3.3 PROPOSED GROUPED DWELLINGS AND COMMUNITY … · 2016-05-12 · Vicinity of Perth Airport"....

Ordinary Meeting of Council 21 March 2007

3.3 PROPOSED GROUPED DWELLINGS AND COMMUNITY FACILITY - LOT 241 WANGALLA ROAD, BELLEVUE

(Midland) (Development Services)

KEY ISSUES

• An application has been submitted for the development of 139 single storey built strata residential units with an attached community centre on the subject lot.

• The subject lot comprises the driving range of the Palm Grove Golf Course and is zoned "Rural" under the Metropolitan Region Scheme (MRS) and "General Rural" under the City's Town Planning Scheme No. 9.

• In accordance with a Clause 32 resolution made by the Western Australian Planning Commission (WAPC) in 1999, applications relating to a use of land which may not be consistent with the "Rural" zone are required to be referred to it for determination under the MRS. In the matter of the subject application, Council will make a recommendation only to the WAPC.

• The subject lot is affected by aircraft noise associated with Perth Airport and is covered by the 350K 20-25 and 25-30 ANEF contours. The lot is also listed in the City's records as a potentially contaminated site associated with past land uses and fill activities.

• The proposal has been categorised as "Grouped Dwellings" which is an "SA" use in the "General Rural" zone under the Scheme. In accordance with Scheme requirements, the proposal was advertised for public comment and referred to a number of agencies for comment comprising the Department for Environment and Conservation, Department of Water, Westralia Airports Corporation, Health Department of WA, service agencies and the Shire of Mundaring. The service agencies have expressed no objection and noted the requirement for developer funded connection to services. The Shire of Mundaring, which has jurisdiction of the land on the southern side of Clayton Road, advised of no objection as has the Department of Water. The DEC and WAC have objected to the proposal based on inconsistency with the WAPC Statement of Planning Policy (SPP) 5.1 “Land Use Planning in the Vicinity of Perth Airport”.

• The proposal is considered to be consistent with the SPP given the existing zoning provides for grouped dwellings as a discretionary use. Given the nature of the site and its location within a primarily urban residential area the application of the City’s policy on “Grouped Dwellings in Rural Zones” is considered inappropriate.

• Provision of a package of noise attenuation measures in the construction of the dwellings will achieve or exceed the deemed to comply requirements of AS2021 Acoustics - Aircraft Noise Intrusion - Building Siting and Construction.


• The density of development across the site corresponds to a density of R20, consistent with the surrounding locality and the proposed units achieve compliance with the Acceptable Development provisions of the R-Codes applicable to an R-20 coding. The density is considered to be justifiable under the provisions of the SPP.

• Access to the site from Clayton Street will need to be facilitated by an access easement imposed on the adjoining lot, which is part of the golf course. Such an arrangement is understood to have the consent of this adjoining landowner and would need to be formerly executed with the City as a party. Access from Wangalla Road is to be restricted to emergency situations only.

• Subject to fuller investigation of potential uncontrolled fill and remediation as required, and with the incorporation of necessary noise attenuation measures it is considered the proposal can be supported.

It is recommended that the proposal is consistent with WAPC Statement of Planning Policy 5.1 “Land Use Planning in the Vicinity of Perth Airport" and recommend to the WAPC approval of the application subject to special conditions as follows:

• A right of access easement is to be secured by the applicant over a portion of the adjoining Lot 1 Clayton Road Bellevue, to provide access to the development. This easement is to be prepared and executed with the City as a party.

• Provision of a suitable barrier restricting normal access to the development from Wangalla Road. Such a barrier is to be provided so as to allow for emergency access.

• All dwellings and the communal facility building to be constructed with the package of noise attenuation measures (as listed by the applicant) to comply with, or exceed, the standards specified in AS 2021.

• The applicant to undertake a full site assessment to determine the presence of any uncontrolled fill and if found to remove such fill and remediate the site to the satisfaction of the Department of Environment and Conservation.

• The operation and management of the communal facilities is to include provision for use by the general public. Details of such usage is to be subject to a Strata Management statement to be prepared by the applicant and approved by the City.

• A modified site plan indicting the extent of communal property and detailing the location of 34 visitor parking bays and bin pads is to be prepared and submitted.

And further standard conditions.


AUTHORITY/DISCRETION

The Western Australian Planning Commission is the determining authority in accordance with powers conferred upon it under Clause 32 of the Metropolitan Region Scheme.

