3.4 ELLENBROOK DISTRICT CENTRE - STAGE 1 DEVELOPMENT … · 2016. 5. 12. · 17 October 2007 Page 1...

Ordinary Meeting of Council 17 October 2007

Cr Haynes declared a financial interest in Item 3.4 by virtue of receiving a donation from LWP Pty Ltd towards her re-election campaign. Cr Haynes left the Chamber at 6.22pm and was absent during the whole of the debate on Item 3.4 and did not speak or otherwise participate in the decision making process.

3.4 ELLENBROOK DISTRICT CENTRE - STAGE 1 DEVELOPMENT PLAN NO.11 - LOT 9144 THE BROADWAY, ELLENBROOK

(Ellenbrook) (Development Services)

KEY ISSUES

• The application is for Stage 1 of the Ellenbrook District Centre Development Plan (DP). The District Centre will consist of commercial, recreational, educational and community facilities which will service the residents of Ellenbrook, The Vale and The Vines. The District Centre will consist of land within both the Ellenbrook and The Vale developments. The Stage 1 Development Plan (DP11) will address land within the Ellenbrook development.

• Stage 1 Development Plan of the District Centre will comprise district open space, hard court area, a high school site and bowls club. A temporary plant nursery is also proposed on the High school site until the land is needed for the school development. The remaining portions of the District Centre will be planned through further DP stages.

• The Stage 1 DP was advertised for a period of 28 days which included a sign on-site, advertisement in the local newspaper and referrals to adjoining landowners and Government agencies. At the close of advertising, a total of 11 submissions were received. The public consultation raised concerns with respect to the impacts of noise, traffic, environmental degradation and light overspill. These issues are discussed in the body of the report and the Schedule of Submissions. Amenity impacts are considered to be adequately controlled through a 20-30 metre vegetation buffer along the eastern boundary of the Development Plan.

• City staff has been working with Ellenbrook Management and their consultants, the Department of Education and Training and consultants of The Vale development over the past year in preparing the DP. A number of issues and concerns that were raised by the City have been adequately addressed.

The Stage 1 Development Plan is considered acceptable. It is recommended that the Council adopt Stage 1 of the Ellenbrook District Centre Development Plan (No.11) and forward the proposal to the WAPC for consideration and adoption.

AUTHORITY/DISCRETION

Council has the discretion to approve or refuse the Development Plan or request modifications. Town Planning Scheme No. 9 sets out the required processes for the Council to approve or refuse the Development Plan, or request modifications or


additions. If adopted by Council the Development Plan will be referred to the Western Australian Planning Commission for endorsement.

If the applicant is aggrieved by the decision of the Council a right of review may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Roberts Day Group Owner: 85 Spring Street Properties, Projects PTY LTD &

Martindale PTY LTD Zoning: TPS - Special Purpose MRS - Urban Strategy/Policy: Nil Development Scheme: Ellenbrook Structure Plan Existing Land Use: Vacant Area: ~ 20 ha

DETAILS OF THE PROPOSAL

The applicant has submitted an application for Stage 1 DP for the Ellenbrook District Centre. The DP provides a flexible planning framework to guide the future development and use of the District Centre. The facilities identified in the District Centre DP include a lawn bowls facility, sports pavilion, grass playing fields, hard court recreational facilities, Secondary School and other recreational facilities. A temporary plant nursery is proposed to be located on the high school site until such time as the land is needed for the school.

The District Centre will be accessed through Bordeaux Lane and the Broadway as well as through the Vale to the south. The District Centre will be used by residents of The Vines, The Vale and Ellenbrook.

A further Development Plan for the balance of the District Centre will be prepared and lodged for approval in the future as need arises.

DESCRIPTION OF SITE

The site comprises approximately 20 hectares and is bordered by Bordeaux Lane on the northern boundary, The Broadway on its western boundary, The Vines on the Eastern boundary and Vale on the southern boundary. The site is currently vacant and was previously cleared in accordance with the approvals for bulk earthworks. An area of parkland vegetation is located along the eastern boundary of the site. A landscaping buffer between the active playing fields and the existing residential housing at the Vines is to be provided.


