Metro West Joint Development Assessment Panel …...Meeting No. 207 18 October 2018 Ms Megan Adair...

Meeting No. 207 18 October 2018

Ms Megan Adair Presiding Member, Metro West JDAP

Metro West Joint Development Assessment Panel

Minutes Meeting Date and Time: 18 October 2018; 10:00am Meeting Number: MWJDAP/207 Meeting Venue: Town of Mosman Park Corner Bay View Terrace and Memorial Park Mosman Park Attendance

DAP Members Ms Megan Adair (Presiding Member) Mr Christopher Antill (A/Deputy Presiding Member) Mr Jason Hick (Specialist Member) Deputy Mayor Zenda Johnson (Local Government Member, Town of Mosman Park) Officers in attendance Ms Erina Parsons (Town of Mosman Park) Mrs Gabriela Poezyn (Town of Mosman Park) Mr Leigh Ashby (Town of Mosman Park) Minute Secretary Ms Erika Bekeris (Town of Mosman Park) Applicants and Submitters Mr James Thompson (MJA Studio) Mr Deon White (RobertsDay) Ms Emma Van Der Linden (RobertsDay) Ms Sophie Bottcher (MJA Studio) Mr Rhys Kelly (Fabric Property) Members of the Public / Media There were four (4) members of the public in attendance. Mr Ben Dickinson from the Post Newspapers was in attendance. 1. Declaration of Opening

The Presiding Member declared the meeting open at 10.00am on 18 October 2018 and acknowledged the past and present traditional owners and custodians of the land on which the meeting was being held.

Due to the conflict of interest of the Deputy Presiding Member and in the absence of a Presiding Member, Ms Megan Adair has been appointed as Presiding



Member for this meeting in accordance with regulation 27(3A) of the Planning and Development (Development Assessment Panel) Regulations 2011. 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. The Presiding Member advised that the meeting is being audio recorded 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 Presiding Member granted permission for the minute taker to record proceedings for the purpose of the minutes only.

2. Apologies

Mr Jarrod Ross (Deputy Presiding Member) Cr Andrew Maurice (Local Government Member, Town of Mosman Park) Mayor Brett Pollock (Local Government Member, Town of Mosman Park)

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

The Presiding Member noted that the agenda was updated to include the late submission of the responsible authority report recommendation for Item 8.1 that was received on 12 October 2018. All members declared that they had duly considered the documents.

6. Disclosure of Interests

DAP Member, Mr Jarrod Ross and Cr Andrew Maurice, declared an impartiality interest in Item 8.1. Mr Ross’ employer, Taylor Burrell Barnett, was previously the applicant for a similar development on the subject land for Elberton, who were the proposed developers at that time. Cr Maurice is a close friend of the owner of the property. In accordance with Section 6.3.1 of the DAP Standing Orders 2017, the Presiding Member determined that the members listed above, who had disclosed an impartiality interest, were not permitted to participate in the discussion or voting on the item. DAP Member, Mr Jason Hick, declared an impartiality interest in Item 8.1. Fabric Property, who is understood to be involved in progressing this application on behalf of the applicant, Unirack Pty Ltd has been a client of

https://www.planning.wa.gov.au/7578.aspx



Emerge Environmental Services Pty Ltd, of whom Mr Hick is a Director, shareholder and employee. There are currently no active commissions between the two companies and Environmental Services Pty Ltd has not been involved with this application in any way. In accordance with Section 4.6.1 and 4.6.2 of the DAP Standing Orders 2017, the Presiding Member determined that the member listed above, who had disclosed an impartiality interest, was permitted to participate in the discussion and voting on the item.

7. Deputations and Presentations 7.1 Mr James Thompson (MJA Studio) and Mr Deon White (RobertsDay)

addressed the DAP in support of the application at Item 8.1 and responded to questions from the panel.

8. Form 1 – Responsible Authority Reports – DAP Application

8.1 Property Location: Lot 50 (No. 38) Glyde Street, Mosman Park Development Description: 29 Apartments, Offices, Restaurant, Shop, Car

Parking and Roof Terrace Applicant: RobertsDay Owner: Unirack Pty Ltd Responsible Authority: Town of Mosman Park DAP File No: DAP/18/01393

REPORT RECOMMENDATION Moved by: Nil Seconded by: Nil That the Metro West JDAP resolves to: 1. Refuse DAP Application reference number, DAP/18/01393, and accompanying

plans MJA Project Number 17090 – marked ‘Revised Plans’, A1.01 (Rev D), A1.02 (Rev K), A1.03 (Rev F), A1.04 (Rev F), A1.05 (Rev H) and A1.06 (Rev H), A1.07 (Rev E), A1.08 (Rev C), A1.09 (Rev C), A1.10 (Rev A), A1.11(Rev A), A1.12 (Rev A) dated 18 September 2018, in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reasons:

Reasons Aims of the Town’s Local Planning Strategy

1. The proposed development does not meet the Aims of Clause 7.1 of the Town of Mosman Park’s Local Planning Strategy 2013 as it does not maintain the prevailing character and amenity of the existing and desired built form along Glyde Street and the general amenity of the locality.

Aims and Objectives of Local Planning Scheme 3 (LPS3)

2. The proposed development does not meet Clause 9(k) (Aims of Scheme) of LPS3 as the development does not maintain or enhance the amenity and



quality of the streetscape of Glyde Street and results in adverse impacts to neighbouring properties, the streetscape and the general locality.

3. The proposed development does not meet the Objectives of the Commercial

Zone as set out in Clause 16(2) of the Town of Mosman Park’s Local Planning Scheme No. 3 as the design of the façade to Glyde Street does not maintain the compatibility of the general streetscape resulting in an adverse impact on the streetscape amenity, as the scale of the building has not been sufficiently mitigated through design measures.

Street Setbacks

4. The proposed street setbacks do not meet the Design Principles or the Local Housing Objectives of Part B, Clause 5.1.2.1, P1.1, L1 of the Town of Mosman Park’s Local Planning Policy 15 and results in building bulk and scale that is not consistent with the existing and desired built form of the locality.

Commercial Car Parking Bays

5. The proposed car parking bays provided on-site for the Commercial ‘Uses’ do

not meet Clauses 32(1)5(a)(ii), 32(1)5(f), 32(1)5(g)(i), 32(1)5(v) of the Town of Mosman Park Local Planning Scheme 3 and potentially results in adverse impacts to the existing transportation network, exacerbates safety concerns and congestion, reducing general streetscape amenity.

