Southern Joint Development Assessment Panel Agenda daps/southern jdap... · Southern Joint...

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Southern Joint Development Assessment Panel Agenda

Meeting Date and Time: Thursday, 3 March 2016; 12:30pm Meeting Number: SJDAP/11 Meeting Venue: Department of Planning – Room 2.44 140 William Street, Perth Attendance

DAP Members Mr Ian Birch (Presiding Member) Ms Sheryl Chaffer (Deputy Presiding Member) Mr Tony Casella (Specialist Member) Cr Grant Henley (Local Government Member, City of Busselton) – via teleconference Cr Terry Best (Local Government Member, City of Busselton) – via teleconference Officers in attendance Mr Andrew Watts (City of Busselton) – via teleconference Department of Planning Minute Secretary Ms Dallas Downes Applicant and Submitters Mr Andre Van Der Westhuizen (McDonald’s Australia Limited) Members of the Public Nil 1. Declaration of Opening

The Presiding Member declares the meeting open and acknowledges the past and present traditional owners and custodians of the land on which the meeting is being held.

2. Apologies

Nil

3. Members on Leave of Absence

Nil

Version: 2

4. Noting of Minutes

Note the Minutes of the Southern JDAP meeting No.10 held on the 1 February 2016.

5. Declarations of Due Consideration

Any member who is not familiar with the substance of any report or other information provided for consideration at the DAP meeting must declare that fact before the meeting considers the matter.

6. Disclosure of Interests

Nil

7. Deputations and Presentations

7.1 Mr Andre Van Der Westhuizen (McDonald’s Australia Limited) presenting for the application at Item 8.1. The presentation will support the recommendation in the RAR, but will request minor rewording of two conditions.

8. Form 1 - Responsible Authority Reports – DAP Application 8.1 Property Location: Lots 9542 Bussell Highway, Vasse Application Details: Proposed Takeaway Food Outlet – McDonald’s Applicant: Urbis Pty Ltd Owner: Perron Developments Pty Ltd and Stawell Pty

Ltd Responsible authority: City of Busselton DoP File No: DAP/16/00971

9. Form 2 – Responsible Authority Reports - Amending or cancelling DAP development approval

Nil

10. Appeals to the State Administrative Tribunal

Nil

11. General Business / Meeting Closure

Meeting No.10 1 February 2016

Mr Ian Birch Presiding Member, Southern JDAP Page 1

Minutes of the Southern Joint Development Assessment

Panel Meeting Date and Time: Monday, 1 February 2016; 2:00pm Meeting Number: SJDAP/10 Meeting Venue: Shire of Augusta-Margaret River 41 Wallcliffe Road, Margaret River Attendance

DAP Members Mr Ian Birch (Presiding Member) Ms Sheryl Chaffer (Deputy Presiding Member) Mr Anthony Casella (Specialist Member) Cr Kylie Kennaugh (Local Government Member, Shire of Augusta-Margaret River) Cr Ian Earl (Local Government Member, Shire of Augusta-Margaret River) Officers in attendance Mr Nick Logan (Shire of Augusta-Margaret River) Local Government Minute Secretary Ms Rebecca Kevill Applicant and Submitters Mr Rod Hamersley (Australian Development Capital) Mr Peter Gleed (PGPM) Mr Scott Bradley (Grounds Kent Architects) Mr Linton Hodsdon Members of the Public Nil 1. Declaration of Opening

The Presiding Member, Mr Ian Birch declared the meeting open at 2.00pm on 1 February 2016 and acknowledged the past and present traditional owners and custodians of the land on which the meeting was being held.

The Presiding Member announced the meeting would be run in accordance with the Development Assessment Panel Standing Orders 2012 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 Standing Orders 2012; No Recording of



Meeting, 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

Nil

3. Members on Leave of absence

Nil

4. Noting of minutes

Minutes of the Southern JDAP meeting no.9 held on 14 January 2016 were noted by DAP members.

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of interests

Panel members, Cr Kylie Kennaugh and Cr Ian Earl, each declared an impartiality interest in item 8.1. Both Councillors attended a Council Meeting on 27 January 2016 where this application was heard. Both Councillors also declared attending a public meeting convened by the Council administration, as observers only. Under clause 2.4.9 of the DAP Code of Conduct, both Councillors participated in the prior Council decision in accordance with their functions as a member of a local government. In accordance with section 4.6.1 and 4.6.2 of the Standing Orders 2012, the Presiding Member determined that the members listed above, who have disclosed an impartiality interest, are permitted to participate in discussion and voting on the items.

