Metro Inner -North Joint Development Assessment …...Mr Dominic Snellgrove and Ben Tremlett...

Meeting No. 7 13 May 2020

Ms Francesca Lefante Presiding Member, Metro Inner-North JDAP

Metro Inner-North Joint Development Assessment

Panel Minutes Meeting Date and Time: Wednesday, 13 May 2020; 9am Meeting Number: MINJDAP/7 Meeting Venue: via electronic means This DAP meeting was conducted by electronic means open to the public rather than requiring attendance in person

1 Table of Contents

1. Opening of Meeting, Welcome and Acknowledgement ................................... 2 2. Apologies ............................................................................................................ 3 3. Members on Leave of Absence ......................................................................... 3 4. Noting of Minutes ............................................................................................... 3 5. Declaration of Due Consideration ..................................................................... 3 6. Disclosure of Interests ....................................................................................... 3 7. Deputations and Presentations ......................................................................... 3 8. Form 1 – Responsible Authority Reports – DAP Applications........................ 4

8.1 318 – 334 (Lots 104-106 & 108-110) Charles Street, North Perth ............ 4 9. Form 2 – Responsible Authority Reports – DAP Amendment or Cancellation

of Approval ....................................................................................................... 23 Nil 23

10. State Administrative Tribunal Applications and Supreme Court Appeals ... 23 11. General Business ............................................................................................. 23 12. Meeting Closure ............................................................................................... 23



Attendance

DAP Members Ms Francesca Lefante (Presiding Member) Ms Lee O’Donohue (Deputy Presiding Member) Mr John Syme (Specialist Member) Cr Joshua Topelberg (Local Government Member, City of Vincent) Cr Dan Loden (Local Government Member, City of Vincent) Officers in attendance Ms Joslin Colli (City of Vincent) Mr Jay Naidoo (City of Vincent) Ms Karsen Reynolds (City of Vincent) Mr Craig Wilson (City of Vincent) Minute Secretary Ms Adele McMahon (DAP Secretariat) Ms Zoe Hendry (DAP Secretariat) Applicants and Submitters Mr Aaron Lohman (element) Mr Scott Greenwood (Hawaiian) Mr Dominic Snellgrove (Cameron Chisolm Nicol) Mr Ben Tremlett (Cameron Chisolm Nicol) Mr Jacob Martin (Cardno) Mr Greg Malempre (LocationIQ) Mr Kris Nolan (Urbis) Members of the Public / Media There were 9 members of the public in attendance.

1. Opening of Meeting, Welcome and Acknowledgement

The Presiding Member declared the meeting open at 9:01am on 13 May 2020 and acknowledged the traditional owners and paid respect to Elders past and present of the land on which the meeting was being held. The Presiding Member announced the meeting would be run in accordance with the DAP Standing Orders 2017 under the Planning and Development (Development Assessment Panels) Regulations 2011. 1.1 Announcements by Presiding Member

The Presiding Member advised that in accordance with Section 5.16 of the DAP Standing Orders 2017 which states 'A person must not use any electronic, visual or audio recording device or instrument to record the proceedings of the DAP meeting unless the Presiding Member has given permission to do so.', the meeting would not be recorded.



In response to the COVID-19 situation, this meeting was convened via electronic means. Members were reminded to announce their name and title prior to speaking.

2. Apologies

Nil

3. Members on Leave of Absence Nil

4. Noting of Minutes

DAP members noted that signed minutes of previous meetings are available on the DAP website.

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of Interests

Nil

7. Deputations and Presentations 7.1 Mr Aaron Lohman (element) addressed the DAP against the recommendation

and against the proposed development at Item 8.1. 7.2 Mr Scott Greenwood (Hawaiian) addressed the DAP against the

recommendation and against the proposed development at Item 8.1. 7.3 Mr Dominic Snellgrove and Ben Tremlett (Cameron Chisolm Nicol) addressed

the DAP in support of the recommendation and the proposed development at Item 8.1 and responded to questions from the panel.

7.4 Mr Jacob Martin (Cardno) addressed DAP in support of the recommendation

and the proposed development at Item 8.1 and responded to questions from the panel.

7.5 Mr Greg Malempre (LocationIQ) addressed DAP in support of the

recommendation and the proposed development at Item 8.1 and responded to questions from the panel.

7.6 Mr Kris Nolan (Urbis) addressed DAP in support of the recommendation and the

proposed development at Item 8.1 and responded to questions from the panel. 7.7 City of Vincent Officers addressed the DAP in relation to the application at Item

8.1 and responded to questions from the panel.

https://www.dplh.wa.gov.au/about/development-assessment-panels/daps-agendas-and-minutes



8. Form 1 – Responsible Authority Reports – DAP Applications

8.1 318 – 334 (Lots 104-106 & 108-110) Charles Street, North Perth

Development Description: Commercial development comprising Shops, Liquor Store – Small, Restaurant/ Café, Child Care Centre, Medical Centre and associated car parking

Applicant: Urbis Owner: Nos. 318-324: Salomone Projects Pty Ltd

Nos. 330-334: Phoenix Lake Pty Ltd Responsible Authority: City of Vincent DAP File No: DAP/19/01710

REPORT RECOMMENDATION Moved by: Cr Joshua Topelberg Seconded by: Mr John Syme With the agreement of the mover and seconder the following amendments were made; (i) That condition no. 2.4 be amended to read as follows:

The supermarket is restricted to a net lettable area of 2,978 3,028 square metres

REASON: This modified condition will provide for flexibility around the back of house floorspace configuration.