Building Height

6. The building height proposed, does not meet the Design Principles of Clause 5.1.2 of the Town of Mosman Park Local Planning Policy 14 (LPP14) as it does not present a human scale to pedestrians.

7. The proposed building height does not meet the Bonus Principles of Clause

5.2.1 of the Town of Mosman Park Local Planning Policy 15 resulting in adverse impacts to the adjoining properties, the streetscape amenity, the development context and general amenity of the locality.

Building Size (Plot Ratio) and Composition

8. The proposal does not meet the Design Principles of Clause 6.1.1 of the State Planning Policy 3.1 Residential Design Codes for Residential plot ratio and it does not satisfy 7 out of 10 bonus principles which results in adverse impacts to the streetscape, the development context of the street and the amenity of the locality.

Landscaping

9. The proposal does not meet the Design Principles of Clause 6 of the State Planning Policy 3.1 Residential Design Codes and it does not satisfy 7 out of 10 bonus principles which results in adverse impacts to the streetscape, the development context of the street and the amenity of the locality.



Buildings Located on Boundaries

10. The proposal does not meet the Design Principles of Clause 5.1.2.1 of the Town of Mosman Park Local Planning Policy 15 as the visual impact of building bulk on neighbouring properties and the streetscape is not moderated and therefore results in adverse impacts associated with building bulk and scale.

Design of Car Parking

11. The proposal does not meet the Design Principles of Clause 6.3.4 of the State Planning Policy 3.1 Residential Design Codes as it has the potential to result in car parking facilities being difficult to access which will adversely impact traffic movement on and off site.

Insufficient Information

12. Despite numerous requests, the information provided to the Town remains inconsistent, incomplete and lacks accuracy and as a result, the proposal is contrary to Schedule 2, Part 8, Clause 63(1)(d) of the Planning and Development (Local Planning Scheme) Regulations 2015.

13. The information provided does not demonstrate that the proposal can achieve

the minimum required number of bonus principles to access the additional development potential for street setback, building height and building size (plot ratio) and composition.

Orderly and Proper Planning

14. For the reasons outlined above, approval of the development in its current form would be inconsistent with the principles of orderly and proper planning.

The Report Recommendation LAPSED for want of a mover and a seconder. ALTERNATE MOTION Moved by: Deputy Mayor Zenda Johnson Seconded by: Mr Jason Hick That the Metro West JDAP resolves to: 1. Approve DAP Application reference DAP/18/01393 and accompanying plans

MJA Project Number 17090 – marked ‘Revised Plans’, A1.01 (Rev D), A1.02 (Rev K), A1.03 (Rev F), A1.04 (Rev F), A1.05 (Rev H) and A1.06 (Rev H), A1.07 (Rev E), A1.08 (Rev C), A1.09 (Rev C), A1.10 (Rev A), A1.11(Rev A), A1.12 (Rev A), date stamped 18 September 2018, subject to the following Conditions:

Conditions Term of Approval

1. This decision constitutes Development Approval only and is valid for a period of two (2) years from the date of approval. If the subject development is not



substantially commenced within the two (2) year period, the approval shall lapse and be of no further effect.

Use of Premises

2. The plans submitted for Building Permit shall be revised to show 150m2 of area allocated for Restaurant/Café and 116m2 allocated for Shop.

3. The Commercial Tenancies subject of this approval shall be used for the

following purposes, as defined by the Town of Mosman Park Local Planning Scheme No. 3 as follows: Restaurant/Café: 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.

Shop: 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.

4. The Restaurant/Café tenancy (150m2) shall be limited to a maximum of 75

patrons at any one time.

5. The use of the roof top garden is limited to the residential users of the development and their visitors, and users of the Office component, and shall not be independently leased, or permitted to be used by persons that do not reside/occupy a space in the building.

6. The communal roof top garden shall not be used outside of the hours of 7am - 10pm Mondays to Sunday.

End of Trip Facilities

7. End of trip facilities shall be shown for each Commercial Tenancy on the plans submitted for Building Permit and implemented and maintained to the satisfaction of the Town.

Design of Front Façade

8. The approved plans shall be amended to incorporate the principles outlined in the recommendations set out by Mackay Urban Design dated 21 September 2018 to the front façade as shown in the drawing which is attached to the RAR as Attachment 15.

9. The Amended Plans required in Condition 8 above shall be submitted and

approved by the Town prior to submission of a Building Permit. Car Parking and Access

10. A cash in lieu payment of $11,868.75 per car bay is payable to the Town for

the shortfall of 17 carparking spaces required for the Office, Shop and Restaurant prior to submission of Building Permit.



11. The parking areas shall be used only by the Residents, Tenants and Visitors

directly associated with the development.

12. Revised Plans shall be submitted to and approved by the Town prior to submission of Building Permit that show:

i. Internal driveways and vehicle manoeuvring areas have been designed in accordance with AS2890.1-2004 Parking Facilities Part 1: Off Street Parking;

ii. All residential parking spaces comply with the requirements of AS2890.1;

iii. All Commercial parking spaces comply with the requirements of AS2890.2-2004: Commercial Vehicle Facilities;

iv. All access ramps shall be designed to meet Australian Standard AS/NZS 2890.1:2004 Section 2.5;

v. An accessible car bay compliant with AS 2890.6 with a demonstrated continual accessible path of travel from the bay to the Commercial Tenancies is provided;

vi. The lift complies with AS 1735.12 (Facilities for persons with disabilities).

vii. The bicycle facilities shall be designed in accordance with AS2890.3.

13. All parking areas shall be adequately sealed, paved and drained to the satisfaction of the Town and all parking bays shall be line marked and sign posted in accordance with the approved plans.

14. The ‘small car bays’ shall be demarcated as such to the satisfaction of the Town.

Cash in lieu

15. Any changes to the “Shop” tenancy to a Use that requires a higher parking rate in the future will trigger the need for a cash payment in lieu of the parking shortfall that results from the Change of Use.

Parking and Access Management Plan

16. A Parking and access Management Plan shall be submitted and approved by the Town prior to submission of Building Permit that includes, but is not limited to, the following:

i. Detailing management measures for the operation of the vehicular entry gate, to ensure access is readily available for Owners/Visitors/Tenants to the Residential and Commercial units at all times;

ii. Details of measures/mechanical devices that will be used to alert visitors to the complex of the availability of Visitor Bays;

iii. Minimise conflict in regard to movement of vehicles in the car parking areas;

iv. How the ‘Small Car Bays’ will be managed; v. Outline how the parking for the proposed development will be managed

and identify practical strategies to minimise parking demand and conflict between different users.



