city of swan local planning scheme no. 17 amendment …€¦ · bio2/3 acq-bio2/3 cc1 and acq-cc1...
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CITY OF SWAN
LOCAL PLANNING SCHEME NO. 17
AMENDMENT NO. 169
TO INSERT DEVELOPMENT CONTRIBUTION PLAN PROVISIONS INTO SCHEDULE 13 FOR
DEVELOPMENT CONTRIBUTION AREA 4 - SOUTH BULLSBROOK INDUSTRIAL PRECINCT (DCA 4)
'COMPLEX AMENDMENT'
PLANNING AND DEVELOPMENT ACT, 2005 (AS AMENDED)
RESOLUTION DECIDING TO AMEND A LOCAL PLANNING SCHEME
CITY OF SWAN
LOCAL PLANNING SCHEME NO. 17 - AMENDMENT NO. 169
Resolved that the Council, in pursuance of Section 75 of the Planning and Development Act 2005 (as amended) amend the above Local Planning Scheme to:
a. Replace current references to Development Contribution Area No.4 (DCA 4)
in Schedule 13 of the Scheme text with the following:
DCA No.
AREA NAME DEVELOPMENT CONTRIBUTION PLAN
DCA 4 South Bullsbrook Industrial - The Development Contribution Area (DCA) comprises all the land referred to as South Bullsbrook Industrial identified by the scheme maps as DCA 4
Relationship to other planning instruments
The Development Contribution Plan has generally been informed by: Bullsbrook Townsite Land Use Master Plan
(District Structure Plan) and appendices Bullsbrook Townsite Land Use Master Plan
Precinct Traffic Contributions Report (Transcore June 2018)
Local Structure Plans and associated
appendices
Infrastructure and Administrative items to be funded
Transport Infrastructure items Sub-Regional Transport Construction and/or upgrade of the following existing and future roads, crossings and intersections which are required to service growth in South Bullsbrook Industrial (DCA 4): Roads upgraded and/or constructed:
S-TRF01 to S-TRF11 and S-ACQ19 to S-ACQ24
Stock Road between the Great Northern Highway and Perth-Geraldton Rail line. For this sub-regional work the cost sharing arrangements excludes acquiring land that is north of existing road reserve, where that land resumption is itemised as a 'District Transport' infrastructure in this DCA 4.
S-TRF12 to S-TRF15 and S-ACQ28 to S-SCQ29
Stock West Road between the Perth-Geraldton Rail line and the Primary Regional Roads designation. For this sub-regional work the cost sharing arrangements excludes acquiring land that is north of existing road reserve, where that land resumption is itemised as a 'District
Transport' infrastructure in this DCA 4.
Crossing treatments upgraded and/or
constructed for a:
S-BR01 and SACQ-BR01
Railway crossing along Stock Road / Stock West Road to bridge the Perth-Geraldton Rail Line
S-BR02 and SACQ-BR02
Traffic bridge along Stock Road to cross the Ellen Brook
Intersection treatments upgraded and/or
constructed:
S-INT01 and SACQ-INT01
Great Northern Highway and Stock Road
S-INT07 and SACQ-INT07
Great Northern Highway and Main Entrance ('Link 1') and 'Road K'
S-INT12 and SACQ-INT12
Great Northern Highway and Lage Road and Dewar Road
Land resumptions necessary to accommodate
the proposed designs for all Sub-Regional Level Transport Infrastructure previously listed, where not already provided in existing road reserves or otherwise specifically stated as an exclusion in its description.
Relocation of existing underground and
overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all Sub-Regional Level Transport Infrastructure previously listed.
District Transport Construction and/or upgrade of the following existing and future roads, crossings and intersections which are required to service growth in the Development Contribution Area with the cost apportioned between the precincts based on their ultimate infrastructure demand: Roads upgraded and/or constructed:
ACQ09 to ACQ18
Land resumptions necessary to accommodate Stock Road between the Great Northern Highway and Perth-Geraldton Rail line that is north of existing road reserve from DCA 4 landowners
ACQ25 to ACQ27
Land resumptions necessary to accommodate Stock West Road between the Perth-Geraldton Rail line and the Primary Regional Roads designation that is north of existing road reserve
Intersection treatments upgraded and/or
constructed:
INT02 and ACQ-INT02
Stock Road and 'Road A'.