In accordance with Section 2.4.6 of the Code of Conduct 2011, DAP members participated in a site visit for the application at Item No. 8.1 prior to the DAP Meeting.

7. Deputations and presentations 7.1 Mr Linton Hodsdon addressed the DAP against the application at Item 8.1. 7.2 Mr Peter Gleed ((PGPM) and Mr Scott Bradley (Grounds Kent Architects)

addressed the DAP for the application at Item 8.1. Mr Gleed and Mr Bradley answered questions from the panel.



8. Form 1 - Responsible Authority Reports – DAP Application

8.1 Property Location: Lot 783 Wallcliffe Road, Gnarabup Application Details: Proposed Resort Applicant: Australian Development Capital Owner: Wallcliffe Nominees Pty Ltd and Gnarabup

Beach Pty Ltd Responsible authority: Shire of Augusta Margaret River DoP File No: DAP15/00885

REPORT RECOMMENDATION / PRIMARY MOTION Moved by: Ms Sheryl Chaffer Seconded by: Mr Ian Birch That the South-west Joint Development Assessment Panel resolves to: Approve DAP Application reference 15/00885 and accompanying plans SK100 and SK101 Revision J, and plans SK130, 131, 210, 211, 220, 230, 410, 420, 430, 510, 520, 530, 610, 620, 630, 710, 720, 730 in accordance with Clause 68(2) of the Shire of Augusta Margaret River Local Planning Scheme No. 1, subject to the following conditions: Conditions 1. The development is to be carried out in compliance with the plans and

documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications

P1 and P2 (SK100 and 101 Revision J) received at the Shire on 14 January 2016 and P3 – P21 received at the Shire on 8 September 2015.

2. This decision constitutes planning approval only and is valid for a period of two

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

3. This proposed villas shall only be used for short stay accommodation. Short

stay accommodation means accommodation by a person or group of people for a period of less than three (3) months in any one 12 month period. The villas shall not be used for permanent residential purposes.

4. All facilities including accommodation and other commercial tourism facilities

shall be subject to a centralised management and booking arrangement with a manager to be permanently on-site while facilities are in use.

5. All development pursuant to this approval shall be implemented in a single

stage of construction. A construction management plan detailing compliance with this requirement shall be provided to the Shire’s satisfaction prior to any development being undertaken.



6. Occupancy of the restaurant facility is limited to a maximum capacity of 214 people. Occupancy of the function room is limited to a maximum capacity of 128 people. This capacity may be cumulative where the restaurant and function facilities are used in conjunction.

7. The height of proposed villa 32 shall be reduced by replacement with a single

storey alternative with an RL of not greater than 19.0. The height of units 33 and 34 shall be reduced in height by a reduction of RL to 18.0 or below. All Type 4 and 4w villas adjacent the western and northern boundaries of the development shall comply with the 7 metre height limit.

8. The height of the central facilities building shall be reduced by the first floor RL

being lowered to 18.5RL or below.

9. A schedule of colour and texture of the building materials shall be submitted to the Shire’s satisfaction prior to the commencement of any work(s) and shall be implemented accordingly.

10. Vehicle parking areas (internal and external), internal roads, access ways and

crossover(s) shall be designed, constructed, lit, sealed, kerbed, drained, line marked and thereafter maintained in accordance with Australian Standards and the Shire’s Standards and Specifications, prior to occupation of the development.

11. The overflow parking area to the north of the Site shall be accessed internally

from the Site and no egress is permitted to Wallcliffe Road. This parking area and access shall be located adjacent the northern boundary of the site, consistent with the emergency access way requirements of the fire management plan and provide adequate separation for pedestrian access.

12. A Transport Management Plan shall be prepared to the Shire’s satisfaction and

thereafter implemented.

13. Any bus visiting the site shall not utilise public parking facilities in the locality.

14. A detailed Stormwater Management Plan is to be submitted for approval with supporting calculations prior to commencement of works.

