS Lot 4782 1.6410ha
POS Lot 4991 1.5872ha
Drainage Lot 5221 15603m2
Ordinary Meeting of Council 4 February 2009
Page 3
Coolamon Village Drainage Lot 3848 2390m2
POS Lot 4388 2390m2
POS Lot 5190 882m2
POS Lot 5219 2.3804ha
POS Lot 5148 1212m2
POS Lot 5177 1161m2
POS Lot 2438 7.2230ha
POS Lot 5731 11,715m2
PAW Lot 5734 269m2
POS Lot 5710 2,301m2
POS Lot 5719 1,024m2
POS Lot 3055 1.2356ha
Town Centre Transit Corridor Lot 3001 1.3769ha
POS Lot 3983 3753m2
PAW Lot 4719 150m2
PAW 4786 498m2
Transit Corridor Lot 3002 1.6101ha
Parking Lot 5946 940m2
Parking Lot 4729 1,059m2
Woburn Village Portions POS Lot 4820 1,236m2
Woodlake Village POS Lot 842 1,171m2
POS Lot 6727 386m2
Morgan Fields POS Lot 9029 5.7917ha
Malvern Springs POS Lot 5991 83,780m2
POS Lot 6018 3,261m2
POS Lot 6100 1,806m2
POS Lot 6224 15,377m2
Ordinary Meeting of Council 4 February 2009
Page 4
POS Lot 6319 3,387m2
POS Lot 6411 2,546m2
POS Lot 6503 3,844m2
Drain Reserve Lot 6477 15,742m2
The following table identifies the reserves which are proposed to be included into Schedule 4 - Special Use Zones No 4 (5) of (LPS No. 17);
Ellenbrook Village Lot Number
Vesting Purpose Area
Town Centre 5521 Public Purpose (Police) 2012m2
Town Centre 5531 Public Purpose (Car Park) 922m2
Town Centre 5947 Public Purpose (Car Park) 1625m2
Town Centre 5980 PAW 552m2
Town Centre 5981 PAW 561m2
Malvern Springs 7086 Recreation 2.3168ha
Malvern Springs 7247 Recreation 2767m2
Malvern Springs 7248 Public Purpose (Civic & Cultural) 1225m2
District Centre 7199 Recreation 12.1025ha
District Centre 7200 Recreation 1.3317ha
The subject lots are zoned 'Special Use' under LPS No. 17. Schedule 4 - Special Use Zones No 4 (5) includes Ellenbrook specific clauses detailing the objectives of the estate and the framework for the implementation of subdivision and development within Ellenbrook via a Structure Plan and Development Plans.
The above reserves are in accordance with the City of Swan approved structure plans and the Western Australian Planning Commissions approved subdivision plans.
ATTATCHMENTS
Location Plans
Ordinary Meeting of Council 4 February 2009
Page 5
STRATEGIC IMPLICATIONS
Nil
STATUTORY ENVIRONMENT
• Section 75 of the Planning and Development Act 2005 provides for local governments to amend a Local Planning Scheme.
• Item 11 (1) of Schedule 7 of the Planning and Development Act 2005 provides for the extinguishment or variation of any restrictive covenant, easement or right of way.
Upon resolution to initiate a Scheme amendment, proposals are required to be referred to the Environmental Protection Authority (EPA) for determination, if environmental assessment is required. Upon response from the EPA, the City is required to advertise the proposal for 42 days prior to consideration of adopting the amendment for final approval.
FINANCIAL IMPLICATIONS
Nil
OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to not initiate an amendment to LPS 17, in which case the previously identified reserves will not be included in Schedule 4 - Special Use Zones No 4 (5) of Local Planning Scheme No. 17 (LSP No. 17).
Implication: The transfer of the vesting of those properties will not be effected, contrary to the intent and purpose of the original subdivision and the Ellenbrook Development Plan.
Option 2: Council may resolve to initiate an amendment, in which case the proposal will be advertised for public comment for 42 days. Following the assessment of submissions (if any) consideration for final approval will be determined by the Council. Final determination is by the Minister for Planning, whether Council resolves to proceed with the amendment or not.
Implication: Finalisation of the Scheme amendment will result in the subject properties being transferred or vested in the appropriate authorities or government agencies for which the purposes were set aside for accordingly.
Ordinary Meeting of Council 4 February 2009
Page 6
CONCLUSION
The subject reserves were identified in the approved and endorsed Ellenbrook Development Plans for each of the individual villages. Therefore, the inclusion of the subject reserves into Schedule 4 (5) of LPS No. 17 will allow for the reserves to be vested in the Crown as reserves.
RECOMMENDATION
That the Council resolve to:
1) Initiate an amendment to the City of Swan Local Planning Scheme No. 17 as follows:
"Inserting the following additional land parcels into Schedule 4 - Special Use Zones 4(5):
Location Lot Description Area
Town Centre Police Station Lot 5521 2012m2
Parking Lot 5531 922m2
Parking Lot 5947 1625m2
PAW Lot 5980 552m2
PAW Lot 5981 561m2
Malvern Springs POS Lot 7086 2.3168ha
POS Lot 7247 2767m2
Civic Use Lot 7248 1225m2
District Centre POS Lot 7199 12.1025ha
POS Lot 7200 1.3317ha."
2) Advertise the Scheme Amendment for public comment for a period of 42 days in accordance with the Planning & Development Act 2005.
MOTION that the Recommendation be adopted.
(Cr McNamara - Cr Holmes)
Ordinary Meeting of Council 4 February 2009
Page 7
RESOLVED UNANIMOUSLY TO:
1) Initiate an amendment to the City of Swan Local Planning Scheme No. 17 as follows:
"Inserting the following additional land parcels into Schedule 4 - Special Use Zones 4(5):
Location Lot Description Area
Town Centre Police Station Lot 5521 2012m2
Parking Lot 5531 922m2
Parking Lot 5947 1625m2
PAW Lot 5980 552m2
PAW Lot 5981 561m2
Malvern Springs POS Lot 7086 2.3168ha
POS Lot 7247 2767m2
Civic Use Lot 7248 1225m2
District Centre POS Lot 7199 12.1025ha
POS Lot 7200 1.3317ha."
2) Advertise the Scheme Amendment for public comment for a period of 42 days in accordance with the Planning & Development Act 2005.
Cr Haynes returned to the Chamber at 7.16pm.
Ordinary Meeting of Council 4 February 2009
Page 8