INT03 and ACQ-INT03
Stock Road and 'Road B'
INT04 and ACQ-INT04
Stock Road and 'Road C' (most western intersection abutting Precinct 2)
INT05 and ACQ-INT05
Stock Road and 'Road E' (most eastern intersection abutting Precinct 2)
Land resumptions necessary to accommodate
the proposed designs for all District Level Transport Infrastructure previously listed, where not already provided in existing road reserves.
Relocation of existing underground and
overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all District Level Transport Infrastructure previously listed.
Local (Precinct) Transport Construction and/or upgrade of the following existing and future roads, crossings and intersections which are required to service growth within a Precinct(s) with the costs apportioned within nominated Precinct(s): Eastern Precinct 1 (LSP 1): Roads upgraded and/or constructed:
TRF25 to TRF31 and ACQ-TRF25A to ACQ-TRF31B
Warren Road between the Great Northern Highway and 'Road K' with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
TRF32 to TRF36 and ACQ-TRF32 to ACQ-TRF36
'Road A' between Stock Road and Warren Road
TRF37 to TRF40 and
ACQ-TRF37 to ACQ-TRF40
'Road B' between Stock Road and Warren Road
Crossing treatments upgraded and/or
constructed for a:
BR03 and ACQ-BR03
Traffic bridge along Warren Road to cross the Nambad Brook with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
Intersection treatments upgraded and/or
constructed:
INT11 and ACQ-INT11
Great Northern Highway and Warren Road with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
INT08 and ACQ-INT08
Warren Road, 'Road A' and Dewar Road extension with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
INT09 and ACQ-INT09
Warren Road and 'Road B'
Land resumptions necessary to accommodate
the proposed designs for all Neighbourhood Level Transport Infrastructure previously listed, where not already provided in existing road reserves.
Relocation of existing underground and
overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all Neighbourhood Level Transport Infrastructure previously listed.
Western Precinct 2 (LSP 2): Nil
North-Eastern Precinct 3 (LSP 3): Roads upgraded and/or constructed:
TRF25 to TRF31 and ACQ-TRF25A to ACQ-TRF31B
Warren Road between the Great Northern Highway and 'Road K' with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
TRF57 to TRF60 and ACQ-TRF57 to ACQ-TRF60
Dewar Road extension between Great Northern Highway and Warren Road
TRF61 to TRF62 and ACQ-TRF61 to ACQ-TRF62
Butternab Road between Great Northern Highway and 'Road K'
TRF49 to TRF56 and ACQ-TRF49 to ACQ-TRF56
'Road K' between Great Northern Highway and Warren Road
Crossing treatments upgraded and/or
constructed for a:
BR03 and ACQ-BR03
Traffic bridge along Warren Road to cross the Nambad Brook with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
Intersection treatments upgraded and/or
constructed:
INT11 and
ACQ-INT11
Great Northern Highway and Warren Road with the costs apportioned between Precinct 1 and 3, based on their
respective ultimate infrastructure demand
INT08 and ACQ-INT08
Warren Road, 'Road A' and Dewar Road extension with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
INT10 and ACQ-INT10
Warren Road and 'Road K'
INT14 and ACQ-INT14
Butternab Road and 'Road K'
INT12 and ACQ-INT12
Butternab Road and Great Northern Highway
Land resumptions necessary to accommodate
the proposed designs for all Neighbourhood Level Transport Infrastructure previously listed, where not already provided in existing road reserves.
Relocation of existing underground and
overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all Neighbourhood Level Transport Infrastructure previously listed.