SITE HISTORY/PREVIOUS APPROVALS

Nil

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil

APPLICANT'S SUBMISSION

The following is an excerpt from the Development Plan documents:

‘The Stage 1 development will comprise the following uses/activities

a) District Recreation Facility

• Playing fields to be used for; football, soccer, rugby, cricket, hockey and other team sport;

• Lawn bowls club

• Multi use hardcourt area

• BBQ/Picnic area

• Sports pavilion

• Playground

• Carparks; and

• Drainage/Irrigation lake

b) Public High School

A temporary plant nursery is proposed to be located on the High School site as part of the program initiated by Ellenbrook to propagate and utilise flora native to the Ellenbrook locality.

The Key principles guiding future development and operation of the District Centre include;

• Quality open space areas/facilities

• High standard of built form

• Shared pedestrian/vehicle environment achieved through quality landscaping, street trees and slow vehicle speeds;

• Sustainable building designs and landscaping.


There are multiple road access points provided into the District Centre. The main access will be via an east-west road which intersects with The Broadway. This road will also function as a small ‘Main Street’ upon full development of the District Centre. This east-west road then provides a northern linkage to Bordeaux Lane and a southern linkage to Vale. Secondary road linkages are also proposed to The Broadway and Bordeaux Lane. For the Stage 1 development the northern link road from Bordeaux Lane is proposed to be constructed to the bowls club.’

PUBLIC CONSULTATION

The Stage 1 DP was advertised for a period of 21 days which included a sign on site, advertisements in the local newspaper and referrals to the adjoining landowners and Government agencies. 9 submissions were received from the public, of which, 8 objected to the proposal. The issues raised in the objections include:

• Concerns with the clearing of native vegetation.

• Security of residential properties adjacent to the District Recreation area will be reduced.

• Concerns that the recreation facilities will be used by large numbers of people which will increase noise in the area.

• Concerns that The Vines properties will overlook the District Open Space which will impact on privacy.

• Concerns with light overspill from lighting of District Recreation facilities.

• Concerns with traffic speeding on Bordeaux Lane.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The Stage 1 DP was referred to a number of Government Agencies. The following is a summary of their comments.

Department of Planning and Infrastructure (DPI) advised that a comprehensive District Centre Development Plan incorporating both the Ellenbrook and Vale land is required, identifying the specific District Open Space (DOS) needs and the locations of these uses. The DPI advised that the plans should also address the vehicular (private and public), pedestrian and cycle movement networks both within the centre area and linking to the surrounding areas.

Department of Education and Training (DET) requested that the east west linkage adjoining the northern boundary of the school site should provide for embayment parking on the side of the school. Clarification was also sought on the road on the eastern boundary of the school site and whether traffic calming devices would be used.

At the time of writing this report, the Department of Environment and Conservation (DEC) had not provided any comments. Any relevant comments from the DEC will be provided to the Council in due course.


REPORT

Development of the District Centre:

The application is for Stage 1 of the District Centre which comprises District Open Space, a portion of the high school site, the bowls club and multi use hard court area. A further Development Plan will be required to address the uses for the remaining District Centre when this is developed.

The DPI has indicated that a comprehensive Development Plan incorporating both the Ellenbrook and The Vale land is required to identify specific District Open Space and recreation needs and the locations of these uses. The DPI also advised that a Comprehensive Development Plan would be required as this would address vehicular movement and pedestrian and cycle movements for the whole centre.

The City of Swan facility planning officers, the planning consultants for Ellenbrook and the Vale and the Department of Education and Training have undertaken a collaborative design process to reach agreement on the location of the high school and DOS, the local road and cycle network, future uses, the location of playing fields and vehicle and pedestrian movements through the Ellenbrook and Vale land. Furthermore, the City is in the process of negotiating with the Department of Education and Training regarding the indoor sports and recreational facilities within The Vale area of the District Centre.