BACKGROUND

Applicant: Turner Master Planners Owner: Huachong Development Pty Ltd Zoning: TPS - General Rural MRS - Rural Strategy/Policy: WAPC Statement of Planning Policy No.5.1 "Land Use

Planning in the Vicinity of Perth Airport" City of Swan Policy Pol-C-009 "Grouped Dwellings in Rural Zones"

Development Scheme: City of Swan Town Planning Scheme No.9 Existing Land Use: Golf Course Driving Range Lot Size: 7.2090 ha Area: Use Class: Dwellings: Grouped "SA" Club Premises "AA"

DETAILS OF THE PROPOSAL

The proposal is summarised as follows:

• 139 single storey residential built strata units of various configurations;

• communal open space area of 1.5 ha along southern boundary with Clayton Street with retained remnant vegetation;

• access from Clayton Street via proposed easement across adjoining golf course lot. Private internal loop road network with emergency link to Wangalla Road;

• private community centre comprising pool, gym, dining, library, home theatre facilities with limited access to the general public.

DESCRIPTION OF SITE

The subject site is a broadly rectangular lot of 7.2386 hectares in area situated on the northern side of Clayton Street in the locality of Bellevue. The lot currently comprises part of the Palm Grove Golf Course and is predominantly cleared of vegetation, with some remnant trees in the south-eastern corner fringing the creek that traverses this portion of the site. There is no direct access from Clayton Street with access via Wangalla Road, which terminates in a cul-de-sac at the lot's eastern boundary. The surrounding locality to the north, south and east is residential in nature, with some limited industrial development on lots abutting the golf course to the west. The lot


abuts the Koongamia Oval/School and residential lots to the east, a church on the abutting lot to the south (Shire of Mundaring), the Palm Grove Golf Course to the west and a strip of Parks and Recreation Reserve to the north.

SITE HISTORY/PREVIOUS APPROVALS

The subject lot has no record of development approvals however the property is listed as a potentially affected site due to past uses and activities understood to comprise potential tyre fill, clay extraction and small goods manufacture.

APPLICANT'S SUBMISSION

The applicant has provided justification for the proposal which is summarised below:

• The subject property is an infill site surrounded on three sides by residential zoning and existing residential landuse;

• The lot is unsuitable for rural/agricultural purposes;

• The density of proposed development is consistent with surrounding land;

• The locality lacks a variety of housing types that this development can provide. The site is strategically located to maximise use of existing facilities desirable for consolidated development;

• The public interest will be served by removing the existing floodlights on the driving range that have been a source of complaint and tension with the City in the past;

• It would be inappropriate to rezone the land to Industrial - the only other logical adjacent zoning - because the site abuts existing residential development;

• This proposal will facilitate development designed and built to provide noise attenuation measures incorporated and indoor sound levels in compliance with AS 2021;

• The SPP "Land Use Planning in the Vicinity of Perth Airport" is based on 350,000 aircraft movements per year. The actual current volume of aircraft movements per year out of Perth Airport is in the order of 80,000. At current rate of growth in aircraft movements it would take somewhere near 100 years to achieve this projected volume.

• The site can be remediated to remove any uncontrolled fill and can be connected to all services and infrastructure.

PUBLIC CONSULTATION

The application was advertised for public comment for a period of 28 days in accordance with Scheme requirements, with a sign onsite and a newspaper


advertisement inviting interested parties to make a submission, and written notification to adjoining residents. A total of 12 submissions were received, with three being objections on the grounds the density of the proposal is inconsistent with the existing character of the area, increase in traffic, noise and environmental damage to the existing creek. These issues will be addressed further in the Report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the following agencies, with their responses summarised as follows:

Department of Environment and Conservation

• Proposal on rural land is inconsistent with SPP 5.1 "Land Use Planning in the Vicinity of Perth Airport". Would lead to an undesirable increase in the aircraft-noise-affected population.

• Residential zoning may be acceptable and feasible in the 20-25 ANEF portion of the site, subject to requirements for noise insulation and notification on titles.

• The zoning of the subject land needs a full and proper review to assess alternative zonings that are less noise sensitive.

• Proposal requires further specification as to whether noise insulation is proposed for entire dwellings or just bedrooms.

• Noise insulation cannot provide for acceptable outdoor noise levels.

Westralia Airports Corporation

• Objects. The Development Application raises significant environmental issues, by proposing to locate sensitive land uses where they will be exposed to aircraft noise.

• Proposal is inconsistent with State Planning Policy No.5.1: Planning in the Vicinity of Perth Airport.

• Proposes residential land use in an area where there is likelihood that the amenity of future residents will be unreasonably affected by aircraft noise.

Department of Water

• No objection to proposal; however, requires an integrated urban water management consistent with Liveable Neighbourhoods Edition 3 and the "Stormwater Management Manual for Western Australia".

• Recommends no stormwater into creek and maintenance of a 30 metre wide vegetation buffer adjacent to creek.

Department of Health

• No objection - however all development to be connected to reticulated sewer.