Drainage Infrastructure items Local (Precinct) items Construction and/or upgrade of the following drainage infrastructure which is required to service growth within a Precinct(s) with the costs apportioned within nominated Precinct(s): Eastern Precinct 1 (LSP 1): Arterial swales upgraded and/or constructed:
A1.1 ACQ-A1.1 A1.2 ACQ-A1.2 A2 ACQ-A2 CaX ACQ-CaX Ca1 ACQ-Ca1 Ca3 and ACQ-Ca3
'Arterial Swale A' linking surface flows entering Precinct 1 from the Great Northern Highway to 'Arterial Swale B' (at 'Road A'), inclusive of 3 key arterial culverts.
B1 ACQ-B1 B2.1
ACQ-B2.1
'Arterial Swale B' linking surface flows entering Precinct 1 from Warren Road, along Warren Road (southern side), then 'Road A', then Stock Road (northern side) to
exit at Stock Road, inclusive of 7 key arterial culverts
B2.2 ACQ-B2.2 B3.1 ACQ-B3.1 B3.2 ACQ-B3.2 B4 ACQ-B4 Cb1 ACQ-Cb1
Cb2 ACQ-Cb2 Cb3 ACQ-Cb3 Cb4 ACQ-Cb4 Cb5 ACQ-Cb5 Cb6 ACQ-Cb6 Cb7 and ACQ-Cb7
Basins (inclusive of Bio-Retention Areas and
Flood Storage Areas and any key culverts) upgraded and/or constructed:
Bio1 ACQ-Bio1 FSA1 and ACQ-FSA1
Near the intersection of Stock Road (northern side) and 'Road A' (western side)
Bio2/3 ACQ-Bio2/3 Cc1 and ACQ-Cc1
Near the intersection of Stock Road (northern side) and 'Road B' (eastern side), inclusive of 1 key arterial culvert
Bio4 ACQ-Bio4
Near the Nambad Brook foreshore on Lot 1 on Warren Road, Bullsbrook
FSA4 and ACQ-FSA4
Bio5 ACQ-Bio5 FSA5
and ACQ-FSA5
Near the Ki It Monger Brook foreshore and Warren Road (southern side)
Land Resumptions necessary to accommodate
the proposed designs for all DCP Arterial Channels, Basins and Flood Storage Areas as previously listed, where not already provided in existing reserves.
Relocation of existing underground and
overhead services where they would otherwise interfere with the upgrading/construction of the proposed designs for all DCP Neighbourhood level Drainage Infrastructure as previously listed.
Western Precinct 2 (LSP 2): Nil North-Eastern Precinct 3 (LSP 3): Arterial swales upgraded and/or constructed:
AS2
and ACQ-AS2
'Arterial Swale 2' linking
surface flows entering Precinct 3 from the Great Northern Highway to 'Arterial Swale 3'
AS3 and ACQ-AS3
'Arterial Swale 3' linking surface flows between 'Arterial Swale 2' to the Basin B2.1 and Basin B3.1 near 'Road K'
AS7 and ACQ-AS7
'Arterial Swale 7' linking surface flows between Basin 5.1 to Basin 7.1 near 'Road K'
AS8 and ACQ-AS8
'Arterial Swale 8' linking surface flows between Basin 7.1 to Basin 8.1 near 'Road K'
AS9 and ACQ-AS9
'Arterial Swale 9' linking surface flows between Basin 8.1 to 'Arterial Swale 10'
AS10
'Arterial Swale 10' linking surface flows between
and ACQ-AS10
'Arterial Swale 9' to Basin B9.1 and the Nambad Brook
AS15 and ACQ-AS15
'Arterial Swale 15' linking surface flows between Basin 13.1, the Dewar Road extension and Basin 15.1 to 'Arterial Swale 18'
AS16/17 and ACQ-AS15
'Arterial Swale 16/17' linking surface flows entering Precinct 3 from the Great Northern Highway to Basin 16.1, Basin 17.1 and into Precinct 1
AS18 and ACQ-AS18
'Arterial Swale 18' linking surface flows between 'Arterial Swale 15', Basin 14.1, Basin 15.1 and the Nambad Brook.