17. The Parking Management Plan shall be implemented and the development to be carried out in accordance with the plans, to the satisfaction of the Town at the expense of the Owners/Occupiers.

Interactive Front

18. All facades of the Commercial Tenancies on the ground floor to be provided with an open glazed front and not to be obscured with glazing/film in order to maintain street activation of the Commercial frontages and a high level of pedestrian interface to the satisfaction of the Town.

Finish and maintenance of building

19. The plans submitted for Building Permit must include a schedule of External Finishes (including materials, colour schemes and details) that is of equal or better quality than proposed in the Planning Application to the satisfaction of the Town with special reference to, but not limited to, the following:

a) Front and rear facades of the building; b) The detailed treatment of the Commercial Tenancies on the ground

floor; c) Front fence and proposed artistic interpretations; d) Pavement treatments for servicing bay at rear for waste collection; e) External surfaces shall be treated with Graffiti resistant material.

20. The development shall be finished in accordance with the approved schedule

of finishes prior to the use or occupation of the development. Waste Management

21. A revised Waste Management Plan to be submitted and approved by the

Town prior to submission of a Building Permit Application. The plan shall include, but is not limited to:

a. The bin store being split into two (2) zones for Commercial and Residential refuse;

b. Signage that clearly differentiates one store from another; c. Identification of a mechanism that will restrict entry into the

Commercial bin store so that access is restricted to the Commercial Tenants and the Commercial waste provider;

d. Identification of a dedicated storage area on site for bulk waste and a Management System for dealing with this waste;

e. A Waste Servicing Plan to ensure that dedicated times and days are allocated for the two (2) separate service providers (Residential and Commercial) to ensure that not more than one service provided is at the site at any one time;

f. Measures proposed to be taken to ensure that any trucks servicing waste are not parked contrary to the Town’s Parking Local Law.

22. Each Bin Stores shall be connected to water and sewer mains to allow for the

bins to be cleaned and maintained on site.

23. Bulk waste cannot be stored or collected from Glyde Street or Waite Lane.



Landscaping and Reticulation Plan

24. A detailed Landscape and Reticulation Plan drawn to a scale no less than 1:100 for the development site and adjoining road verges, shall be submitted and approved by the Town prior to submission of a Building Permit and shall show at a minimum: a. The location and species of all proposed trees and plants; b. Areas to be reticulated and the proposed reticulation system; c. The proposed climbing structure for the landscaping in the laneway; d. The treatment of any hard surfaces in the road reserves, including the

loading zone area, to ensure they contribute positively to the streetscape;

e. Any proposed structures to support planting; f. Confirmation that design of the planting areas on upper levels will not

result in water discharging into the road reserve; g. Landscaping in the deep soil area within the “sight lines” shall not

exceed a height of 1.5m at any time.

25. All works shown in the plans identified above shall be undertaken in accordance with the Approved Plans to the Town’s satisfaction, prior to occupancy or use of the development and maintained thereafter to the satisfaction of the Town at the expense of the Owners/Occupiers.

26. Trees proposed on site shall have the following minimum sizes at time of planting:

a) All trees located adjacent to Waite Lane shall have a minimum container size of 400L;

b) All other proposed trees shall have a minimum container size of 800L. Parklet

27. Prior to the submission of an Application for Building Permit, the concept plans submitted for the Parklet shall be developed in consultation with the Town to a proposal that is acceptable to the Town showing in detail:

a) All proposed materials and finishes; b) All soft and hard landscaping; c) The scale and permanency of any proposed structures; d) Level differences and how they are managed to achieve user friendly

spaces; e) That the Parklet is accessible for all abilities; f) Proposed lighting; g) Reticulation of landscaped areas.

28. Once the concept plan has been finalised, Construction Plans shall be

submitted and approved by the Town prior to any work being undertaken.

29. A Bank Guarantee or Bond of $50,000 is required to be lodged by the Applicant prior to the commencement of any works in the road reserve. The Bank Guarantee or Bond will not be released until at least 3 months after the practical completion date of the works and only after all reinstatements are carried out to the satisfaction of the Town.



30. All work to implement the Parklet shall be undertaken in accordance with the

approved plans exclusively at the Applicant’s cost.

31. The Applicant is responsible to obtain all necessary approvals to use the road reserve for a Parklet.

32. The landowner shall be responsible for the maintenance of the Parklet in

perpetuity to the satisfaction of the Town.

33. Prior to commencing construction of the Parklet, the landowner is to enter into a Legal Agreement with the Town to include as a minimum:

a. Continuously maintain all aspects of the Parklet to the satisfaction of

the Town; b. Indemify the Town against any claim for loss, damage or injury arising

from the use of the Parklet. All costs associated with the preparation of the Agreement, including those incurred by the Town shall be borne by the landowner.

Lighting

34. Prior to submission of a Building Permit Application, the lighting and lux plan shall be submitted to and approved by the Town. The plan shall show all proposed lighting of, but is not limited to, the following:

a. Communal area; b. Access points to the building; c. Waite lane; d. Building in general, as it presents to the streetscape amenity.

35. Light shall be designed in accordance with the ‘Control of Obtrusive Effects of

Outdoor Lighting (AS4282) and shall not result in overspill into neighbouring lots.

36. Lighting shall be installed and maintained in accordance with the Approved Plan to the satisfaction of the Town.

Awning

37. The Awning design shall be submitted to and approved by the Town prior to Building Permit Application. The design shall show that water will be retained on the structure and will not fall in to the Glyde Street Road Reserve.

38. The awning shall be maintained by the landowner in perpetuity to the satisfaction of the Town.

Stormwater Management Plan

39. A detailed Stormwater Management Plan prepared by a suitability qualified and experienced person shall be submitted and approved by the Town prior to the submission of a Building Permit and includes but is not limited to:



a) All stormwater shall be retained on site; b) Stormwater management for the Parklet; c) Internal accesses and paths are to be designed in such a manner as

to prevent storm water entering the property from the road, footpath and right of ways;

d) Provision for 1 in 100 year event. Construction Management Plan

40. 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 submitted and approved by the Town prior to making application for a Building Permit. Construction on and management of the site shall hereafter comply with the approved Construction Management Plan.