The City's view is that the Stage 1 DP will not compromise pedestrian and vehicle access of the remaining District Centre site. It is also considered that public transport, vehicular, pedestrian and cycle movement have been adequately addressed in The Vale Development Plan 2 (which was previously adopted by the Council) and the Ellenbrook District Centre DP Stage 1. The need for a further DP over the whole District Centre is considered onerous and unnecessary.

The Stage 1 Development Plan is required to progress the District Open Space and community facilities at Ellenbrook, some of which have been funded by the State Government. Accordingly, the relevant planning approvals (the DP and subdivision approvals) must be attained to progress these facilities.

Siting of Bowls Facility:

A submission was received from the Valley Bowls Club objecting to the location of the Sports Pavilion and Bowling Club. The submission proposed an alternative location to the north of the District Open Space area. The City of Swan and the Department of Sport and Recreation have indicated that the sports pavilion is to be a shared use facility. The proposed location as suggested by the Valley Bowls Club is not considered acceptable due to its isolation from the community and recreation facilities. The City of Swan facility planning officers are satisfied with the intended location of the Bowls Club and Sports Pavilion. The Valley Bowls Club has been advised accordingly.

Impact on residential properties:

The eastern boundary of the DP abuts The Vines. The majority of public submissions were received from residents of the Vines objecting to the proximity of the recreation fields to their properties citing issues such as overlooking, reduced security of their


properties, increased noise and light emissions. The schedule of submissions addresses each submission raised in the public consultation period.

The Stage 1 DP proposes to maintain a vegetation buffer of 20-30 metres along the eastern boundary. This buffer is considered appropriate to address the amenity concerns of noise, visual intrusion and light spill.

There is no evidence to support the claim that security of adjacent residential properties will be compromised. This is essentially a policing matter which should be dealt with by the relevant authorities.

Clearing of Native Vegetation:

The public consultation raised concerns with the destruction of native vegetation. The zoning of the area permits the subject site to be developed as open space and recreational facilities to service the community. The Ellenbrook project was approved by the Minister for the Environment subject to conditions set out in Statement 288 dated 13 October 1992 and Statement 345 dated 3 March 1994. Furthermore, the native vegetation species are well represented in the nearby areas reserved and protected for conservation.

OPTIONS AND IMPLICATIONS

Option 1: The Council may adopt the submitted Stage 1 Development Plan unconditionally and advise the Western Australian Planning Commission accordingly. This option is not supported.

Implications: Should the proposal be supported unconditionally by the City, the WAPC may interpret that the City has no objections to the DP as submitted.

Option 2: The Council may support the proposal subject to conditions. The conditions include the Stage 1 DP being conditioned to address issues such as vegetation of the District Recreation.

Implications: As the Stage 1 DP for Ellenbrook is a long term strategy document to guide development, matters will be addressed when they arise over a period of time. Therefore support of the Stage 1 DP would not impact negatively on the general Ellenbrook community. Therefore this option is supported.

Option 3: The Council may form the view that the proposed Stage 1 DP is not in the interests of proper and orderly planning and accordingly may exercise discretion and resolve not to approve the Stage 1 DP and forward that recommendation to the Western Australian Planning Commission. This option is not supported.

Implications: In considering the DP for endorsement the WAPC may agree or disagree with Council’s decision. The final determination rests with the WAPC.

Furthermore, the applicant, if aggrieved by the decision of the Council, may exercise a right of appeal pursuant to clause 6.2.1.11 of Town Planning Scheme No. 9 and in accordance with Part 14 of the Planning and Development Act 2005.


CONCLUSION

The application is for Stage 1 of the District Centre Development Plan. The Development Plan will guide the development of the Ellenbrook District Centre. Stage 1 of the District Centre will comprise district open space, hard court facilities, a high school site and bowls club (including a temporary plant nursery). The remaining portions of the District Centre will be planned through further DP stages.