• Noise control measures being acceptable to Department of Environment and Conservation (DEC).

• Assessment and remediation of the contaminated sites being satisfactory to DEC.

Water Corporation

No objection - connection to water and sewer available at developer's expense.

Western Power

No objection – connection to power services available at developer's expense.

Telstra

No objection- provision of normal services.

Alinta Gas

No objection- provision of normal services.

REPORT

Zoning and Permissibility of Uses

The subject land is zoned "Rural" under the Metropolitan Region Scheme and "General Rural" under the City's Town Planning Scheme No.9.

A Notice of Delegation by the Western Australian Planning Commission gazetted in 1999 requires that applications for development and/or the use of land which may not be consistent with the "Rural" zone be referred to it for determination. The application has been referred to the WAPC for its determination on this point.

The proposal is categorised as "Dwellings: Grouped" under the City's Scheme, with this use being designated "SA" in the "General Rural" zone. The purpose and intent of the "General Rural" zone is to retain the rural character of the area, encourage a range of rural pursuits and to ensure that land uses are sustainable and compatible with the capability of land. Matters of rural character and land use, as they relate to this proposal, will be discussed below with reference to Council policy.

The proposed communal facilities are considered to comprise a “Club Premises” and are incidental to and associated with the overall development. A “Private Club” is an “AA” use within the zone.

City of Swan Policy Pol-C-099 "Grouped Dwellings in Rural Zones"

The objectives of the Policy are stated as:


"To ensure that proposals for grouped dwellings on rural zoned land are only approved where there will be no negative impacts on the amenity of the area and are consistent with the objectives of the relevant zone and the provisions of any adopted Rural Strategy or other relevant statutory provisions including the Swan Valley Planning Act.

To minimise the potential for inappropriate residential development in rural areas, which could lead to fragmentation of rural zoned land."

Accordingly, the Policy statement seeks to limit favourable consideration of grouped dwellings on rural zoned land to whether that land has subdivision potential, such that the number of dwellings that can be developed directly equates to the number of lots that could be created by subdivision. Further the statement indicates that Council will not approve grouped dwellings on any lot that is not included within an adopted Rural Strategy or other relevant statutory provisions, or that has no subdivision potential under an adopted Rural Strategy or other statutory provisions.

The rationale explains that increasing the density of dwellings in rural areas can lead to:

• Loss of viable agricultural land;

• Increased likelihood of vegetation clearing and erosion;

• Increased pressure for subdivision of rural land;

• Visual intrusion of residential development in the rural landscape;

• Inappropriate density of development;

• Increased pressure on rural infrastructure, such as water, power and effluent disposal.

The critical aspect in the consideration of this application within the context of this policy is not whether it complies with the policy or not, but rather whether the policy is in fact relevant to the application at all. It is contended here that the rationale of the policy is not applicable to the subject proposal for the following reasons:

• The subject lot is just over seven hectares in area and represents an isolated pocket of land surrounded by residential and industrial development on all sides. It is not currently, nor has it in the last 20-30 years, been used for agricultural purposes. It therefore is not considered to constitute viable agricultural land.

• The lot is already predominantly cleared of vegetation, with the remnant portion being along the creekline which traverses the south-east portion of the site. The creek and vegetation are proposed to be contained within an undeveloped area of private communal open space. There will be limited vegetation clearing or erosion.

• In this instance the policy's intent of limiting the development of grouped dwellings on rural land to prevent de-facto subdivision and consequently the fragmentation of agricultural landholdings is not applicable. The lot is not considered to constitute viable agricultural land.

• The locality of the subject lot is predominantly urban residential with adjoining industrial development. It is not a rural area and there can be no question of potential impact on rural landscapes.


• The density of development, which across the site on average equates to a coding of R20, is consistent with the coding of residential land to the north and east of the site, within the City of Swan. On this basis the density of development is not considered to be inappropriate.

• The development will be connected to existing water, sewerage and power services (which are to an urban capacity) at the developer's cost. There will be no pressure on the capacity of existing services from the proposed development.

Given the above and noting that the proposal, which constitutes urban development, is not considered to have any adverse impacts on the amenity of the area, it is recommended that Council set aside this policy in its consideration of the application.

WAPC Statement of Planning Policy No. 5.1 - "Land Use Planning in the Vicinity of Perth Airport"

The Policy applies to land in the vicinity of Perth Airport, which is, or may in the future, be affected by aircraft noise. The policy provides criteria and recommendations for areas affected by the 350K 20-25 ANEF (Aircraft Noise Exposure Forecast) and 25 and above ANEF. The subject lot is affected by both the 20-25 ANEF and 25-30 ANEF contours with approximately 80% of the lot under the higher contour.