Utilities and Facilities

41. 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 Town.

42. All fire boosters and external fixtures shall be screened so that they are not visible from the street – Clause 5.1.3.5 of LPP15 (active frontages).

43. Extraction fans and grease traps to be incorporated into the design of the

ground floor Commercial Tenancies to allow for future Change of Use.

Road widening

44. The adjoining under width road (Waite Lane) being widened by 0.5m along the full frontage of the land, the subject of this application, by the Applicant/Owner transferring the land required to the Crown, free of cost for the purposes of widening Waite Lane.

45. The section of Waite Lane widened in accordance with this approval, is to be constructed and drained at the full cost of the Applicant/Owner in accordance to specification from the Town of Mosman Park.

Public Art

46. A comprehensive proposal on Public art shall be submitted to and approved by the Town, prior to submission for a Building Permit, that, at a minimum, addresses the following matters:

a) The type of public art elements proposed; b) The proposed location of each public art element proposed; c) Details including materials, colour and design of each public art item; d) Each item shall relate to the history of the site as a nursery.

47. The public art shall be installed in accordance with the approval and

maintained in good order at all times to the Town’s satisfaction.



Clothes Drying Facilities

48. Each multiple dwelling shall be provided with a clothes drying facility that is not visible from Glyde Street, Waite Lane or adjoining properties.

Acoustics Report

49. An Acoustic Report that identifies measures to limit potential noise between the Residential and Commercial components shall be prepared and submitted to the Town prior to the submission for Building Permit and the proposed measures shall be shown on the Building Plans submitted for Building Permit.

50. Certification from an acoustic Consultant shall be provided prior to occupation

of the development confirming that the measures recommended in the Acoustic Report have been implemented.

Notification to Prospective Purchasers

51. The Contract of Sale and the Strata Agreement shall include the following notifications to alert prospective purchasers in regard to the following:

a) The development includes Small Car Bays that cannot accommodate standard sized vehicles;

b) Bulk waste shall be internally serviced and remains the responsibility of the Body Corporate/Resident and shall not be stored on Glyde Street or Waite Lane at any time;

c) Additional fees and charges are payable by future users of the development due to the need for increased frequency of rubbish removal;

d) The Commercial Tenancies are permitted to use six (6) Residential Visitor Bays on the basis of reciprocal parking;

e) Clothes drying facilities shall not be visible from Glyde Street, Waite Lane and adjoining properties.

Verge Trees

52. No verge trees shall be removed or damaged, including unauthorised pruning, and any verge tree likely to be affected by the development shall be protected during construction to the satisfaction of the Town in accordance with Council Policy 2.2.7 Street Trees.

Encroachment

53. All structures (and associated footings) shall be contained within the lot boundaries of the subject site.

Sustainability

54. A Sustainability Report that demonstrates that the proposal can achieve superior sustainability levels for the full life cycle of the development shall be submitted to the Town and approved prior to submission of Building Permit.



Amenity

55. If the glare from any surface on the building adversely affects the amenity of adjoining or nearby neighbours following completion of works, the Owner shall treat the surface to reduce glare to the satisfaction of the Town.

56. Any mechanical plant, such as air conditioning systems, motors, pumps and mechanisms, being installed so that the amenity of surrounding properties shall not be diminished.

Signage

57. Separate Approval is required for any signage for the Commercial Tenancies. Dilapidation Report

58. Dilapidation Reports shall be undertaken for 26, 30, 40A-C and 42 Glyde Street, and 11, 17, 21 and 25 St Leonards Street, and submitted to the Town prior to submission for Building Permit.

Walls on Boundary

59. The Owners of the subject land, shall finish and maintain the external surface of all boundary wall facing 30 and 40 A-C Glyde Street in a good and clean condition to the satisfaction of the Town and in consultation with the adjoining landowner.

Advice Notes: 1) This is a Development Approval only, and is issued under the Town of

Mosman Park Local Planning Scheme No. 3 and the Western Australian Planning Commission’s Metropolitan Region Scheme. It is the proponent's responsibility to comply with all other applicable legislation and obtain all required approvals, licences and permits prior to commencement of this development.

2) An Infrastructure Protection Bond together with a non-refundable inspection

fee will be payable at submission of Building Permit and will be held until all building/development works have been completed and any disturbance of, or damage to the Town’s infrastructure, including verge trees, has been repaired/reinstated to the satisfaction of the Town. An Application for the refund of the bond shall be made in writing. The bond is non-transferable.

3) The Town 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 for a Building Permit. The cost of relocation of any services shall be borne by the Applicant/Owner.

4) In regard to the Condition relating to the proposed awning in Glyde Street, the

final construction drawings for the awning must be approved by the EMTS prior to installation and be offset from the edge of kerb or carriageway including parking bays [whichever is closer to the property boundary] by a minimum of 300mm horizontal distance.



5) A Certified Building Permit is required to be submitted to the Town.

6) In regard to the Construction Management Plan Condition, an Application

Form/Checklist is available on the Town’s website.

7) The Environment Protection (Noise) Regulations 1997 limit any building work that may cause noise to the following times:

Monday - Saturday 7.00 am - 7.00 pm Sundays and Public Holidays Nil

Notwithstanding the above, works of a minor nature may be performed on the site at any reasonable times provided that no noise is generated.

8) The proponent is required to take all necessary measures to ensure that

nuisance to adjoining properties, from dust or noise (which exceeds the limitations of the Environmental Protection Act) as a result of enacting this approval, is minimised.

9) This Approval is not an authority to ignore any constraint to development on

the land, which may exist through Contract or on Title, such as an easement or Restrictive Covenant. It is the responsibility of the Applicant and not the Town to investigate any such constraints before commencing development.

10) In regard to the limitation on patrons for the Restaurant/Café, the carparking

calculations are based on 50% of the tenancies being needed as kitchen and service areas, leaving 75m2 for patrons.

11) In relation to the Parklet, the Owner/Applicant when carrying out works in the

road reserve, will be responsible for location and protection of public utility services within the road reserve and is to obtain details of service locations from relevant utility authorities prior to the commencement of any works within the road reserve.