The Stage 1 DP was advertised in accordance with the scheme provisions. At the close of advertising, 11 submissions were received, of which, 8 objected to the proposal. The issues raised by the public are addressed in the body of the report.

The Stage 1 Development Plan is considered acceptable. It is recommended that the Council approve Stage 1 of the District Centre Development Plan subject to conditions.

ATTACHMENTS

• Development Plan

• DPI submission

• Schedule of Submissions

(The complete DP document is available for perusal upon request to the City's Statutory Planning section)

STRATEGIC IMPLICATIONS

The Development Plan will guide the development of the Ellenbrook District Centre.

STATUTORY ENVIRONMENT

The Development Plan is to be approved by Council, after taking into consideration comments received from Government agencies and the public, in accordance with Town Planning Scheme No. 9 prior to the approval/commencement of development. The Development Plan is also required to be adopted by the Western Australian Planning Commission following approval from Council.

FINANCIAL IMPLICATIONS

As the subject Development Plan proposes the creation of roads, community facilities and the creation of public open space there will be on-going costs to the City in respect to maintenance, rubbish disposal and community facilities.


RECOMMENDATION

That the Council resolve to:

1) Adopt the Ellenbrook District Centre Stage 1 Development Plan (DP No.11) being Lot 9144 The Broadway, Ellenbrook subject to the following conditions:

(a) A landscaping plan for the district open space is to be submitted and approved to the satisfaction of the City of Swan prior to development of the open space.

(b) The Development Plan is to be modified to incorporate car parking along the road abutting the northern boundary of the high school site.

Advice note:

(a) The applicant is advised that all the proposed uses/development types designated on the Stage 1 Development Plan are subject to lodgement of Applications to Commence Development for approval prior to commencement of works.

2) Upon receipt of the revised Development Plan the documents are to be forwarded to the Western Australian Planning Commission for endorsement.

3) Advise the applicant and those who made submissions of Council’s decision accordingly.

MOTION that the Council resolve to:

1) Accept the request from the Valley Bowling Club for reconfiguration of the site allocated for their use as outlined in the attached plan (Revised Plan dated 16 October 2007).

2) Adopt the Ellenbrook District Centre Stage 1 Development Plan (DP No.11) with the modification outlined in 1) above being Lot 9144 The Broadway, Ellenbrook subject to the following conditions:



Advice note:



3) Upon receipt of the revised Development Plan, to include the reconfiguration of the Valley Bowls Club site, the documents are to be forwarded to the Western Australian Planning Commission for endorsement.


5) Record that the reason for changing the Recommendation is to facilitate the request for minor reconfiguration of the Valley Bowls Club site to satisfy their needs without compromising the overall intent of the District Centre facilities.

(Cr Jones - Cr Marino)

RESOLVED UNANIMOUSLY TO:

1) Accept the request from the Valley Bowling Club for reconfiguration of the site allocated for their use as outlined in the attached plan (Revised Plan dated 16 October 2007).

2) Adopt the Ellenbrook District Centre Stage 1 Development Plan (DP No.11) with the modification outlined in 1) above being Lot 9144 The Broadway, Ellenbrook subject to the following conditions:



Advice note:


3) Upon receipt of the revised Development Plan, to include the reconfiguration of the Valley Bowls Club site, the documents are to be forwarded to the Western Australian Planning Commission for endorsement.


5) Record that the reason for changing the Recommendation is to facilitate the request for minor reconfiguration of the Valley Bowls Club site to satisfy their needs without compromising the overall intent of the District Centre facilities.

Cr Haynes returned to the Chamber at 6.25pm.

3.4 ELLENBROOK DISTRICT CENTRE - STAGE 1 DEVELOPMENT … · 2016. 5. 12. · 17 October 2007 Page 1...

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Transcript of 3.4 ELLENBROOK DISTRICT CENTRE - STAGE 1 DEVELOPMENT … · 2016. 5. 12. · 17 October 2007 Page 1...