In relation to land affected by 20-25 ANEF the policy advises:

• Zoning and development controls should take into consideration the Building Site Acceptability Table from Australian Standard AS 2021 Acoustics - Aircraft Noise Intrusion - Building Siting and Construction. This table indicates that within this contour houses are noted as Conditionally Acceptable.

• Where land is zoned for residential development or to permit residential development, maximum dwelling density should generally be limited to R20.

• Development to a density greater than R20 may be considered where there is a strategic need for more consolidated development, a higher density of development is desirable to facilitate redevelopment or infill development of an existing residential area.

• Noise insulation is not mandatory but may be applied to development at the discretion of the determining agency.

• Notification that land is affected by aircraft noise with potential for nuisance is required to be lodged on titles as condition of subdivision or development approval.

In relation to land affected by 25 and above ANEF the policy advises:

• Zoning and development controls should take into consideration the Building Site Acceptability table from AS 2021. This table indicates that within this contour houses are noted as "Unacceptable".

• There is a presumption against zoning which may permit development involving building types identified as "unacceptable" with reference to the Building Site Accessibility table from AS 2021.


• Where land has already been zoned to permit development defined as "unacceptable", and where in the opinion of the local government, it is not practical to allocate the land for alternative uses, existing zoning may remain.

• No further development is to take place where it would result in an increase in the number of people likely to be accommodated, unless it is consistent with the zoning and density coding of the land. Where no density coding is prescribed, maximum density should generally be limited to R12.5.

• Subject to certain specified exemptions, any planning approval for development involving building types designated as "unacceptable" must impose as a condition noise insulation to meet indoor design sound levels as prescribed by AS 2021.

• Notification that land is affected by aircraft noise with potential for nuisance is required to be lodged on titles as a condition of subdivision or development approval.

• Under no circumstances should Rural or other non-residential zoned land be rezoned for residential development or any other form of development involving building types identified as "unacceptable".

• The Building Site Accessibility Table from AS 2021 notes - in no case should new development take place in greenfield sites deemed unacceptable because such development may impact airport operations.

With respect to determining whether the subject proposal is compliant with the SPP the following points are noted:

• In relation to development within the 20-25 ANEF contour, Clauses 4.3.4 (1) states "Development may be approved provided it is consistent with zoning and density coding of the land." As already noted, the zoning of "General Rural" under the City's Scheme provides for "Dwellings: Grouped" as a discretionary use. Whilst there is no density coding applicable to General Rural land under the Scheme, Part (3) of Clause 4.3.4 of the SPP provides "Where no density coding is prescribed for Residential zoned land, the maximum density should generally be limited to R20". The land is zoned to allow residential use in the very real sense that grouped dwellings are a discretionary use, so it is considered the proposal is consistent with the SPP in this respect.

• The above considerations are also applicable to development within the 25 and above ANEF contour. Whilst there is a stated presumption under the SPP against zoning that permits development defined as "unacceptable" under AS2021, point (3) of Clause 4.4.1 states "Where land has already been zoned to permit development defined as "unacceptable", and where in the opinion of the local government, it is not practical to allocate the land for alternative uses, existing zoning may remain." The land is zoned to allow residential development and the matter of the practicality of alternative zonings is clearly stated under the SPP as being at Council's discretion. At this point in time the Council is not able to consider any alternative zonings pending the gazettal of its draft Town Planning Scheme 17. Notwithstanding, alternative zonings would likely be limited to providing for some form of Industry or Commercial use, the practicality of which may be doubtful given immediately abutting residential uses and strategic locational concerns.


• Given that the zoning provides for grouped dwelling development but no density coding applies, the SPP stipulates the application of the R12.5 coding as the maximum density for development. Exceptions are provided for under Clause 4.4.2 of the SPP under the following circumstances:

(i) A higher density is necessary to facilitate re-development or infill development of an existing residential area;

(ii) There is a strategic need for more consolidated development;

(iii) There is some other public interest reason which justifies the need for higher density coding;

(iv) A higher density would facilitate the concurrent provision of noise insulation in accordance with the indoor design sound levels prescribed in AS2021.

In relation to these matters the applicant has advised that a coding less than R20 is unlikely to make the development economically feasible. It is recognised that there is a strategic need at the state government level to provide for appropriate urban consolidation within the Perth Metropolitan area, particularly in nodal locations in proximity to established centres. Such principles have been accepted by the City, are reflected in its corporate plan, and the proposed development is consistent with this.

In particular, the higher R20 coding provides for the development of a private community facility, where the lower R12.5 coding is unlikely to make this feasible. Further, this facility is intended to be available for some degree of general public use, which is welcomed by the Bellevue Ratepayers Association. As such the higher density is considered to be consistent with the public interest. Finally, all proposed dwellings, not just those within the 25 ANEF and above contour, are proposed to incorporate noise insulation requirements.