AMENDING MOTION 1 Moved by: Mr Jason Hick Seconded by: Deputy Mayor Zenda Johnson That Condition 6 be deleted and the remaining Conditions be renumbered accordingly. REASON: There are other mechanisms to deal with potential disturbance arising from the use of that facility and it is not necessary to condition the limit of the use of that area. The Amending Motion was put and CARRIED (3/1). For: Ms Megan Adair Mr Jason Hick Deputy Mayor Zenda Johnson Against: Mr Christopher Antill



AMENDING MOTION 2 Moved by: Mr Jason Hick Seconded by: Deputy Mayor Zenda Johnson That Condition 8 and Condition 9 and the heading “Design of Front Façade” be deleted and the remaining Conditions be renumbered accordingly. REASON: It is inappropriate for a Planning Condition to require a re-design. The terms of reference should not be guided by one Consultant on the outcome visions of the area but rather should be done by the Town and endorsed by Council. The Amending Motion was put and CARRIED (3/1). For: Ms Megan Adair Mr Jason Hick Deputy Mayor Zenda Johnson Against: Mr Christopher Antill AMENDING MOTION 3 Moved by: Mr Jason Hick Seconded by: Ms Megan Adair To amend Condition 12 (now Condition 9) to read as follows:

Revised Plans shall be submitted to and approved by the Town prior to submission of Building Permit that show: As part of the Building Permit submission, demonstrate to the satisfaction of the Town: i. Internal driveways and vehicle manoeuvring areas have been designed

in accordance with AS2890.1-2004 Parking Facilities Part 1: Off Street Parking;

ii. All residential parking spaces comply with the requirements of AS2890.1; iii. All Commercial parking spaces comply with the requirements of

AS2890.2-2004: Commercial Vehicle Facilities; iv. All access ramps shall be designed to meet Australian Standard AS/NZS

2890.1:2004 Section 2.5; v. An accessible car bay compliant with AS 2890.6 with a demonstrated

continual accessible path of travel from the bay to the Commercial Tenancies is provided;

vi. The lift complies with AS 1735.12 (Facilities for persons with disabilities). vii. The bicycle facilities shall be designed in accordance with AS2890.3.

REASON: The modifications can adequately be dealt with through the change process rather than a pre-submission to the building process. The Amending Motion was put and CARRIED UNANIMOUSLY.



AMENDING MOTION 4 Moved by: Mr Jason Hick Seconded by: Deputy Mayor Zenda Johnson That Condition 15 and the heading “Cash in lieu” be deleted and remaining Conditions be renumbered accordingly. REASON: As this would have to be dealt with at the time of any Change in Use consideration. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION 5 Moved by: Mr Jason Hick Seconded by: Deputy Mayor Zenda Johnson That Condition 19 (now Condition 15) be amended to read as follows:

The plans submitted for Building Permit must include a schedule of External Finishes (including materials, colour schemes and details) that is of equal or better quality than is generally in accordance with that proposed in the Planning Application to the satisfaction of the Town with special particular reference to, but not limited to, the following:

a. Front and rear facades of the building; b. The detailed treatment of the Commercial Tenancies on the ground

floor; c. Front fence and proposed artistic interpretations; d. Pavement treatments for servicing bay at rear for waste collection; e. External surfaces shall be treated with Graffiti resistant material.

REASON: To better clarify the expectation of what is required to satisfy the Condition. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION 6 Moved by: Mr Jason Hick Seconded by: Deputy Mayor Zenda Johnson That Condition 20 (now Condition 16) be amended to read as follows:

The development shall be finished in accordance with the approved schedule of external finishes prior to the use or occupation of the development.

REASON: For clarity and to be consistent with the reference in Condition 19 (now Condition 15). The Amending Motion was put and CARRIED UNANIMOUSLY.



AMENDING MOTION 7 Moved by: Mr Jason Hick Seconded by: Mr Christopher Antill The following amendments were moved en bloc: (i) That Condition 21 (now Condition 17) be amended to read as follows:

A revised Waste Management Plan to be submitted and approved by the Town prior to submission of a Building Permit Application. The plan shall include, but is not limited to:

a. The bin store being split into two (2) zones for Commercial and

Residential refuse; b. Signage that clearly differentiates one store from another; c. Identification of a mechanism that will restrict entry into the Commercial

bin store so that access is restricted to the Commercial Tenants and the Commercial waste provider;



f. Measures proposed to be taken to ensure that any trucks servicing waste are not parked contrary to the Town’s Parking Local Law;

g. Measures to ensure bins are kept clean and maintained in operable Condition.

(ii) That Condition 22 be deleted and the remaining Conditions be renumbered

accordingly. REASON: By adding point g. to Condition 21 (now Condition 17) it is not needed to be specifically limited to that which is mentioned in Condition 22. The Amending Motion was put and CARRIED (3/1). For: Ms Megan Adair Mr Jason Hick Mr Christopher Antill Against: Deputy Mayor Zenda Johnson AMENDING MOTION 8 Moved by: Mr Jason Hick Seconded by: Deputy Mayor Zenda Johnson That Condition 24 (now Condition 19) be amended to read as follows:

A detailed Landscape and Reticulation Plan drawn to a scale no less than 1:100 for the development site and adjoining road verges, shall be submitted and approved by the Town prior to submission of a Building Permit and shall show at a minimum:



a. The location and species of all proposed trees and plants; b. Areas to be reticulated and the proposed reticulation system; c. The proposed climbing structure for the landscaping in the laneway; d. The treatment of any hard surfaces in the road reserves, including the



result in water discharging into the road reserve. g. Landscaping in the deep soil area within the “sight lines” shall not

exceed a height of 1.5m at any time. h. Clear delineation of responsibilities for ongoing maintenance.

REASON: This sets out a clear basis for understanding what the extent of the obligation is for all parties. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION 9 Moved by: Mr Jason Hick Seconded by: Ms Megan Adair That Condition 43 be deleted and remaining Conditions be renumbered accordingly. REASON: It would be accommodating what is being proposed in the current plans and it would be dealt with in the future through processes and on its own merits. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION 10 Moved by: Mr Jason Hick Seconded by: Deputy Mayor Zenda Johnson That Condition 46 (now Condition 40) be amended to read as follows:

Public Art Plan A comprehensive proposal on Public Art Plan shall be submitted to and approved by the Town, prior to submission for a Building Permit, that, at a minimum, addresses the following matters:

a) The type of public art elements proposed; b) The proposed location of each public art element proposed; c) Details including materials, colour and design of each public art item; d) Each item shall relate to the history of the site as a nursery.

REASON: The requirement that the art relates to the history of the site will be dealt with by the Town and would be addressed to the satisfaction of the Town and does not have to be an inherent specific requirement of the public art plan. The Amending Motion was put and CARRIED UNANIMOUSLY.