15. Prior to the commencement of development the proponent shall pay a

development bond of $10,000.00 as per the Council’s Policy PE.51 Development Bonds.

16. Proposed pedestrian access ways are to be designed and constructed to the

satisfaction of the Shire. Alignments are to be agreed prior to construction. 17. Any external lighting must be installed and operated so that there is no

detrimental impact upon the amenity of the locality. 18. Prior to the commence of development the proponent shall prepare and

implement improvements to local foreshore facilities, these improvements to include: • Improvements to foreshore access. • Expansion of the upper Gnarabup carpark. • Public open space facilities in association with the carpark expansion.



• The incorporation of public art within the public open space improvement area.

19. A Landscape Plan shall be prepared to the satisfaction of the Shire by a

suitably qualified and/or experienced landscape consultant and be submitted to the Shire prior to the commencement of development. The Landscape Plan shall be drawn to scale and show the following: • The location, name and mature heights of existing and proposed trees,

shrubs and ground covers. • Any lawns and paved areas to be established. • Any natural landscaped areas to be retained. • Those areas that are to be reticulated or irrigated are demonstrated to be

designed using water sensitive principles. • Consistency with the requirements of the Fire Management Plan.

20. Landscaping shall be implemented prior to occupation/use of the development

and shall be maintained at all times. 21. A Fire Management Plan shall be finalised to the satisfaction of the Shire and

the Department of Fire and Emergency Services prior to any development being undertaken. The Fire Management Plan shall thereafter be implemented to the satisfaction of the Shire.

22. Prior to any development being implemented the landowner shall ensure that a

notification on the title of the land is secured, providing the following advice: VULNERABLE COASTAL AREA – Portion of this lot is located in an area that may be subject to coastal erosion and/or inundation over the next 100 years.

23. The Proponent shall design and construct turning and manoeuvring areas

within the development to accommodate rubbish collection services to the satisfaction of the Shire. Design for waste storage, screening, and collection utilising the internal one-way traffic system shall be provided to the Shire’s satisfaction prior to the commencement of development.

Advice Notes a) A detailed engineering plan is to be submitted for approval prior to

commencement of works showing construction details including pavement levels and thickness, earthworks, roads and paths, drainage, clearing cross fall, drainage disposal method, parking bay dimensions and aisle widths, landscaping/rehabilitation and soil stabilisation measures, both during and after construction to the satisfaction of Local Government.

b) Onsite detention volume of 1m³ of water for every 100m² of impervious area including roof, driveways, parking areas and paved areas with a restricted outflow into the Shire's drainage system or to comply with onsite storage requirements. Stormwater basins are not to hold water for longer than four days and constructed to the Satisfaction of Local Government.

c) Works are prohibited within the road reserve including any pruning or clearing

of vegetation without prior written approval of the Shire. The Proponent shall submit and implement a Traffic Management Plan prepared by a licenced Traffic Manager in accordance with MRWA Traffic Management Code of Practice and Australian Standards AS1742.3-2002 for any works on or within the road reserve (including road).



d) The Transport Management Plan shall incorporate the following details:

• The provision of ‘end of trip’ facilities to support alternative modes of transport, such as cycle facilities and showers for patrons and staff.

• Methods to encourage and implement shared trips to and from the site. • Methods to ensure that patrons and staff of the facilities are not utilising

adjacent public parking areas while visiting the site. e) As Constructed details and drawings of all new constructed infrastructure

(roads, drainage and pathways) shall be submitted to the Shire in an approved format following the completion of works. The As Constructed details and drawings shall address and include the following; • Receipt of the consulting engineer's certificate of compliance that the works

have been completed in accordance with the approved drawings and specifications,

• Submission of certified as-constructed drawings in electronic ‘A-spec’ format as specified by the Local Government,

• Provide detail and value of the works so that it can be placed on the local government’s asset register.

f) A Construction Management Plan shall address, but need not be limited to, the following items: • Working within Shire reserves • Ensuring proper approvals have been obtained • Access points to construction site • Materials lay down • Construction workers parking • Fencing of building sites • Littler and building rubbish control • Stormwater, soil stabilisation, sedimentation and erosion control • Dust control • Working hours • Construction noise • Minimum facilities to be provided • Storage of goods • Insurances for construction related use of public area • Prevention of soil tracking

g) In relation to foreshore management improvements, the proponent will prepare

a range of improvements for the Shire’s consideration which will then be subject to a further public consultation process to consider the detail of these improvements.

h) Use and maintenance of landscaping and parking areas for the development

located within Shire land will require separate authorisation under Shire Local Laws. This authorisation will be required prior to any work being undertaken on Shire managed land.