It is considered that the proposal is consistent with the terms of discretion under the SPP and it is therefore open to Council to consider the development on its merits.

Noise Mitigation

The applicant has detailed that the all proposed units will be constructed with a package of noise mitigation measures comprising:

• Construction - Slab-on-ground;

• Walls - Double brick cavity;

• Roof - Pitched, minimum 24 degrees slope, masonry tiles or metal sheet with acoustically sealed sarking (impervious membrane) over rafters;

• Ceiling - Plasterboard 10mm minimum thickness, isolated from roof structure, i.e. not attached to rafters or roof trusses;

• Insulation - Fibrous thermal insulation R3 between ceiling joists and covered flexible noise blanket;

• Windows - Double glazed laminated with 8.38 and 6.38mm glass with 25mm air gap and acoustic or resilient flap weather seals to frames.


• Doors - Solid core 40mm or greater with acoustic or resilient flap weather seals to frames. Doors with glass panels are to match the standard for windows above.

• Ventilation - Split system refrigerated.

These measures have been contrasted with the construction standards deemed to comply with AS 2021 and indicated as follows:

• Proposed roof construction - Rw56

• Deemed to comply roof construction - Rw53

• Proposed window construction - Rw40

• Deemed to comply window construction - Rw33

In these aspects the proposed measures exceed the package of noise attenuation measures deemed to comply with AS 2021.

Notwithstanding it must be noted that these measures will not provide any noise mitigation to outdoor habitable areas such as the outdoor courtyards provided for each of the units.

The SPP Policy in context

The Policy is based on a future growth estimate of 350,000 aircraft movements per year. The applicant has indicated that Perth Airport currently accommodates in the order of 80,000 aircraft movements per year, and that based on current growth rates in these figures it would take approximately 100 years to reach the 350,000 pa.

Further the determinant of noise exposure use in the policy is based on the noisiest aircraft type to which a locality has exposure. The Aircraft Noise Insulation for Residential Development in the Vicinity of Perth Airport Final Report February 2004 details that for the Bellevue/Greenmount locality the highest aircraft noise exposure is attributable to the 747-400 and 767 types.

Given the statistical infrequency of 747 arrivals which affect the Bellevue/Greenmount locality noise attenuation requirements are modelled on the noise levels emitted by the 767 type on arrival. Appendix 3 of this report details Aircraft Type and Movements Used for ANEF 350,000. This lists the volume of estimated arrivals of all 767 aircraft types using runway 24 (which effects Bellevue/Greenmount) as 11.21 during the day and 5.77 at night. Again these figures are based on an estimated volume that is in the order of four times the current volumes of aircraft movements for Perth Airport and it may be a substantial period of time based on current growth rates before these ultimate volumes would occur.

Proposal as precedent

The SPP clearly stipulates that no Rural zoned land should be rezoned to permit residential development in areas affected by the 25 ANEF and above contours. As has been established, no rezoning is necessary to facilitate this development and any favourable consideration of this proposal on its merits should not be construed as a precedent for proposed residential development on other "General Rural" zoned land similarly affected by aircraft noise. Firstly there is a limited number of such lots within the City, these being concentrated to:


• Approximately 6 lots outside of the Urban zoned area in West Swan;

• Three lots along West Parade, two of which comprise the Rosehill Estate Country Club and Golf Course;

• Three lots comprising part of Guildford Grammar School; and

• Two lots comprising the balance of the Palm Grove Golf Course

With the exception of the Palm Grove Golf Course lots, the location of these other lots, the context of their immediate surroundings and prevailing amenity are all different to the lot the subject of this proposal. Some directly abut the river and/or Parks and Recreation reserves. Some are affected by the floodplain. The differences in specific circumstances are sufficient to reinforce that any similar proposal would demand assessment based solely on its individual merits.

Potentially Affected Site

The subject lot and the abutting lots which comprise the Palm Grove Golf Course are detailed on the City's records as a Potentially Affected Site. This is a flagging mechanism that designates properties where past land uses and development may have contributed to contamination by foreign substances or materials with potential implications for human health or the structural integrity of buildings. Council records have indicated that the subject lot and the lots which comprise the golf course are subject to past applications for tyre fill, although the exact location and full extent of these are indeterminate. The geotechnical report provided by the applicant indicates that test holes had discovered uncontrolled fill in both the western and eastern portions of the subject lot to a depth of approximately one metre. Further extensive testing for such material and its removal is recommended by the consultant's report.

Accordingly, it is recommended that the applicant undertake further more extensive site assessment to determine the presence and extent of any uncontrolled fill and that such material be excavated and removed from the site prior to any building construction. These investigations and reporting should be in accordance with accepted Department of Environment and Conservation standards.