AMENDING MOTION 11 Moved by: Mr Jason Hick Seconded by: Deputy Mayor Zenda Johnson That Condition 47 (now Condition 41) be amended to read as follows:

The Public Art Plan shall be installed in accordance with the approval and maintained in good order at all times to the Town’s satisfaction.

REASON: To provide better clarity to the Condition. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION 12 Moved by: Mr Jason Hick Seconded by: Deputy Mayor Zenda Johnson That Condition 49 (now Condition 43) be amended to read as follows:

An Acoustic Report that identifies any necessary measures to limit noise impacts between the Residential and Commercial components in accordance with the criteria set out in the Environmental Protection (Noise Regulations) 1987 shall be prepared and submitted to the Town prior to the submission for Building Permit and the proposed measures shall be shown on the Building Plans submitted for Building Permit.

REASON: To clarify what the requirement is to meet. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION 13 Moved by: Mr Jason Hick Seconded by: Deputy Mayor Zenda Johnson That Condition 54 (now Condition 48) be amended to read as follows:

A Sustainability Report that demonstrates that the proposal can achieve the superior sustainability outcomes proposed in the application levels for the full life cycle of the development shall be submitted to the Town and approved prior to the submission of Building Permit.

REASON: To provide clarity around the expectation of the Condition. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION 14 Moved by: Mr Jason Hick Seconded by: Deputy Mayor Zenda Johnson That Condition 55 be deleted and remaining Conditions be renumbered accordingly.



REASON: This should be dealt with in terms of the materials considered before the materials are installed. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION 15 Moved by: Mr Jason Hick Seconded by: Deputy Mayor Zenda Johnson That Condition 56 and the heading “Amenity” be deleted and remaining Conditions be renumbered accordingly: REASON: To avoid duplication of Conditions. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION 16 Moved by: Mr Jason Hick Seconded by: Mr Christopher Antill That Condition 59 and the heading “Walls on Boundary” be deleted and remaining Conditions be renumbered accordingly. REASON: This has already been addressed through another Condition and it is an ongoing requirement that is unclear. The Amending Motion was put and LOST (1/3). For: Mr Jason Hick Against: Ms Megan Adair Deputy Mayor Zenda Johnson Mr Christopher Antill AMENDING MOTION 17 Moved by: Mr Christopher Antill Seconded by: Deputy Mayor Zenda Johnson That Condition 59 (now Condition 51) be amended to read as follows: The Owners of the subject land, shall finish and maintain the external surface of all boundary wall facing 30 and 40 A-C Glyde Street in a good and clean condition to the satisfaction of the Town and in consultation with the adjoining landowner. REASON: The requirement for maintenance the boundary wall in perpetuity is not reasonable. The Amending Motion was put and CARRIED UNANIMOUSLY.



ALTERNATE MOTION (AS AMENDED) That the Metro West JDAP resolves to:

1. Approve DAP Application reference DAP/18/01393 and accompanying plans MJA Project Number 17090 – marked ‘Revised Plans’, A1.01 (Rev D), A1.02 (Rev K), A1.03 (Rev F), A1.04 (Rev F), A1.05 (Rev H) and A1.06 (Rev H), A1.07 (Rev E), A1.08 (Rev C), A1.09 (Rev C), A1.10 (Rev A), A1.11(Rev A), A1.12 (Rev A), date stamped 18 September 2018, subject to the following Conditions:

Conditions Term of Approval

1. This decision constitutes Development Approval only and is valid for a period of two (2) years from the date of approval. If the subject development is not substantially commenced within the two (2) year period, the approval shall lapse and be of no further effect.

Use of Premises

2. The plans submitted for Building Permit shall be revised to show 150m2 of area allocated for Restaurant/Café and 116m2 allocated for Shop.

3. The Commercial Tenancies subject of this approval shall be used for the

following purposes, as defined by the Town of Mosman Park Local Planning Scheme No. 3 as follows: Restaurant/Café: 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.

Shop: 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.

4. The Restaurant/Café tenancy (150m2) shall be limited to a maximum of 75

patrons at any one time.

5. The use of the roof top garden is limited to the residential users of the development and their visitors, and users of the Office component, and shall not be independently leased, or permitted to be used by persons that do not reside/occupy a space in the building.

End of Trip Facilities

6. End of trip facilities shall be shown for each Commercial Tenancy on the plans submitted for Building Permit and implemented and maintained to the satisfaction of the Town.



Car Parking and Access

7. A cash in lieu payment of $11,868.75 per car bay is payable to the Town for the shortfall of 17 carparking spaces required for the Office, Shop and Restaurant prior to submission of Building Permit.

8. The parking areas shall be used only by the Residents, Tenants and Visitors directly associated with the development.

9. As part of the Building Permit submission, demonstrate to the satisfaction of

the Town:

i. Internal driveways and vehicle manoeuvring areas have been designed in accordance with AS2890.1-2004 Parking Facilities Part 1: Off Street Parking;

ii. All residential parking spaces comply with the requirements of AS2890.1;

iii. All Commercial parking spaces comply with the requirements of AS2890.2-2004: Commercial Vehicle Facilities;

iv. All access ramps shall be designed to meet Australian Standard AS/NZS 2890.1:2004 Section 2.5;

v. An accessible car bay compliant with AS 2890.6 with a demonstrated continual accessible path of travel from the bay to the Commercial Tenancies is provided;

vi. The lift complies with AS 1735.12 (Facilities for persons with disabilities).

vii. The bicycle facilities shall be designed in accordance with AS2890.3.

10. All parking areas shall be adequately sealed, paved and drained to the satisfaction of the Town and all parking bays shall be line marked and sign posted in accordance with the approved plans.

11. The ‘small car bays’ shall be demarcated as such to the satisfaction of the Town.

Parking and Access Management Plan

12. A Parking and access Management Plan shall be submitted and approved by the Town prior to submission of Building Permit that includes, but is not limited to, the following:

i. Detailing management measures for the operation of the vehicular entry gate, to ensure access is readily available for Owners/Visitors/Tenants to the Residential and Commercial units at all times;

ii. Details of measures/mechanical devices that will be used to alert visitors to the complex of the availability of Visitor Bays;

iii. Minimise conflict in regard to movement of vehicles in the car parking areas;

iv. How the ‘Small Car Bays’ will be managed; v. Outline how the parking for the proposed development will be managed

and identify practical strategies to minimise parking demand and conflict between different users.