AMENDING MOTION Moved by: Mr Anthony Casella Seconded by: Mr Ian Birch To amend Condition 2 to read as follows:



2. This decision constitutes planning approval only and is valid for a period of

three (3) years from the date of approval. If the subject development is not substantially commenced within the three year period, the approval shall lapse and be of no further effect.

REASON: To allow sufficient time for the applicant to satisfy the conditions. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION Moved by: Mr Anthony Casella Seconded by: Cr Ian Earl To amend Condition 7 to read as follows: 7. The proposed villa 32 shall be replaced with a single storey villa with an RL of

not greater than 18.5. The height of any buildings on the site shall not exceed the 7m height limit prescribed in LPS 1 with the exception of the variations shown on the submitted plans referred to in Condition 1.

REASON: Considered that the plans as submitted generally meet the intent of the 7m height limit whilst allowing for minor variations to be considered in accordance with LPS 1. These variations will not have an undue visual impact on the landscape. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION Moved by: Mr Anthony Casella Seconded by: Cr Ian Earl To delete Condition 8 and renumber remaining conditions accordingly. 8. The height of the central facilities building shall be placed by the first floor RL

being lowered to 18.5RL or below. REASON: The building height is currently under the 7m height limit. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION Moved by: Ms Sheryl Chaffer Seconded by: Mr Anthony Casella To amend Condition 18 (now 17) to read as follows:

18. Prior to occupancy of the development the proponent shall prepare and implement improvements to local foreshore facilities, as shown generally on drawing no SK100 Rev J. These improvements to include: • Improvements to foreshore access.



• Expansion of the upper Gnarabup carpark. • Public open space facilities in association with the carpark expansion. • The incorporation of public art within the public open space improvement

area to a maximum value of 0.25% of the construction value.

REASON: to allow the proponent sufficient time to satisfy the condition and for greater clarity. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION Moved by: Mr Anthony Casella Seconded by: Cr Ian Earl To amend Condition 22 (now 21) to read as follows: 22. Prior to occupancy of the development the landowner shall ensure that a


REASON: To allow the proponent sufficient time to satisfy the condition.

The Amending Motion was put and CARRIED UNANIMOUSLY. PRIMARY MOTION (AS AMENDED) That the South-west Joint Development Assessment Panel resolves to: Approve DAP Application reference 15/00885 and accompanying plans SK100 and SK101 Revision J, and plans SK130, 131, 210, 211, 220, 230, 410, 420, 430, 510, 520, 530, 610, 620, 630, 710, 720, 730 in accordance with Clause 68(2) of the Shire of Augusta Margaret River Local Planning Scheme No. 1, subject to the following conditions: Conditions 1. The development is to be carried out in compliance with the plans and

documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications

P1 and P2 (SK100 and 101 Revision J) received at the Shire on 14 January 2016 and P3 – P21 received at the Shire on 8 September 2015.

2. This decision constitutes planning approval only and is valid for a period of three

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

3. The proposed villas shall only be used for short stay accommodation. Short stay

accommodation means accommodation by a person or group of people for a



period of less than three (3) months in any one 12 month period. The villas shall not be used for permanent residential purposes.

4. All facilities including accommodation and other commercial tourism facilities

shall be subject to a centralised management and booking arrangement with a manager to be permanently on-site while facilities are in use.

5. All development pursuant to this approval shall be implemented in a single stage

of construction. A construction management plan detailing compliance with this requirement shall be provided to the Shire’s satisfaction prior to any development being undertaken.

6. Occupancy of the restaurant facility is limited to a maximum capacity of 214

people. Occupancy of the function room is limited to a maximum capacity of 128 people. This capacity may be cumulative where the restaurant and function facilities are used in conjunction.

7. The proposed villa 32 shall be replaced with a single storey villa with an RL of

not greater than 18.5. The height of any buildings on the site shall not exceed the 7m height limit prescribed in LPS 1 with the exception of the variations shown on the submitted plans referred to in Condition 1.