AS19 and ACQ-AS19
'Arterial Swale 19' linking surface flows along Warren Road (northern side) between Basin 18.1 and Basin 19.1
AS20 and ACQ-AS20
'Arterial Swale 20' linking surface flows along Warren Road (northern side) between Basin 19.1 and Basin 20.1
Basins (inclusive of Bio-Retention Areas and
Flood Storage Areas) upgraded and/or constructed:
B2.1 and ACQ-B2.1
Basin 2.1 near 'Road K' and the Ki It Monger Brook foreshore (southern side) linking 'Arterial Swale 3' and Basin 3.1
B3.1 and
ACQ-B3.1
Basin 3.1 near 'Road K' linking to 'Arterial Swale 3' and Basin 2.1
B4.1 and ACQ-B4.1
Basin 4.1 near 'Road K' and north of Butternab Road
B5.1 and ACQ-B5.1
Basin 5.1 near 'Road K' south of Butternab Road linking 'Arterial Swale 7'
B6.1 and ACQ-B6.1
Basin 6.1 near the Nambad Brook (northern side) on Lots 2 Butternab Road and Lot 11 Great Northern Highway, Bullsbrook
B7.1 and
Basin 7.1 near 'Road K' linking 'Arterial Swale 7' and 'Arterial Swale 8'
ACQ-B7.1
B8.1 and ACQ-B8.1
Basin 8.1 near 'Road K' linking 'Arterial Swale 8' and 'Arterial Swale 9'
B9.1 and ACQ-B9.1
Basin 8.1 near the Nambad Brook (northern side) linking 'Arterial Swale 10'
B10.1 and ACQ-B10.1
Basin 10.1 near 'Road K', the Nambad Brook (north-western side) and Warren Road (northern side)
B11.1 and ACQ-B11.1
Basin 11.1 near the Nambad Brook (southern side) and predominately on Lot 2 Butternab Road, Bullsbrook
B12.1 and ACQ-B12.1
Basin 12.1 near the Nambad Brook and Dewar Road on Lot 209 Dewar Road Bullsbrook
B13.1 and ACQ-B13.1
Basin 13.1 near the Dewar Road extension linking 'Arterial Swale 15'
B14.1 and ACQ-B14.1
Basin 14.1 on Lot 1 Dewar Road Bullsbrook linking 'Arterial Swale 15' and 'Arterial Swale 18'
B15.1 and
ACQ-B15.1
Basin 15.1 near the Dewar Road extension predominately on Lot 151 Great Northern Highway Bullsbrook
B16.1 and ACQ-B16.1
Basin 16.1 near Warren Road (northern side) and 'Arterial Swale 16/17' (western side) linking to outflow into Precinct 1
B17.1 and ACQ-B17.1
Basin 17.1 near Warren Road (northern side) and 'Arterial Swale 116/17' (eastern side) linking to outflow into Precinct 1
B18.1 and ACQ-B18.1
Basin 18.1 near Warren Road (northern side) on Lot 153 Warren Road, Bullsbrook linking 'Arterial Swale 19'
B19.1 and
Basin 19.1 near Warren Road (northern side) on Lot 7 Warren Road, Bullsbrook linking 'Arterial Swale 19' and
ACQ-B19.1
'Arterial Swale 20'
B20.1 and ACQ-B20.1
Basin 20.1 near 'Road K', the Nambad Brook (south-eastern side) and Warren Road (northern side) linking 'Arterial Swale 20'
Land Resumptions necessary to accommodate
the proposed designs for all DCP Arterial Channels, Basins and Flood Storage Areas as previously listed, where not already provided in existing reserves.
Relocation of existing underground and
overhead services where they would otherwise interfere with the upgrading/construction of the proposed designs for all DCP Neighbourhood level Drainage Infrastructure as previously listed.
Administrative items Costs to prepare and administer the
Development Contribution Plan (including legal expenses, valuation fees, cost of design and cost estimates, consultant and contract services, financing costs, proportion of staff salaries, technical support and office expenses for the purposes of administering the plan and expenses incurred by the City in relation to litigation in any Court or Tribunal or arbitration, whether incurred before or after the incorporation of the DCP in Schedule 13).