(ii) That condition no. 7.2 be amended to read as follows: The operation of the traffic signals at the Charles Street/Angove Street/Scarborough Beach Road intersection must be modified, at the applicants expense, to incorporate traffic signal phasing that addressed addresses road safety concerns with right-turn movements, to the satisfaction of Main Roads.

REASON: To fix grammatical errors as highlighted by the City of Vincent

(iii) That condition no. 7.4 dot-point be amended to read as follows:

As per section 4.2.2 of the SOO SPP 5.4 Implementation Guidelines (2019), any noise wall proposed in close proximity to a transport corridor should have a minimum surface density of at least 15kg/m2. REASON: To fix grammatical errors as highlighted by the City of Vincent

(iv) That condition 8.2 dot-point 4 be amended to read as follows: Instillation Installation of traffic management devices and treatments, to the City’s specifications. REASON: To fix grammatical errors as highlighted by the City of Vincent



(v) That advice note no. 2 be amended to read as follows: In relation to Note 1 A further two years is has been added to the date by which the development shall be substantially commenced, pursuant to Schedule 4, Clause 4.2 of the Clause 78H Notice of Exemption from Planning Requirements During State of Emergency signed by the Minister for Planning on 8 April 2020. For further information regarding the Ministerial direction, please contact the assessing officer Karsen Reynolds on 9273 6000. REASON: To fix grammatical errors as highlighted by the City of Vincent

(vi) That a new advice note no. 3 be added and the remaining be renumbered accordingly; With respect to Condition 2.4, the supermarket net-lettable-area of 3,028 square metres accounts for additional floor space that could be attributed to the surplus of two car parking bays provided on site. REASON: This modified advice note is required to reflect the changes to condition 2.4.

(vii) That a new advice note no. 7 be added and the remaining be renumbered accordingly; A Laneway Upgrade Bond for the sum of $65,000 together with a non-refundable inspection fee of $100 shall be lodged with the City by the applicant, prior to the commencement of works, and will be held until all building/development works have been completed and any disturbance of, or damage to the City’s infrastructure, including verge trees, has been repaired/reinstated to the satisfaction of the City. An application for the refund of the bond shall be made in writing. The bond is non-transferable. REASON: The advice note provides certainty on the amount to be provided in the Laneway Upgrade Bond.

That the Metro Inner-North JDAP resolves to: 1. Approve DAP Application reference DAP/19/01710 and accompanying plans A100

– A116 dated 9 April 2020, included as Attachment 2, 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 Vincent Local Planning Scheme No. 2, and pursuant to clause 24(1) and 26 of the Metropolitan Region Scheme, subject to the following conditions:

Conditions 1. This decision constitutes development approval only and is valid for a period of four

years from the date of approval. If the subject development is not substantially commenced within the four year period, the approval shall lapse and be of no further effect.



2. Use of Premises

2.1 In accordance with the definitions as set out in the City of Vincent Local Planning Scheme No. 2, Tenancy 01, 02 and 03 shall only be used in accordance with the definition of ‘Restaurant/Café’; the Liquor Store shall only be used in accordance with the definition of ‘Liquor Store – Small’; Tenancies 04 – 08 and the ‘Supermarket’ shall be used in accordance with the definition of ‘Shop’; the Childcare Centre shall be used in accordance with the definition of ‘Child Care Premises’; and the Medical Centre shall be used in accordance with the definition of ‘Medical Centre’:

Shop means premises other than a bulky goods showroom, a liquor store – large or a liquor store – small used to sell goods by retail, to hire goods, or to provide services of a personal nature, including hairdressing or beauty therapy services. Restaurant / Café means premises primarily used for the preparation, sale and serving of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licensed under the Liquor Control Act 1988. Liquor Store – Small means premises the subject of a liquor store licence granted under the Liquor Control Act 1988 with a net lettable area of not more than 300m2. Child Care Premises means premises where – (a) an education and care service as defined in the Education and Care Services National Law (Western Australia) section 5(1), other than a family day care service as defined in that section, is provided; or (b) a child care service as defined in the Child Care Services Act 2007 section 4 is provided. Medical Centre means premises other than a hospital used by more than 2 or more health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care.

2.2 A maximum of 40 patrons are permitted across the Restaurant/Café tenancies at any one time.

2.3 A maximum of 126 persons are permitted within the Child Care Premises at

any one time. 2.4 The supermarket is restricted to a net lettable area of 3,028 square metres.

3. Operating Hours

3.1 The hours of operation for the Child Care Premises shall be restricted from 7:00am to 7:00pm Monday to Friday, including Public Holidays, 7:00am to 6:00pm on Saturday, and closed Sundays.



4. Boundary Walls

4.1 The owners of the subject land shall finish and maintain the surface of the boundary walls in a good and clean condition prior to occupation or use of the development, and to the satisfaction of the City.

5. Public Art

5.1 Percent for public art contribution of $180,000 being one per cent of the total $18 million value of the development, shall be allocated towards public art prior to the commencement of the development;

5.2 Confirmation in writing outlining how the proposed development will comply

with the City of Vincent Policy No 7.5.13 – Percent for Art shall be submitted prior to commencement of development; and

5.3 Public art shall be approved by the City and fully installed or alternatively a

cash-in-lieu payment made prior to occupation of the development.