8. A schedule of colour and texture of the building materials shall be submitted to

the Shire’s satisfaction prior to the commencement of any work(s) and shall be implemented accordingly.

9. Vehicle parking areas (internal and external), internal roads, access ways and

crossover(s) shall be designed, constructed, lit, sealed, kerbed, drained, line marked and thereafter maintained in accordance with Australian Standards and the Shire’s Standards and Specifications, prior to occupation of the development.

10. The overflow parking area to the north of the Site shall be accessed internally

from the Site and no egress is permitted to Wallcliffe Road. This parking area and access shall be located adjacent the northern boundary of the site, consistent with the emergency access way requirements of the fire management plan and provide adequate separation for pedestrian access.

11. A Transport Management Plan shall be prepared to the Shire’s satisfaction and

thereafter implemented. 12. Any bus visiting the site shall not utilise public parking facilities in the locality. 13. A detailed Stormwater Management Plan is to be submitted for approval with

supporting calculations prior to commencement of works. 14. Prior to the commencement of development the proponent shall pay a

development bond of $10,000.00 as per the Council’s Policy PE.51 Development Bonds.

15. Proposed pedestrian access ways are to be designed and constructed to the

satisfaction of the Shire. Alignments are to be agreed prior to construction. 16. Any external lighting must be installed and operated so that there is no

detrimental impact upon the amenity of the locality.



17. Prior to occupancy of the development the proponent shall prepare and implement improvements to local foreshore facilities, as shown generally on drawing no SK100 Rev J. These improvements to include: • Improvements to foreshore access. • Expansion of the upper Gnarabup carpark. • Public open space facilities in association with the carpark expansion. • The incorporation of public art within the public open space improvement

area to a maximum value of 0.25% of the construction value.

18. A Landscape Plan shall be prepared to the satisfaction of the Shire by a

suitably qualified and/or experienced landscape consultant and be submitted to the Shire prior to the commencement of development. The Landscape Plan shall be drawn to scale and show the following: • The location, name and mature heights of existing and proposed trees,

shrubs and ground covers. • Any lawns and paved areas to be established. • Any natural landscaped areas to be retained. • Those areas that are to be reticulated or irrigated are demonstrated to be

designed using water sensitive principles. • Consistency with the requirements of the Fire Management Plan.

19. Landscaping shall be implemented prior to occupation/use of the development

and shall be maintained at all times. 20. A Fire Management Plan shall be finalised to the satisfaction of the Shire and

the Department of Fire and Emergency Services prior to any development being undertaken. The Fire Management Plan shall thereafter be implemented to the satisfaction of the Shire.

21. Prior to occupancy of the development the landowner shall ensure that a


22. The Proponent shall design and construct turning and manoeuvring areas

within the development to accommodate rubbish collection services to the satisfaction of the Shire. Design for waste storage, screening, and collection utilising the internal one-way traffic system shall be provided to the Shire’s satisfaction prior to the commencement of development.

Advice Notes a) A detailed engineering plan is to be submitted for approval prior to

commencement of works showing construction details including pavement levels and thickness, earthworks, roads and paths, drainage, clearing cross fall, drainage disposal method, parking bay dimensions and aisle widths, landscaping/rehabilitation and soil stabilisation measures, both during and after construction to the satisfaction of Local Government.

b) Onsite detention volume of 1m³ of water for every 100m² of impervious area

including roof, driveways, parking areas and paved areas with a restricted outflow into the Shire's drainage system or to comply with onsite storage



requirements. Stormwater basins are not to hold water for longer than four days and constructed to the Satisfaction of Local Government.

c) Works are prohibited within the road reserve including any pruning or clearing

of vegetation without prior written approval of the Shire. The Proponent shall submit and implement a Traffic Management Plan prepared by a licenced Traffic Manager in accordance with MRWA Traffic Management Code of Practice and Australian Standards AS1742.3-2002 for any works on or within the road reserve (including road).

d) The Transport Management Plan shall incorporate the following details:

• The provision of ‘end of trip’ facilities to support alternative modes of transport, such as cycle facilities and showers for patrons and staff.