Design

Site Access

The subject lot has no direct frontage to Clayton Street and is instead accessed by Wangalla Road at its eastern boundary. The development concept proposes access via the abutting Lot 1 Clayton Road, Bellevue via an easement arrangement with this owner. Given that access to the development from Wangalla Road would generate an unacceptable level of traffic, and that this be restricted to emergency access only, it is recommended that the WAPC, prior to any approval of the application, require the easement to be executed with the City as a party. It is further recommended that any approval be conditioned to require provision of a suitable device/barrier at the lot's interface with Wangalla Road restricting general vehicle access but allows ready access in an emergency situation.

Density, setbacks, site coverage, private open space and parking

Whilst there is no designated density coding applicable to the subject lot under its "General Rural" zoning, the proposed 139 dwelling units equates to a density of


approximately 1 unit for every 517m2 of land. This corresponds to the average area per dwelling unit of 500m2 provided by the R20 density coding. Notwithstanding, the housing types proposed on lot areas to be designated for exclusive use under a strata plan are approximately 250m2 to 280m2 which corresponds to the minimum area provided for under the R30 and R35 density codings.

If this range (R30) is utilised for assessment of the proposed dwelling units then all units within the proposed development would comply with the Acceptable Development provisions of the Residential Design Codes of WA with respect to setbacks, site open space, the provision of outdoor living and storage areas and parking.

Road network, visitor parking, pedestrian access and servicing

The proposed development will be serviced by a road carriageway with a uniform minimum width of 6 metres. This is compliant with the City's adopted Property Development Design Guidelines. Verge widths vary to a maximum of 11 metres for the "loop road" where provision has been made for the inclusion of a 1.2 metre wide pedestrian pathway and visitor parking bays in parallel configuration. The Acceptable Development provisions of the Residential Design Codes indicate a requirement for 34 visitor bays (excluding parking bays required to service the community facilities) and the applicant's submitted plan provides 25 bays. There is sufficient room within the proposed verge areas in select locations within the development to accommodate nine additional bays. It is therefore recommended that Council request that the WAPC, should it wish to approve the proposal, require that 34 visitor parking bays be provided, in locations and to dimensions specified by the City, on a modified site plan.

The design of the development, whilst serviced by a loop road, provides 11 closed cul-de-sacs. These are of insufficient width to allow access by a rubbish collection truck and therefore will require the provision of sufficient verge area abutting the carriageway of the "loop road" to accommodate rubbish bins. Consideration of the precise location of such bin pads will need to account for the location of visitor parking bays within the verge and as such it is recommended that both be detailed on the same modified site plan.

It is noted that one of the cul-de-sac cells in the central portion of the proposed development does not appear to have sufficient road width to accommodate a pedestrian path. The Acceptable Development provisions of the RD-Codes specify:

'Where a communal accessway between a public street or a communal car parking area and individual dwellings serves 10 or more dwellings, there is a pedestrian path separate from vehicular access, designed according to Australian Standard (AS 1428.1 2002) on Access, to be barrier free and at least 1.2m in width."

Accordingly, it is recommended that this cul-de-sac cell, which provides access to 10 dwellings and which requires provision of two communal visitor bays in accordance with the Codes, should also be provided with a separate pedestrian path of 1.2 metres in width.

Communal facilities

In accordance with the Strata Titles Act 1985, all communal facilities proposed for the site will be comprised as a Common Property Lot or Lots. This will include the front portion of the site, an area of 1.5 hectares which contains the existing creek and the


majority of the site's remnant vegetation, the road carriageway, any verge areas and the proposed community facilities.

Community facility building

The applicant has proposed a single storey community building, of approximately 900m2 of indoor and outdoor area, which comprises dining facilities, lounge, library, games room, gym, home theatre, consulting rooms and hairdresser, pool and decking area, with an associated caretaker's residence. The facility is intended to provide for the residents of the development; however, the applicant has indicated the intention for some of the facilities to be available for use by non-residents. Given some of the uses proposed, such as the dining facility, hairdresser and consulting rooms, it is recognised by the applicant that these may require a greater catchment.

The extent of what will be available for use and to precisely whom has not been resolved. Notwithstanding the concessions provided, in accordance with the SPP, on the density of development is based on some aspect of public benefit. Accordingly it is recommended that as a condition of any development approval, the matter of public use of the facilities be detailed, to the satisfaction of the City, within a Strata Management Statement prepared and submitted by the applicant. The Management Statement should also address the management and upkeep of the 1.5 hectare common property lot to the front of the site.

It is recommended that the communal facility building also incorporate noise attenuation measures in its construction.