13. The Parking Management Plan shall be implemented and the development to be carried out in accordance with the plans, to the satisfaction of the Town at the expense of the Owners/Occupiers.

Interactive Front

14. All facades of the Commercial Tenancies on the ground floor to be provided with an open glazed front and not to be obscured with glazing/film in order to maintain street activation of the Commercial frontages and a high level of pedestrian interface to the satisfaction of the Town.

Finish and maintenance of building

15. The plans submitted for Building Permit must include a schedule of External Finishes (including materials, colour schemes and details) that is generally in accordance with that proposed in the Planning Application to the satisfaction of the Town with particular reference to, but not limited to, the following:

a) Front and rear facades of the building; b) The detailed treatment of the Commercial Tenancies on the ground

floor; c) Front fence and proposed artistic interpretations; d) Pavement treatments for servicing bay at rear for waste collection; e) External surfaces shall be treated with Graffiti resistant material.

16. The development shall be finished in accordance with the approved schedule

of external finishes prior to the use or occupation of the development. Waste Management

17. A revised Waste Management Plan to be submitted and approved by the

Town prior to submission of a Building Permit Application. The plan shall include, but is not limited to:

a. The bin store being split into two (2) zones for Commercial and Residential refuse;

b. Signage that clearly differentiates one store from another; c. Identification of a mechanism that will restrict entry into the

Commercial bin store so that access is restricted to the Commercial Tenants and the Commercial waste provider;



f. Measures proposed to be taken to ensure that any trucks servicing waste are not parked contrary to the Town’s Parking Local Law.

g. Measures to ensure bins are kept clean and maintained in operable Condition.

18. Bulk waste cannot be stored or collected from Glyde Street or Waite Lane.



Landscaping and Reticulation Plan

19. A detailed Landscape and Reticulation Plan drawn to a scale no less than 1:100 for the development site and adjoining road verges, shall be submitted and approved by the Town prior to submission of a Building Permit and shall show at a minimum:

a. The location and species of all proposed trees and plants; b. Areas to be reticulated and the proposed reticulation system; c. The proposed climbing structure for the landscaping in the laneway; d. The treatment of any hard surfaces in the road reserves, including the



result in water discharging into the road reserve; g. Landscaping in the deep soil area within the “sight lines” shall not

exceed a height of 1.5m at any time. h. Clear delineation of responsibilities for ongoing maintenance.

20. All works shown in the plans identified above shall be undertaken in

accordance with the Approved Plans to the Town’s satisfaction, prior to occupancy or use of the development and maintained thereafter to the satisfaction of the Town at the expense of the Owners/Occupiers.

21. Trees proposed on site shall have the following minimum sizes at time of planting:

a) All trees located adjacent to Waite Lane shall have a minimum container size of 400L;

b) All other proposed trees shall have a minimum container size of 800L. Parklet

22. Prior to the submission of an Application for Building Permit, the concept plans submitted for the Parklet shall be developed in consultation with the Town to a proposal that is acceptable to the Town showing in detail:

a) All proposed materials and finishes; b) All soft and hard landscaping; c) The scale and permanency of any proposed structures; d) Level differences and how they are managed to achieve user friendly

spaces; e) That the Parklet is accessible for all abilities; f) Proposed lighting; g) Reticulation of landscaped areas.

23. Once the concept plan has been finalised, Construction Plans shall be

submitted and approved by the Town prior to any work being undertaken.

24. A Bank Guarantee or Bond of $50,000 is required to be lodged by the Applicant prior to the commencement of any works in the road reserve. The Bank Guarantee or Bond will not be released until at least 3 months after the



practical completion date of the works and only after all reinstatements are carried out to the satisfaction of the Town.

25. All work to implement the Parklet shall be undertaken in accordance with the

approved plans exclusively at the Applicant’s cost.

26. The Applicant is responsible to obtain all necessary approvals to use the road reserve for a Parklet.

27. The landowner shall be responsible for the maintenance of the Parklet in

perpetuity to the satisfaction of the Town.

28. Prior to commencing construction of the Parklet, the landowner is to enter into a Legal Agreement with the Town to include as a minimum:

a. Continuously maintain all aspects of the Parklet to the satisfaction of

the Town; b. Indemify the Town against any claim for loss, damage or injury arising

from the use of the Parklet. All costs associated with the preparation of the Agreement, including those incurred by the Town shall be borne by the landowner.

Lighting

29. Prior to submission of a Building Permit Application, the lighting and lux plan shall be submitted to and approved by the Town. The plan shall show all proposed lighting of, but is not limited to, the following:

a. Communal area; b. Access points to the building; c. Waite lane; d. Building in general, as it presents to the streetscape amenity.

30. Light shall be designed in accordance with the ‘Control of Obtrusive Effects of

Outdoor Lighting (AS4282) and shall not result in overspill into neighbouring lots.

31. Lighting shall be installed and maintained in accordance with the Approved Plan to the satisfaction of the Town.

Awning

32. The Awning design shall be submitted to and approved by the Town prior to Building Permit Application. The design shall show that water will be retained on the structure and will not fall in to the Glyde Street Road Reserve.

33. The awning shall be maintained by the landowner in perpetuity to the satisfaction of the Town.



Stormwater Management Plan

34. A detailed Stormwater Management Plan prepared by a suitability qualified and experienced person shall be submitted and approved by the Town prior to the submission of a Building Permit and includes but is not limited to:

a) All stormwater shall be retained on site; b) Stormwater management for the Parklet; c) Internal accesses and paths are to be designed in such a manner as

to prevent storm water entering the property from the road, footpath and right of ways;

d) Provision for 1 in 100 year event. Construction Management Plan

35. 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 submitted and approved by the Town prior to making application for a Building Permit. Construction on and management of the site shall hereafter comply with the approved Construction Management Plan.

Utilities and Facilities

36. 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 Town.

37. All fire boosters and external fixtures shall be screened so that they are not visible from the street – Clause 5.1.3.5 of LPP15 (active frontages).

Road widening

38. The adjoining under width road (Waite Lane) being widened by 0.5m along the full frontage of the land, the subject of this application, by the Applicant/Owner transferring the land required to the Crown, free of cost for the purposes of widening Waite Lane.

39. The section of Waite Lane widened in accordance with this approval, is to be constructed and drained at the full cost of the Applicant/Owner in accordance to specification from the Town of Mosman Park.