• Methods to encourage and implement shared trips to and from the site. • Methods to ensure that patrons and staff of the facilities are not utilising

adjacent public parking areas while visiting the site. e) As Constructed details and drawings of all new constructed infrastructure

(roads, drainage and pathways) shall be submitted to the Shire in an approved format following the completion of works. The As Constructed details and drawings shall address and include the following; • Receipt of the consulting engineer's certificate of compliance that the works

have been completed in accordance with the approved drawings and specifications,

• Submission of certified as-constructed drawings in electronic ‘A-spec’ format as specified by the Local Government,

• Provide detail and value of the works so that it can be placed on the local government’s asset register.

f) A Construction Management Plan shall address, but need not be limited to, the following items: • Working within Shire reserves • Ensuring proper approvals have been obtained • Access points to construction site • Materials lay down • Construction workers parking • Fencing of building sites • Littler and building rubbish control • Stormwater, soil stabilisation, sedimentation and erosion control • Dust control • Working hours • Construction noise • Minimum facilities to be provided • Storage of goods • Insurances for construction related use of public area • Prevention of soil tracking

g) In relation to foreshore management improvements, the proponent will prepare

a range of improvements for the Shire’s consideration which will then be subject to a further public consultation process to consider the detail of these improvements.

h) Use and maintenance of landscaping and parking areas for the development

located within Shire land will require separate authorisation under Shire Local



Laws. This authorisation will be required prior to any work being undertaken on Shire managed land.

The Primary 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

Nil

11. General Business / Meeting Close

The Presiding Member reminded the meeting that in accordance with Standing Order 7.3 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 4.01pm.

Form 1 - Responsible Authority Report (Regulation 12)

Property Location: Lots 9542 Bussell Highway, Vasse Application Details: Proposed Takeaway Food Outlet –

McDonald’s DAP Name: South-West JDAP Applicant: Urbis Pty Ltd Owner: Perron Developments Pty Ltd and Stawell

Pty Ltd LG Reference: DA16/0003 Responsible Authority: City of Busselton Authorising Officer: Anthony Rowe – Manager Development

Services and Policy Department of Planning File No: DAP/16/00971 Report Date: 17 February 2016 Application Receipt Date: 23 December 2015 Application Process Days: 60 Days Attachment(s): 1: Location/Site/Aerial Plan

2: Development Plans and Elevations 3: Copies of responses received from

statutory or public authorities 4:Copies of the Development Guide Plan and

Detailed Area Plan Officer Recommendation: That the South-West JDAP resolves to: 1. Approve DAP Application reference DAP/16/00971 and accompanying plans

(DA01 - DA08, S01 – S06 and LA01), in accordance with Clause 11.3 of the City of Busselton Local Planning Scheme No.21, subject to the following conditions:

Conditions:

General Conditions:

a) The development hereby approved shall be substantially commenced within

two years of the date of this decision notice. b) The development hereby approved shall be undertaken in accordance with

the signed and stamped, approved plan(s) (enclosed), including any notes placed thereon in red by the City and except as may be modified by the following conditions.

Prior to Commencement of Any Works Conditions:

c) The development hereby approved, or any works required to implement the

development, shall not commence until the following plans or details have been submitted to the City and have been approved in writing:

i) Plans that satisfactorily address the following required design changes and as may be indicated in red on the Approved Development Plan(s)

a. Deletion of the car parking bay indicated on drawing DA02 as 19/waiting bay.

b. Deletion of all flag pole advertising devices depicted on drawings DA02, S02 and S05.

ii) A stormwater and groundwater management plan is prepared and submitted in order to comply with the approved UWMP for Vasse Newton Stage 1 Town Centre (revision J5347e and dated: 02/09/14);

iii) A detailed plan which shows natural ground levels, finished ground levels

and finished floor levels;

iv) Satisfactory arrangements shall be made with the City to provide public art works - This entails compliance with the Percent for Art provisions of the City's Development Contribution Policy via appropriate works up to a minimum value of 1% of the Estimated Cost of Development ("ECD"), where the value of on-site works is less than 1% of the ECD, a payment sufficient to bring the total contribution to 1% of the ECD is required;

v) A Dust Management Plan detailing measures to be implemented to

minimise the amount of dust pollution;

vi) Details including sealing and marking of the car parking bays, roads and footpaths, including lighting;

vii) Details of the bicycle parking facilities for a minimum of 10 bicycles, including the location, design and materials;