Services

Drainage

• The applicant will need to submit a Drainage Management Plan as a condition of any development approval and this will need to detail stormwater disposal through connection to Council’s system, and possibly partial onsite disposal. The discharge of stormwater into the creek should only be considered where it can be demonstrated, to the satisfaction of the City in consultation with the Department of Environment and Conservation that such discharge is complies with Liveable Neighbourhoods Edition 3 and the "Stormwater Management Manual for Western Australia".

A contribution to the Midland District Drainage system will be required as a standard condition of any development approval.

Sewer and power

Standard connection to normal urban services required.

OPTIONS AND IMPLICATIONS

Option 1: Council can resolve that the proposal is not consistent with WAPC Statement of Planning Policy 5.1 “Land Use Planning in the Vicinity of Perth Airport" and recommend to the WAPC refusal of the application on this basis.


This is not the recommended option.

Implications: The Applicant will have a right of appeal to the State Administrative Tribunal.

Option 2: Council can resolve that the proposal is consistent with WAPC Statement of Planning Policy 5.1 “Land Use Planning in the Vicinity of Perth Airport" and recommend to the WAPC approval of the application subject to special conditions as follows:

• A right of access easement is to be secured by the applicant over a portion of the adjoining Lot 1 Clayton Road Bellevue, to provide access to the development. This easement is to be prepared and executed with the City as a party.

• Provision of a suitable barrier restricting normal access to the development from Wangalla Road. Such a barrier is to be provided so as to allow for emergency access.

• Prior to the issue of a Building Licence, investigation for soil and groundwater contamination and completion of any remediation, including validation of remediation, shall be carried out to the satisfaction of the Western Australian Planning Commission to ensure that the site can accommodate the proposed development

• The applicant to undertake a full site assessment to determine the presence of any uncontrolled fill and if found to remove such fill and remediate the site to the satisfaction of the Department of Environment and Conservation.

• The operation and management of the communal facilities is to include provision for use by the general public. Details of such usage is to be subject to a Strata Management statement to be prepared by the applicant and approved by the City.

• A modified site plan indicting the extent of communal property and detailing the location of 34 visitor parking bays and bin pads is to be prepared and submitted

Further standard conditions apply.

This is the recommended option.

Implications: If approved the site will be developed consistent with the surrounding residential area with provision of facilities to the benefit of the general public.

CONCLUSION

The City has received a Development Application proposing 139 single storey residential units, with communal open space and a communal facilities building at Lot 241 Wangalla Road, Bellevue. The land is zoned “Rural” under the Metropolitan Region


Scheme (MRS) and “General Rural” under the City’s Scheme. The application is the determination of the Western Australian Planning Commission under Clause 32 of the MRS. The subject lot is affected by aircraft noise, is a potentially affected site under the City’s records (uncontrolled fill) and does not have legal access to Clayton Street. The application was advertised to the public and referred to a number of agencies for comment.

A total of 12 submissions were received, with three objections based on potential traffic, noise and environmental damage to the creek. The Westralia Airports Corporation and Department of Environment and Conservation objected to the proposal, contending it to be inconsistent with the WAPC Statement of Planning Policy 5.1 “Land Use Planning in the Vicinity of Perth Airport”. The development concept is considered to be consistent with the provisions of the SPP in that the land is zoned to allow for “Grouped Dwellings” as a discretionary use under the City’s Scheme.

Given the nature of the site and the surrounding residential locality application of the City’s policy on Grouped Dwellings in Rural zones is not considered appropriate. The density of development is considered consistent under the terms of the SPP, facilitating as it does the infill development of the site and the provision of a public benefit through the inclusion of communal facilities which are intended to be accessible to non-residents. The dwellings are consistent with the developments standards of the Residential Design Codes and noise attenuation will be provided through construction. Access to Clayton Street can be facilitated through provision of an access easement over the adjoining land as supported by the adjoining landowner and the site can be remediated of any existing uncontrolled fill should this be discovered through further detailed site investigation.

It is recommended that Council recommend to the WAPC approval of the application subject to the special conditions detailed in Option 2 above and other standard conditions applicable to a development of this type.

ATTACHMENTS

• Location Plan

• Site Plan

• Floor Plans and Elevations

(A full copy of the proposal is provided to Councillors under separate cover and is available for viewing upon request)

STRATEGIC IMPLICATIONS

Western Australian Planning Commission Statement of Planning Policy 5.1

STATUTORY ENVIRONMENT

Metropolitan Region Scheme


City of Swan Town Planning Scheme No.9

FINANCIAL IMPLICATIONS

Nil.