Public Art Plan

40. A Public Art Plan shall be submitted to and approved by the Town, prior to submission for a Building Permit, that, at a minimum, addresses the following matters:

a) The type of public art elements proposed; b) The proposed location of each public art element proposed; c) Details including materials, colour and design of each public art item;

41. The Public Art Plan shall be installed in accordance with the approval and

maintained in good order at all times to the Town’s satisfaction.



Clothes Drying Facilities

42. Each multiple dwelling shall be provided with a clothes drying facility that is not visible from Glyde Street, Waite Lane or adjoining properties.

Acoustics Report

43. An Acoustic Report that identifies any necessary measures to limit noise impacts between the Residential and Commercial components in accordance with the criteria set out in the Environmental Protection (Noise Regulations) 1987 shall be prepared and submitted to the Town prior to the submission for Building Permit and the proposed measures shall be shown on the Building Plans submitted for Building Permit.

44. Certification from an acoustic Consultant shall be provided prior to occupation

of the development confirming that the measures recommended in the Acoustic Report have been implemented.

Notification to Prospective Purchasers

45. The Contract of Sale and the Strata Agreement shall include the following notifications to alert prospective purchasers in regard to the following:

a) The development includes Small Car Bays that cannot accommodate standard sized vehicles;

b) Bulk waste shall be internally serviced and remains the responsibility of the Body Corporate/Resident and shall not be stored on Glyde Street or Waite Lane at any time;

c) Additional fees and charges are payable by future users of the development due to the need for increased frequency of rubbish removal;

d) The Commercial Tenancies are permitted to use six (6) Residential Visitor Bays on the basis of reciprocal parking;

e) Clothes drying facilities shall not be visible from Glyde Street, Waite Lane and adjoining properties.

Verge Trees

46. No verge trees shall be removed or damaged, including unauthorised pruning, and any verge tree likely to be affected by the development shall be protected during construction to the satisfaction of the Town in accordance with Council Policy 2.2.7 Street Trees.

Encroachment

47. All structures (and associated footings) shall be contained within the lot boundaries of the subject site.

Sustainability

48. A Sustainability Report that demonstrates that the proposal can achieve the sustainability outcomes proposed in the application for the full life cycle of the



development shall be submitted to the Town and approved prior to the submission of Building Permit.

Signage

49. Separate Approval is required for any signage for the Commercial Tenancies. Dilapidation Report

50. Dilapidation Reports shall be undertaken for 26, 30, 40A-C and 42 Glyde Street, and 11, 17, 21 and 25 St Leonards Street, and submitted to the Town prior to submission for Building Permit.

Walls on Boundary

51. The Owners of the subject land, shall finish the external surface of all boundary wall facing 30 and 40 A-C Glyde Street in a good and clean condition to the satisfaction of the Town and in consultation with the adjoining landowner.

Advice Notes: 1) This is a Development Approval only, and is issued under the Town of

Mosman Park Local Planning Scheme No. 3 and the Western Australian Planning Commission’s Metropolitan Region Scheme. It is the proponent's responsibility to comply with all other applicable legislation and obtain all required approvals, licences and permits prior to commencement of this development.

2) An Infrastructure Protection Bond together with a non-refundable inspection

fee will be payable at submission of Building Permit and will be held until all building/development works have been completed and any disturbance of, or damage to the Town’s infrastructure, including verge trees, has been repaired/reinstated to the satisfaction of the Town. An Application for the refund of the bond shall be made in writing. The bond is non-transferable.

3) The Town 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 for a Building Permit. The cost of relocation of any services shall be borne by the Applicant/Owner.

4) In regard to the Condition relating to the proposed awning in Glyde Street, the

final construction drawings for the awning must be approved by the EMTS prior to installation and be offset from the edge of kerb or carriageway including parking bays [whichever is closer to the property boundary] by a minimum of 300mm horizontal distance.

5) A Certified Building Permit is required to be submitted to the Town.

6) In regard to the Construction Management Plan Condition, an Application

Form/Checklist is available on the Town’s website.



7) The Environment Protection (Noise) Regulations 1997 limit any building work that may cause noise to the following times:

Monday - Saturday 7.00 am - 7.00 pm Sundays and Public Holidays Nil

Notwithstanding the above, works of a minor nature may be performed on the site at any reasonable times provided that no noise is generated.

8) The proponent is required to take all necessary measures to ensure that

nuisance to adjoining properties, from dust or noise (which exceeds the limitations of the Environmental Protection Act) as a result of enacting this approval, is minimised.

9) This Approval is not an authority to ignore any constraint to development on

the land, which may exist through Contract or on Title, such as an easement or Restrictive Covenant. It is the responsibility of the Applicant and not the Town to investigate any such constraints before commencing development.

10) In regard to the limitation on patrons for the Restaurant/Café, the carparking

calculations are based on 50% of the tenancies being needed as kitchen and service areas, leaving 75m2 for patrons.

11) In relation to the Parklet, the Owner/Applicant when carrying out works in the

road reserve, will be responsible for location and protection of public utility services within the road reserve and is to obtain details of service locations from relevant utility authorities prior to the commencement of any works within the road reserve.

REASON: It is an outstanding building which has merit and it will contribute positively to Glyde Street. The Alternate Motion (as amended) was put and CARRIED UNANIMOUSLY. 9. Form 2 – Responsible Authority Reports – Amending or cancelling DAP

development approval

Nil 10. Appeals to the State Administrative Tribunal

The Presiding Member noted the following State Administrative Tribunal Applications -

Current Applications

LG Name Property Location Application Description

City of Vincent Lots 7 and Y271 (14) Florence Street, West Perth

15 Multiple Dwellings

City of Vincent Lot 181 (6) Burt Street and Lot 417 (51K) Monmouth Street, Mount Lawley

Mixed Use Development

Town of Cambridge

Lot 2 (130) and Lot 3 (132) Brookdale Street, Floreat

Child Care Centre



Current Applications

LG Name Property Location Application Description

Town of Claremont

Lot 508 (3) Shenton Road, Claremont

Eight Storey Mixed Use Development

11. General Business / Meeting Close

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. There being no further business, the Presiding Member declared the meeting closed at 11.29am.

Metro West Joint Development Assessment Panel …...Meeting No. 207 18 October 2018 Ms Megan Adair...

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Transcript of Metro West Joint Development Assessment Panel …...Meeting No. 207 18 October 2018 Ms Megan Adair...