Prior to Occupation/Use of the Development Conditions:

d) The development hereby approved shall not be occupied or used until all plans, details or works required by Condition(s) (c) have been implemented and the following conditions have been complied with:

On-going Conditions: e) The following conditions are to be met on an ongoing basis to the satisfaction

of the City for the life of the development (when otherwise specified):

i) All works and actions required by Conditions C and D are to be maintained;

ii) Approved illuminated signage shall: a. Not be of a light emission intensity to cause a light overspill

nuisance to adjacent occupiers, cause a traffic hazard or distraction to drivers on the adjacent public road or be confused with traffic signals.

b. Not flash, pulsate, chase, or otherwise cause a nuisance to occupiers of an adjoining site or the local area.

c. Not use animation effects such as ‘fade’, ‘zoom’ or ‘fly-in’ for the change of messages or images.

d. Not utilise sequential messages.

e. Not change image or message on the Electronic display screen such that the minimum dwell time of each message or image is less than 2 minutes.

iii) No access from the proposed development to BusseII Highway unless

the proposed future left out access and the associated upgrading of the BusseII Highway has been designed and constructed; and

iv) Unless otherwise first agreed in writing, any trees or plants which,

within a period of five years from first planting, are removed, die or, as assessed by the City as being seriously damaged, shall be replaced within the next available planting season with others of the same species, size and number as originally approved.

Advice Notes

1. If the applicant and/or owner are aggrieved by this decision, there may also be a right of review under the provisions of Part 14 of the Planning and Development Act 2005. A review must be lodged with the State Administrative Tribunal, and must be lodged within 28 days of the decision being made by the City of Busselton.

2. This Decision Notice grants planning consent to the development the subject

of this application (DA16/0003). It cannot be construed as granting planning consent for any other structure shown on the approved plans which was not specifically included in this application.

3. Please note it is the responsibility of the applicant / owner to ensure that, in relation to substantial commencement, this Planning Consent remains current and does not lapse. The City of Busselton does not send reminder notices in this regard.

4. In accordance with the provisions of the Building Act 2011 and Building Regulations 2012, an application for a building permit must be submitted to, and approval granted by the City, prior to the commencement of the development hereby permitted.

5. With respect to Condition (d) (vi), applicants are encouraged to review the Percent for Art Policy Step by Step Guide for Developers which can be viewed on the City's website at www.busselton.wa.gov.au and liaise with the City's Cultural Development Officer at the earliest possible opportunity.

Background: Property Address: Lots 9542 Bussell Hwy, Vasse Zoning TPS: Vasse Development Zone Use Class: Takeaway Food Outlet Development Scheme: Local Planning Scheme No.21 Lot Size: 17.7835ha Existing Land Use: Vacant Value of Development: $2,348,150 The subject site is located on the north-west side of Bussell Highway, just east of the intersection with Busselton Bypass. The site is accessed by Napoleon Boulevard which also provides access to the Vasse Town Site to the south, is bounded by Ganges Lane to the north and a service road and Bussell Highway to the west. Adjacent to the site on all sides are future development areas that comprise ‘Vasse Village Centre’. The site is currently vacant and sub-division clearances are being obtained in order to create the titles; site works are complete and the laneway and service road have been constructed but only to a ‘prima-seal’ surface. Details: outline of development application Urbis Pty Ltd on behalf of McDonald’s Australia has lodged an application with the City of Busselton for development of a takeaway food outlet (McDonald’s Restaurant) associated parking, signage and landscaping. The takeaway food outlet is proposed to operate 24 hours per day, 7 days per week and will be located within a portion of Lot 9542 adjacent to Ganges Lane, within the Vasse Village Centre. The future development of Lot 9542 is intended to subdivide the portion of the Lot to be used by McDonald’s to create a separate Lot. Access to the site will be gained from Napoleon Promenade via access roads created as part of the Vasse Village development, which in the future will include a road providing direct access to the north of the proposed McDonald’s site. An easement to provide reciprocal vehicle access across lots has been created through the Vasse Village subdivision to provide for suitable vehicle access and traffic flow. Legislation & policy: Legislation Planning and Development Act 2005 City of Busselton Local Planning Scheme No.21

• Clause 4.6 – Land Use Permissibility in the Special Purpose, Vasse Development and Deferred Vasse Development Zone