6. Building Design

6.1 Windows and doors fronting Charles Street and glazed windows facing the laneway shall provide an active and interactive relationship to the street to the satisfaction of the City and shall be maintained thereafter to the satisfaction of the City.

6.2 Ground floor glazing and/or tinting shall be a minimum of 70 percent visually

permeable to provide unobscured visibility. Darkened, obscured, mirrored or tinted glass or other similar materials as considered by the City is prohibited.

7. Traffic Management

7.1 Charles Street must be modified, at the applicant’s expense, to include the following treatments to the satisfaction of Main Roads: a) An extended right-turn lane on the southern leg of the Charles Street/

Angove Street/ Scarborough Beach Road intersection; and b) A solid continuous median along Charles Street, from Angove Street to

Kadina Street, to restrict vehicle access to 318-334 Charles Street to left-in/left-out vehicle movements.

7.2 The operation of the traffic signals at the Charles Street/Angove

Street/Scarborough Beach Road intersection must be modified, at the applicants expense, to incorporate traffic signal phasing that addresses road safety concerns with right-turn movements, to the satisfaction of Main Roads.

7.3 In the event that the site where any lightweight building elements extending into the planned Charles Street road widening is needed for future roadworks, the applicant shall upon receipt of a notice from Main Roads, relocate or remove those building elements and their own expense.



7.4 The noise sensitive development adjacent to a major transport corridor must implement measures to ameliorate the impact of transport noise. The development is to comply with the WAPC State Planning Policy 5.4 Road and Rail Noise and implement the Charles Street Commercial Development Acoustics Report, Revision 2, dated 2 December 2019 prepared by Wood & Grieve Engineers with the following amendment: • As per section 4.2.2 of the SPP 5.4 Implementation Guidelines (2019),

any noise wall proposed in close proximity to a transport corridor should have a minimum surface density of at least 15kg/m2.

7.5 Redundant vehicle crossover(s) must be removed and kerbing, verge, and

footpath reinstated with grass or landscaping to the specification and satisfaction of the City of Vincent.

7.6 The applicant must obtain approval from Main Roads before any works are undertaken within the Charles Street road reserve. The applicant seeking access to the Main Roads network will be required to submit an Application form to undertake works within the road reserve. No earth works shall encroach onto the Charles Street road reserve.

7.7 No stormwater drainage is to be discharged onto the Charles Street road

reserve.

7.8 No waste collection is permitted from Charles Street road reserve.

7.9 Recommended measures 2.2, 2.3 and 2.4 included in the approved Road Safety Audit (Shawmac, March 2020) shall be implemented as part of the development, to the satisfaction of the City prior to the use or occupation of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers.

8. Laneway Upgrade

8.1 The laneway along the northern and eastern boundaries of the subject land to be widened by 1.0 metre and the required land ceded free of cost to the Crown, prior to the occupation of the development.

8.2 A detailed laneway upgrade plan to the satisfaction of the City, shall be lodged with and approved by the City prior to commencement of the development. The plan shall show the following:

• Upgrade of the laneway construction abutting the subject sites and the

remaining portion of the laneway from the subject site boundary to Angove Street, for its full width to the City’s specifications;

• The provision of lighting to portions of the laneway adjacent to the subject site, to the City’s specifications;

• Appropriate road markings and signage provided at the laneway entry and exit points with clear demarcations notifying road users of the ‘Entry Only ‘and ‘Exit Only’ routes, to the City’s specifications.

• Installation of traffic management devices and treatments, to the City’s specifications.



The works required by this condition must be completed by the owner/occupiers and at the owners/occupiers expense prior to the development the subject of this approval being first used or occupied. A refundable laneway upgrade bond lodged prior to the commencement of building works and will be held until all works have been completed and/or any damage to the existing facilities have been re-instated to the satisfaction of the City. An application to the City for the refund of the upgrade bond must be made in writing.

9. Car Parking, Access and Bicycle Facilities

9.1 A minimum of 212 car parking bays shall be provided on-site for the development. The car parking and access areas shall be provided and constructed in accordance with the approved plans and are to comply with the requirements of AS2890.1 prior to the occupation or use of the development.

9.2 The car park shall be used only by owners, visitors and tenants directly

associated with the development.

9.3 Vehicle and pedestrian access points are required to match into existing footpath levels.

9.4 A pedestrian crossing shall be provided across all vehicle access points to

allow for safe pedestrian crossing and designed to coordinate with the existing footpath alignment.

9.5 Bicycle facilities shall be designed and installed on-site in accordance with

AS2890.3 and installed in the following locations to the satisfaction of the City: • 44 short term bicycle facilities provided on-site; • 32 long term bicycle facilities provided on-site; and • 6 short term bicycle facilities provided within the adjacent verge as

shown on the approved plans. 10. Parking Management Plan

10.1 All recommended measures included in the approved Parking Management

Plan (Cardno, December 2019) shall be implemented and the development carried out in accordance with the approved Parking Management Plan and approved plans to the satisfaction of the City.