RECOMMENDATION

That the Council resolve:

1) Form the view that the proposal is consistent with WAPC Statement of Planning Policy 5.1 “Land Use Planning in the Vicinity of Perth Airport" and recommend to the WAPC approval of the application subject to special conditions as follows:

(a) A right of access easement is to be secured by the applicant over a portion of the adjoining Lot 1 Clayton Road Bellevue, to provide access to the development. This easement is to be prepared and executed with the City as a party prior to the issue of a building licence.

(b) Provision of a suitable barrier restricting normal access to the development from Wangalla Road. Such a barrier is to be provided so as to allow for emergency access.

(c) All dwellings and the communal facility building to be constructed with the package of noise attenuation measures (as listed by the applicant) to comply with, or exceed, the standards specified in AS 2021.

(d) Prior to the issue of a Building Licence, investigation for soil and groundwater contamination and completion of any remediation, including validation of remediation, shall be carried out to the satisfaction of the Western Australian Planning Commission to ensure that the site can accommodate the proposed development

(e) The operation and management of the communal facilities is to include provision for use by the general public. Details of such usage are to be subject to a Strata Management Statement to be prepared by the applicant and approved by the Western Australian Planning Commission prior to the issue of a building licence.

(f) A modified site plan indicting the extent of communal property and detailing the location of 34 visitor parking bays and bin pads is to be prepared in conjunction with the City of Swan for the Approval of the Western Australian Planning Commission prior to the issue of a Building Licence.

(g) A site management plan must be submitted and approved by the City prior to any works commencing on the site. The site management plan is to address the following concerns: noise from carrying out work and from plant and trucks; hours of operation; light; dust; protection of existing roads, paths, services; site security; drainage; vibration


management; fill; excavation and traffic management that relates to any works to take place on the site.

(h) Use of the site for the purpose approved shall not commence until a Certificate of Classification is issued under Regulation 20 of the Building Regulations 1989.

(i) A Notification under Section 70A of the Transfer of Land Act 1893 must be registered over the certificate of title to the land the subject of the proposed development prior to the issue of a building licence to notify owners and prospective purchasers of the land that the land is located above the 20 ANEF Contour as identified by Figure 1 of Western Australian Planning Commission Statement of Planning Policy 5.1 and may be affected by aircraft noise.

(The Section 70A Notification shall be prepared by the City’s solicitors (currently McLeods, 220-222 Stirling Highway, Claremont - Ph 9383 3133) to the satisfaction of the City of Swan and all costs of and incidental to the preparation of and registration of the Section 70A Notification including the City’s solicitors’ costs shall be met by the applicant or the owner of the land.

(j) All parapet walls and footings shall be constructed inside the allotment.

(k) The surface of the parapet wall shall be finished to a professional standard

(l) Vehicle access onto the site shall be restricted to that shown on the approved site plan.

(m) All pavement on the site must be capable of accepting anticipated loadings (including accessways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.

(n) Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

(o) All earthworks and/or associated drainage details shall be in accordance with plans and specifications approved by the Chief Executive Officer.

(p) A Stormwater Management Plan shall be prepared in consultation with the City of Swan and submitted for the approval of the Western Australian Planning Commission.

(q) As the development is within the Midland District Drainage Area, a drainage contribution of $350,000 is required. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area based on $50,000 per hectare. Payment shall be made prior to the issue of a Building Licence and prior to any work commencing on the site.


(r) All drainage to be constructed as per approved plans certified by a practising Civil Engineer.

(s) Earthworks over the site and batters must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in the manner directed by the City in the event that sand is blown or drifts from the site.

(t) Earthwork, footings and/or structures are not to extend over any lot boundaries.

(u) The applicant shall submit detailed plans and specifications including the site feature survey of a licensed surveyor, levels (proposed), earthworks, drainage, crossovers, access ways, hardstands, carports, parking bays, loading bays, lighting, existing easements, pavement details, proposed service connections and compound and refuse/bulk bin areas. Such plans and specifications should be submitted with the building licence application and be in accordance with the City of Swan Property Development Design Guidelines and its relevant specifications.

(v) The development must be connected to the Water Corporation’s sewer where available.

(w) All construction works within the road reserve including crossovers, drainage infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be built and maintained in accordance with the City's specifications. Failure to do so may result in these works being removed and reinstated by the City at the applicant's expense.

(x) All road layout modifications, including traffic volume analysis, must be designed and carried out by a suitably qualified and practising Civil / Traffic Engineer and approved by the City’s engineering department prior to the issue of a building licence.

(y) The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

2) Those who lodge a submission to be advised of the Council's decision accordingly.

CARRIED

3.3 PROPOSED GROUPED DWELLINGS AND COMMUNITY … · 2016-05-12 · Vicinity of Perth Airport"....

Documents

Transcript of 3.3 PROPOSED GROUPED DWELLINGS AND COMMUNITY … · 2016-05-12 · Vicinity of Perth Airport"....