• Clause 5.8 – Height of Buildings • Clause 10.4 – Advertising of Certain Applications • Clause 11.2 – Matters to be Considered • Clause 11.3 – Determination of Applications • Schedule 11 – Vasse Development Zone – Special Provisions

State Government Policies Nil Local Policies Development Contributions Policy – Percent for Art (Local Planning Policy 6.2) All development proposals for multiple dwellings, grouped dwellings, mixed use, commercial, civic, institutional, educations projects or public works of a value greater than $1,000,000 indexed to the Local Government Cost Index (LGCI) from February 2008, shall be regarded as eligible proposals under these provisions. The cost of any public art provided under these provisions shall be no less than one percent of the value of the eligible proposal and shall be provided on site or as a cash in lieu payment. General Development and Process Standards Policy - Car Parking Provisions (Local Planning Policy 8.1) The number of car parking spaces required for a takeaway food outlet would be calculated at 1 bay per 1m2 of queuing area and for restaurant the requirement would be 1 bay per 4 seats. Queuing area proposed is 16sqm with requirement for 16 bays. The restaurant proposed is for 100 seats requiring 25 bays. The DAP provides a generic concession of 10% for all uses in light of the availability of on-street parking. The proposal provides for a total of 26 fixed carparking bays with an additional 14 bays accommodated in drive-through stack. The proposal is therefore compliant with Policy carparking standards and has an oversupply of four bays. There is a proposal that has been developed between the subdivision developer and Main Roads to ultimately provide for a future left out access onto Bussell Highway, however this is not intended to be constructed until further subdivision stages are undertaken. One parking bay marked as19/waiting bay on page DA02 of the development plans is considered by Main Roads to be conflicting with the design of the future Bussell Highway access. Given the oversupply of parking bays proposed it is considered acceptable for this bay to be deleted from any approved plans. Further to requirements for car parking the Policy has requirements for bicycle parking. Bicycle parking for Takeaway Food Outlet is to be supplied at the rate of 2 per 100sqm GFA for employees and 2 per 50sqm GFA for visitors. The proposed 511m2 building requires a total of 31 bicycle parking bays. The applicant has proposed 4 bays. It is considered that whilst 30 bays is excessive, 4 bays is not adequate and therefore provision of 10 bicycle bays could be reasoned to be a suitable compromise.

Consultation: Public Consultation Due to the Use Classes proposed being in accordance with the Detailed Area Plan and that the Detailed Area Plan was extensively advertised, it is considered that formal advertising is not required. Consultation with other Agencies or Consultants Consultation was undertaken with Main Roads. No other agencies were identified as requiring consultation. The advice received is summarised below. Main Roads Main Roads expressed the following concerns:

• The proposed development access layout would conflict with provision of a future left out exit from Ganges Lane onto Bussell Highway.

• The drive through facility exit is close to the exit from the site onto Ganges Lane and future access onto Bussell Highway, which could increase the potential for vehicle conflicts.

• One car parking bay at the front of the development would encroach into the proposed left out exit lane on to Bussell Highway.

Main Roads understand that the proponent is not proposing to install a left-out exit lane to Bussell Highway and this could not be provided until an appropriate median treatment is provided in the highway to prevent right turn out. Main Roads notes that a small section of the proposed driveway out of the site onto Ganges Lane as indicated on the proposed development plan is located within the Bussell Highway road reserve. Main Roads advise the proponent will need to obtain approval from Main Roads for encroachment of the driveway into the Bussell Highway road reserve. Main Roads advised it would support an exchange for an equal land area for the area of the encroachment to accommodate the proposed driveway. It identified a portion of the road reserve could be provided, in return for the proposed driveway, from the area adjacent to the Bussell Highway - in the landscaping area shown on the development plan. Main Roads advise that agreement will be required to be obtained from Main Roads prior to any works in the Bussell Highway road reserve. Planning assessment: The site is included within the Vasse Development Zone, the requirements of the zone within the Scheme note that a Development Guide Plan be prepared to ensure that the development of the area aligns with a holistic vision. The DGP identifies the Vasse town centre area as the ‘Vasse Village Centre Special Purpose Zone’, which required a further Detailed Area Plan (DAP) to be prepared, to provide planning

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