10.2 A management plan for the delivery and service vehicle movements for the

development shall be submitted to the City for its approval prior to the use commencing on-site. The plan shall address the following:

8.2.1 Hours of delivery and service vehicles attending the site; 8.2.2 Movements and size of delivery vehicles to ensure that they do not

restrict access to the car parking area within the development and to ensure that they do not obstruct the vehicle movements on adjoining and surrounding streets.



11. Schedule of External Finishes

Prior to the commencement of development, a detailed schedule of external finishes (including materials, colour schemes and details) shall be submitted to and approved by the City. The development shall be finished in accordance with the approved schedule prior to the use or occupation of the development.

12. Acoustic Report and Noise Management

12.1 All of the recommended measures included in the approved Acoustic Report (Wood & Grieve Engineers, December 2019) shall be implemented as part of the development, to the satisfaction of the City prior to the use or occupation of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers.

12.2 A Noise Management Plan shall be prepared and submitted to the City prior

to the Restaurant/Café tenancies use commencing and shall address all activities, equipment, and operations at the premises, including but not limited to: • Operating hours; • Patron numbers and management; • Use and style of amplified music; • Set up / pack down of furniture; and • Community relations / complaint management procedure.

13. Landscape and Reticulation Plan

13.1 A detailed landscape and reticulation plan for the development site and

adjoining road verge, to the satisfaction of the City, shall be lodged with and approved by the City prior to commencement of the development. The plan shall be drawn to a scale of 1:100 (or other reasonable scale as determined by the City) and show the following:

• The location and type of existing and proposed trees and plants; • Areas to be irrigated or reticulated; • The provision of a minimum of 8.3 percent deep soil zones; • The retention of the existing verge trees adjacent to Charles Street.

13.2 All works shown in the approved landscape plan shall be undertaken in

accordance with the approved plans to the City’s satisfaction, prior to occupancy or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers.



14. Amalgamation

Prior to the issue of the building permit, Lot 104, Lot 105, Lot 106, Lot 108, Lot 109 and Lot 110 Charles Street, North Perth (‘The lots’) are to be amalgamated into a single lot on a Certificate of Title; or alternatively, the owner entering into a legal agreement with the City and secured by an absolute caveat lodged over the certificates of title to the Lots requiring the amalgamation to be completed prior to occupation; The owner shall be responsible to pay all costs associated with the City’s solicitor’s costs incidental to the preparation of (including all drafts) and stamping of the agreement and lodgement of the absolute caveat.

15. External Fixtures

All external fixtures and building plant, including air conditioning units, piping, ducting and water tanks, shall be located so as to minimise any visual and noise impact on surrounding landowners, and screened from view from the street, and surrounding properties to the satisfaction of the City.

16. Stormwater

All stormwater produced on the subject land shall be retained on-site, by suitable means to the full satisfaction of the City.

17. Construction Management Plan

A Construction Management Plan that details how the construction of the development will be managed to minimise the impact on the surrounding area shall be lodged with and approved by the City prior to the issue of the building permit. The Construction Management Plan is required to address the following concerns that relate to any works to take place on the site: • Public safety, amenity and site security; • Contact details of essential site personnel; • Construction operating hours; • Noise control and vibration management; • Dilapidation Reports of nearby properties; • Air, sand and dust management; • Stormwater and sediment control; • Soil excavation method; • Waste management and materials re-use; • Traffic and access management; • Parking arrangements for contractors and subcontractors; • Consultation plan with nearby properties; and • Compliance with AS4970-2009 relating to the protection of trees on the

development site.

18. Waste Management Plan

18.1 Waste and refuse generated on the site by all tenancies shall be collected by a private contractor at the expense of the applicant/landowner and approved by the City.



18.2 A Waste Management Plan prepared to the satisfaction of the City shall be submitted and approved by the City prior to the use commencing on-site.

18.3 Waste management for the development shall thereafter comply with the approved Waste Management Plan.

19. Awning

The awning within the Charles Street road reservation attached to the façade of the building shall be designed to be removable, to the satisfaction of the City.

20. Advertising Signs

All signage shown on the approved plans do not form part of this development approval. All signage relating to the development is subject to separate development approval.

21. General

Conditions that have a time limitation for compliance, and the condition is not met in the required timeframe, the obligation to comply with the requirements of the condition continues whilst the approved development exists.

Advice Notes: 1. This is a development approval only and is issued under the City of Vincent’s Local

Planning Scheme No. 2 only. It is the responsibility of the applicant/owner to obtain any other necessary approvals and to commence and carry out development in accordance with any other laws.

2. A further two years has been added to the date by which the development shall be

substantially commenced, pursuant to Schedule 4, Clause 4.2 of the Clause 78H Notice of Exemption from Planning Requirements During State of Emergency signed by the Minister for Planning on 8 April 2020. For further information regarding the Ministerial direction, please contact the assessing officer Karsen Reynolds on 9273 6000.

3. With respect to Condition 2.4, the supermarket net-lettable-area of 3,028 square

metres accounts for additional floor space that could be attributed to the surplus of two car parking bays provided on site.

4. All new crossovers to lots are subject to a separate application to be approved by

the City. All new crossovers shall be constructed in accordance with the City’s standard crossover specifications.

5. The movement of all path users, with or without disabilities, within the road reserve,

shall not be impeded in any way during the course of the building works. This area shall be maintained in a safe and trafficable condition and a continuous path of travel (minimum width 1.5 metres) shall be maintained for all users at all times during construction works. Permits are required for placement of any materials within the road reserve.



6. An Infrastructure Protection Bond for the sum of $3,000 together with a non-refundable inspection fee of $100 shall be lodged with the City by the applicant, prior to the commencement of works, and will be held until all building/development works have been completed and any disturbance of, or damage to the City’s infrastructure, including verge trees, has been repaired/reinstated to the satisfaction of the City. An application for the refund of the bond shall be made in writing. The bond is non-transferable.

7. A Laneway Upgrade Bond for the sum of $65,000 together with a non-refundable

inspection fee of $100 shall be lodged with the City by the applicant, prior to the commencement of works, and will be held until all building/development works have been completed and any disturbance of, or damage to the City’s infrastructure, including verge trees, has been repaired/reinstated to the satisfaction of the City. An application for the refund of the bond shall be made in writing. The bond is non-transferable.

8. All pedestrian access and vehicle driveway/crossover levels shall match into

existing verge, footpath and right of way levels to the satisfaction of the City. 9. With respect to stormwater, should connection to the City’s drainage infrastructure

be required, this is to be in accordance with the City’s Policy No. 2.2.10 – Stormwater Drainage Connections.

10. The City accepts no liability for the relocation of any public utility and/or any other

services that may be required as a consequence of this development. The applicant/owner shall ensure that the location of all services is identified prior to submitting an application of building permit. The cost of relocated any services shall be borne by the applicant/owner. The applicant/landowner is advised to liaise with the Water Corporation and Western Power in regards to servicing and infrastructure requirements for the development.

11. With respect to waste, the applicant/landowner is advised that should the private

waste collection cease and the City be required to collect the waste generated on-site, the applicant/landowner is to liaise with the City in respect to the City’s requirements and specifications. Any alterations made in order to meet the City’s specifications may require an amendment to this approval.

12. In regards to satisfying Condition 7.1, it is Main Roads expectation that the applicant

consults with all residents/property owners on Charles Street that will be directly affected by the planned treatments and provides a report on that consultation to Main Roads and the City as part of the initial design phase of the treatments.

13. The upgrading/widening of Charles Street is not in Main Roads current 4-year

forward estimated construction program and all projects not listed are considered long-term. Please be aware that timing information is subject to change and that Main Roads assumes no liability whatsoever for the information to be provided.

14. In regard to Condition 7.6, Application forms and supporting information about the

procedure can be found on the Main Roads website >”Our Roads” >”Conducting Works on Roads” >”(MRS) for Primary Regional Road purposes.

15. If the development the subject of this approval is not substantially commenced

within a period of four years, or another period specified in the approval after the date of determination, the approval will lapse and be of no further effect.



16. Where an approval has so lapsed, no development must be carried out without the

further approval of the local government having first be sought and obtained. 17. If an applicant or owner is aggrieved by this determination there is a right of review

by the State Administrative Tribunal in accordance with the Planning and Development Act 2005, Part 14. An application must be made within 28 days of the determination.

AMENDING MOTION 1 Moved by: Mr John Syme Seconded by: Ms Lee O’Donohue That condition no. 14 be amended to read as follows:

Prior to building occupation Lot 104, Lot 105, Lot 106, Lot 108, Lot 109 and Lot 110 Charles Street, North Perth (‘The lots’) are to be amalgamated into a single lot on a certificate of title.

The Amending Motion was put and CARRIED UNANIMOUSLY. REASON: The condition was modified to reflect the requirement to amalgamate the site prior to occupation, recognising the timeframes to complete the process. REPORT RECOMMENDATION (AS AMENDED) That the Metro Inner-North JDAP resolves to: 1. Approve DAP Application reference DAP/19/01710 and accompanying plans A100

– A116 dated 9 April 2020, included as Attachment 2, 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 Vincent Local Planning Scheme No. 2, and pursuant to clause 24(1) and 26 of the Metropolitan Region Scheme, subject to the following conditions:

Conditions 1. This decision constitutes development approval only and is valid for a period of four

years from the date of approval. If the subject development is not substantially commenced within the four year period, the approval shall lapse and be of no further effect.

2. Use of Premises

2.1 In accordance with the definitions as set out in the City of Vincent Local Planning Scheme No. 2, Tenancy 01, 02 and 03 shall only be used in accordance with the definition of ‘Restaurant/Café’; the Liquor Store shall only be used in accordance with the definition of ‘Liquor Store – Small’; Tenancies 04 – 08 and the ‘Supermarket’ shall be used in accordance with the definition of ‘Shop’; the Childcare Centre shall be used in accordance with the definition of ‘Child Care Premises’; and the Medical Centre shall be used in accordance with the definition of ‘Medical Centre’:



Shop means premises other than a bulky goods showroom, a liquor store – large or a liquor store – small used to sell goods by retail, to hire goods, or to provide services of a personal nature, including hairdressing or beauty therapy services. Restaurant / Café means premises primarily used for the preparation, sale and serving of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licensed under the Liquor Control Act 1988. Liquor Store – Small means premises the subject of a liquor store licence granted under the Liquor Control Act 1988 with a net lettable area of not more than 300m2. Child Care Premises means premises where – (a) an education and care service as defined in the Education and Care Services National Law (Western Australia) section 5(1), other than a family day care service as defined in that section, is provided; or (b) a child care service as defined in the Child Care Services Act 2007 section 4 is provided. Medical Centre means premises other than a hospital used by more than 2 or more health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care.

2.2 A maximum of 40 patrons are permitted across the Restaurant/Café tenancies at any one time.

2.3 A maximum of 126 persons are permitted within the Child Care Premises at

any one time. 2.4 The supermarket is restricted to a net lettable area of 3,028 square metres.

3. Operating Hours

3.1 The hours of operation for the Child Care Premises shall be restricted from 7:00am to 7:00pm Monday to Friday, including Public Holidays, 7:00am to 6:00pm on Saturday, and closed Sundays.

4. Boundary Walls

4.1 The owners of the subject land shall finish and maintain the surface of the boundary walls in a good and clean condition prior to occupation or use of the development, and to the satisfaction of the City.

5. Public Art

5.1 Percent for public art contribution of $180,000 being one per cent of the total $18 million value of the development, shall be allocated towards public art prior to the commencement of the development;

5.2 Confirmation in writing outlining how the proposed development will comply

with the City of Vincent Policy No 7.5.13 – Percent for Art shall be submitted prior to commencement of development; and



5.3 Public art shall be approved by the City and fully installed or alternatively a cash-in-lieu payment made prior to occupation of the development.

6. Building Design

6.1 Windows and doors fronting Charles Street and glazed windows facing the

laneway shall provide an active and interactive relationship to the street to the satisfaction of the City and shall be maintained thereafter to the satisfaction of the City.

6.2 Ground floor glazing and/or tinting shall be a minimum of 70 percent visually

permeable to provide unobscured visibility. Darkened, obscured, mirrored or tinted glass or other similar materials as considered by the City is prohibited.

7. Traffic Management

7.1 Charles Street must be modified, at the applicant’s expense, to include the following treatments to the satisfaction of Main Roads: a) An extended right-turn lane on the southern leg of the Charles Street/

Angove Street/ Scarborough Beach Road intersection; and b) A solid continuous median along Charles Street, from Angove Street to

Kadina Street, to restrict vehicle access to 318-334 Charles Street to left-in/left-out vehicle movements.

7.2 The operation of the traffic signals at the Charles Street/Angove

Street/Scarborough Beach Road intersection must be modified, at the applicants expense, to incorporate traffic signal phasing that addresses road safety concerns with right-turn movements, to the satisfaction of Main Roads.

7.3 In the event that the site where any lightweight building elements extending into the planned Charles Street road widening is needed for future roadworks, the applicant shall upon receipt of a notice from Main Roads, relocate or remove those building elements and their own expense.

7.4 The noise sensitive development adjacent to a major transport corridor must

implement measures to ameliorate the impact of transport noise. The development is to comply with the WAPC State Planning Policy 5.4 Road and Rail Noise and implement the Charles Street Commercial Development Acoustics Report, Revision 2, dated 2 December 2019 prepared by Wood & Grieve Engineers with the following amendment: • As per section 4.2.2 of the SPP 5.4 Implementation Guidelines (2019),

any noise wall proposed in close proximity to a transport corridor should have a minimum surface density of at least 15kg/m2.

7.5 Redundant vehicle crossover(s) must be removed and kerbing, verge, and

footpath reinstated with grass or landscaping to the specification and satisfaction of the City of Vincent.



7.6 The applicant must obtain approval from Main Roads before any works are undertaken within the Charles Street road reserve. The applicant seeking access to the Main Roads network will be required to submit an Application form to undertake works within the road reserve. No earth works shall encroach onto the Charles Street road reserve.

7.7 No stormwater drainage is to be discharged onto the Charles Street road

reserve.

7.8 No waste collection is permitted from Charles Street road reserve.

7.9 Recommended measures 2.2, 2.3 and 2.4 included in the approved Road Safety Audit (Shawmac, March 2020) shall be implemented as part of the development, to the satisfaction of the City prior to the use or occupation of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers.

8. Laneway Upgrade

8.1 The laneway along the northern and eastern boundaries of the subject land to be widened by 1.0 metre and the required land ceded free of cost to the Crown, prior to the occupation of the development.

8.2 A detailed laneway upgrade plan to the satisfaction of the City, shall be

lodged with and approved by the City prior to commencement of the development. The plan shall show the following:

• Upgrade of the laneway construction abutting the subject sites and the

remaining portion of the laneway from the subject site boundary to Angove Street, for its full width to the City’s specifications;

• The provision of lighting to portions of the laneway adjacent to the subject site, to the City’s specifications;

• Appropriate road markings and signage provided at the laneway entry and exit points with clear demarcations notifying road users of the ‘Entry Only ‘and ‘Exit Only’ routes, to the City’s specifications.

• Installation of traffic management devices and treatments, to the City’s specifications.

The works required by this condition must be completed by the owner/occupiers and at the owners/occupiers expense prior to the development the subject of this approval being first used or occupied. A refundable laneway upgrade bond lodged prior to the commencement of building works and will be held until all works have been completed and/or any damage to the existing facilities have been re-instated to the satisfaction of the City. An application to the City for the refund of the upgrade bond must be made in writing.

9. Car Parking, Access and Bicycle Facilities

9.1 A minimum of 212 car parking bays shall be provided on-site for the development. The car parking and access areas shall be provided and constructed in accordance with the approved plans and are to comply with the requirements of AS2890.1 prior to the occupation or use of the development.



9.2 The car park shall be used only by owners, visitors and tenants directly

associated with the development.

9.3 Vehicle and pedestrian access points are required to match into existing footpath levels.

9.4 A pedestrian crossing shall be provided across all vehicle access points to

allow for safe pedestrian crossing and designed to coordinate with the existing footpath alignment.

9.5 Bicycle facilities shall be designed and installed on-site in accordance with

AS2890.3 and installed in the following locations to the satisfaction of the City: • 44 short term bicycle facilities provided on-site; • 32 long term bicycle facilities provided on-site; and • 6 short term bicycle facilities provided within the adjacent verge as

shown on the approved plans. 10. Parking Management Plan

10.1 All recommended measures included in the approved Parking Management

Plan (Cardno, December 2019) shall be implemented and the development carried out in accordance with the approved Parking Management Plan and approved plans to the satisfaction of the City.

10.2 A management plan for the delivery and service vehicle movements for the

development shall be submitted to the City for its approval prior to the use commencing on-site. The plan shall address the following:

8.2.1 Hours of delivery and service vehicles attending the site; 8.2.2 Movements and size of delivery vehicles to ensure that they do not

restrict access to the car parking area within the development and to ensure that they do not obstruct the vehicle movements on adjoining and surrounding streets.

11. Schedule of External Finishes

Prior to the commencement of development, a detailed schedule of external finishes (including materials, colour schemes and details) shall be submitted to and approved by the City. The development shall be finished in accordance with the approved schedule prior to the use or occupation of the development.

12. Acoustic Report and Noise Management

12.1 All of the recommended measures included in the approved Acoustic Report (Wood & Grieve Engineers, December 2019) shall be implemented as part of the development, to the satisfaction of the City prior to the use or occupation of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers.



12.2 A Noise Management Plan shall be prepared and submitted to the City prior to the Restaurant/Café tenancies use commencing and shall address all activities, equipment, and operations at the premises, including but not limited to: • Operating hours; • Patron numbers and management; • Use and style of amplified music; • Set up / pack down of furniture; and • Community relations / complaint management procedure.

13. Landscape and Reticulation Plan

13.1 A detailed landscape and reticulation plan for the development site and

adjoining road verge, to the satisfaction of the City, shall be lodged with and approved by the City prior to commencement of the development. The plan shall be drawn to a scale of 1:100 (or other reasonable scale as determined by the City) and show the following:

• The location and type of existing and proposed trees and plants; • Areas to be irrigated or reticulated; • The provision of a minimum of 8.3 percent deep soil zones; • The retention of the existing verge trees adjacent to Charles Street.

13.2 All works shown in the approved landscape plan shall be undertaken in accordance with the approved plans to the City’s satisfaction, prior to occupancy or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers.

14. Amalgamation

Prior to building occupation Lot 104, Lot 105, Lot 106, Lot 108, Lot 109 and Lot 110 Charles Street, North Perth (‘The lots’) are to be amalgamated into a single lot on a certificate of title.

15. External Fixtures

All external fixtures and building plant, including air conditioning units, piping, ducting and water tanks, shall be located so as to minimise any visual and noise impact on surrounding landowners, and screened from view from the street, and surrounding properties to the satisfaction of the City.

16. Stormwater

All stormwater produced on the subject land shall be retained on-site, by suitable means to the full satisfaction of the City.



17. Construction Management Plan

A Construction Management Plan that details how the construction of the development will be managed to minimise the impact on the surrounding area shall be lodged with and approved by the City prior to the issue of the building permit. The Construction Management Plan is required to address the following concerns that relate to any works to take place on the site: • Public safety, amenity and site security; • Contact details of essential site personnel; • Construction operating hours; • Noise control and vibration management; • Dilapidation Reports of nearby properties; • Air, sand and dust management; • Stormwater and sediment control; • Soil excavation method; • Waste management and materials re-use; • Traffic and access management; • Parking arrangements for contractors and subcontractors; • Consultation plan with nearby properties; and • Compliance with AS4970-2009 relating to the protection of trees on the

development site.

18. Waste Management Plan

18.1 Waste and refuse generated on the site by all tenancies shall be collected by a private contractor at the expense of the applicant/landowner and approved by the City.

18.2 A Waste Management Plan prepared to the satisfaction of the City shall be

submitted and approved by the City prior to the use commencing on-site. 18.3 Waste management for the development shall thereafter comply with the

approved Waste Management Plan. 19. Awning

The awning within the Charles Street road reservation attached to the façade of the building shall be designed to be removable, to the satisfaction of the City.

20. Advertising Signs

All signage shown on the approved plans do not form part of this development approval. All signage relating to the development is subject to separate development approval.

21. General

Conditions that have a time limitation for compliance, and the condition is not met in the required timeframe, the obligation to comply with the requirements of the condition continues whilst the approved development exists.



Advice Notes: 1. This is a development approval only and is issued under the City of Vincent’s Local

Planning Scheme No. 2 only. It is the responsibility of the applicant/owner to obtain any other necessary approvals and to commence and carry out development in accordance with any other laws.

2. A further two years has been added to the date by which the development shall be

substantially commenced, pursuant to Schedule 4, Clause 4.2 of the Clause 78H Notice of Exemption from Planning Requirements During State of Emergency signed by the Minister for Planning on 8 April 2020. For further information regarding the Ministerial direction, please contact the assessing officer Karsen Reynolds on 9273 6000.

3. With respect to Condition 2.4, the supermarket net-lettable-area of 3,028 square

metres accounts for additional floor space that could be attributed to the surplus of two car parking bays provided on site.

4. All new crossovers to lots are subject to a separate application to be approved by

the City. All new crossovers shall be constructed in accordance with the City’s standard crossover specifications.

5. The movement of all path users, with or without disabilities, within the road reserve,

shall not be impeded in any way during the course of the building works. This area shall be maintained in a safe and trafficable condition and a continuous path of travel (minimum width 1.5 metres) shall be maintained for all users at all times during construction works. Permits are required for placement of any materials within the road reserve.

6. An Infrastructure Protection Bond for the sum of $3,000 together with a non-

refundable inspection fee of $100 shall be lodged with the City by the applicant, prior to the commencement of works, and will be held until all building/development works have been completed and any disturbance of, or damage to the City’s infrastructure, including verge trees, has been repaired/reinstated to the satisfaction of the City. An application for the refund of the bond shall be made in writing. The bond is non-transferable.

7. A Laneway Upgrade Bond for the sum of $65,000 together with a non-refundable

inspection fee of $100 shall be lodged with the City by the applicant, prior to the commencement of works, and will be held until all building/development works have been completed and any disturbance of, or damage to the City’s infrastructure, including verge trees, has been repaired/reinstated to the satisfaction of the City. An application for the refund of the bond shall be made in writing. The bond is non-transferable.

8. All pedestrian access and vehicle driveway/crossover levels shall match into

existing verge, footpath and right of way levels to the satisfaction of the City. 9. With respect to stormwater, should connection to the City’s drainage infrastructure

be required, this is to be in accordance with the City’s Policy No. 2.2.10 – Stormwater Drainage Connections.



10. The City accepts no liability for the relocation of any public utility and/or any other services that may be required as a consequence of this development. The applicant/owner shall ensure that the location of all services is identified prior to submitting an application of building permit. The cost of relocated any services shall be borne by the applicant/owner. The applicant/landowner is advised to liaise with the Water Corporation and Western Power in regards to servicing and infrastructure requirements for the development.

11. With respect to waste, the applicant/landowner is advised that should the private

waste collection cease and the City be required to collect the waste generated on-site, the applicant/landowner is to liaise with the City in respect to the City’s requirements and specifications. Any alterations made in order to meet the City’s specifications may require an amendment to this approval.

12. In regards to satisfying Condition 7.1, it is Main Roads expectation that the applicant

consults with all residents/property owners on Charles Street that will be directly affected by the planned treatments and provides a report on that consultation to Main Roads and the City as part of the initial design phase of the treatments.

13. The upgrading/widening of Charles Street is not in Main Roads current 4-year

forward estimated construction program and all projects not listed are considered long-term. Please be aware that timing information is subject to change and that Main Roads assumes no liability whatsoever for the information to be provided.

14. In regard to Condition 7.6, Application forms and supporting information about the

procedure can be found on the Main Roads website >”Our Roads” >”Conducting Works on Roads” >”(MRS) for Primary Regional Road purposes.

15. If the development the subject of this approval is not substantially commenced

within a period of four years, or another period specified in the approval after the date of determination, the approval will lapse and be of no further effect.

16. Where an approval has so lapsed, no development must be carried out without the

further approval of the local government having first be sought and obtained. 17. If an applicant or owner is aggrieved by this determination there is a right of review

by the State Administrative Tribunal in accordance with the Planning and Development Act 2005, Part 14. An application must be made within 28 days of the determination.

The Report Recommendation (as amended) was put and CARRIED UNANIMOUSLY. REASON: The proposal is consistent with site zoning, objectives of SPP4.2, urban corridor location. The design and landuses are considered to positively contribute to the streetscape and site context along a significant transport corridor. The separation of parking and servicing is considered to appropriately deal with traffic movement within the area.



9. Form 2 – Responsible Authority Reports – DAP Amendment or Cancellation of Approval

Nil

10. State Administrative Tribunal Applications and Supreme Court Appeals The Presiding Member noted the following State Administrative Tribunal Applications

Current SAT Applications File No. & SAT DR No.

LG Name Property Location Application Description

Date Lodged

DAP/19/01600 DR161/2019

Town of Claremont

Lots 18 (164) and 19 (162) Alfred Road, Swanbourne

Proposed Childcare Centre

07/10/2019

DAP/19/01626 DR004/2020

City of Vincent

Lots 126-130 (29-47) Lindsay Street, Perth

Proposed Cafe, Small Bar and Car Park

08/01/2020

DAP/19/01633 DR064/2020

Town of Claremont

Lot 102 (256) Stirling Highway, Claremont

Eight storey mixed use development

03/04/2020

11. General Business

The Presiding Member announced that 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.

12. Meeting Closure

There being no further business, the Presiding Member declared the meeting closed at 11:13am.

Metro Inner -North Joint Development Assessment …...Mr Dominic Snellgrove and Ben Tremlett...

Documents

Transcript of Metro Inner -North Joint Development Assessment …...Mr Dominic Snellgrove and Ben Tremlett...