Cost to review estimates including the costs
for appropriately qualified independent persons.
Costs to update the cost apportionment
schedules, register of cost contributions, and infrastructure.
Method for calculating contributions
The amount of an owner’s Cost Contribution will be determined by the proportional share of the Infrastructure Demand that the proposed development generates in accordance with the Cost Apportionment Schedule.
a. The DCP Report and Cost Apportionment Schedule shall defined units of Infrastructure Demand used to calculate a Cost Contribution. b. The DCP Report shall estimate the Infrastructure Demand and both the Administrative and Infrastructure Cost for each network of Infrastructure to calculate the Infrastructure Contribution Rate expressed in $/unit of Infrastructure Demand. c. The Cost Apportionment Schedule shall report the Infrastructure Contribution Rates for each network of Infrastructure. d. The Cost Contribution applicable to development for each network of Infrastructure will be calculated in accordance with the general method outlined:
C=[ID x CR] x I Where: C = Cost Contribution (for a chosen network, e.g.Transport) ID = Infrastructure Demand, calculated using the Cost Apportionment Schedule CR = Contribution Rate as set out in the Cost Apportionment Schedule I = Indexation factor set out in the Cost Apportionment Schedule to take into account inflation and other matters relevant to the capital cost of infrastructure.
e. The Cost Contribution for Sub-Regional Transport infrastructure shall utilise a Contribution Rate as set out in Cost Apportionment Schedule and which has
been determined on the following basis:
CR = [TV% x A] / TID Where: TV% = Percentage of the traffic using the Sub-regional Transport infrastructure as modelled by the Bullsbrook Townsite Land Use Master Plan Precinct Traffic Contributions report (Transcore June 2018) A = Asset Cost TID = Total Infrastructure Demand for the South Bullsbrook Industrial DCA
Priority and timing
The detailed scope and cost of each infrastructure network shall be described in the Development Contribution Plan Report which shall outline the assumptions necessary to determine Infrastructure Contribution Rates and inform the Cost Apportionment Schedules.
Period of Operation
This Development Contribution Plan shall retain its force and effect until the completion of the development of all en-globo landholdings within
the Development Contribution Area (DCA) and shall operate for an initial period of ten (10) years from the date of gazettal of this amendment, after which the DCP will be reviewed and if necessary, amended or replaced.
Review Process
The Development Contribution Plan will be reviewed when considered appropriate, but at a time that is no longer than 5 years after the date of gazettal of this amendment, having regard to the rate of subsequent development in the area since the last review and the degree of development potential still existing. The estimated infrastructure costs shown in the cost apportionment schedule will be reviewed at least annually in accordance with Clause 5A.2.13
SCHEME AMENDMENT REPORT
1. LOCAL AUTHORITY : CITY OF SWAN
2. DESCRIPTION OF LOCAL PLANNING SCHEME : LOCAL PLANNING SCHEME NO. 17
3. TYPE OF SCHEME : DISTRICT ZONING SCHEME
4. SERIAL NUMBER OF AMENDMENT : LPS17-169
5. PROPOSAL : To insert Development Contribution
Plan (DCP) provisions into the
existing Development Contribution Area 4 - South Bullsbrook Industrial
Precinct (DCA 4) under Schedule 13 of the scheme text
6. CLASSIFICATION : Complex
CONTENT
Resolution deciding to amend the scheme (initiation page)
1.0 RATIONALE FOR THE AMENDMENT
2.0 DCP BASED ON STRUCTURE PLANNING OUTCOMES AND MINISTER'S DECISION ON
SCHEME AMENDMENT NO.108
3.0 CONSISTENCY WITH STATE PLANNING POLICY 3.6 - DEVELOPMENT
CONTRIBUTIONS FOR INFRASTRUCTURE
4.0 PRECINCT APPROACH
5.0 SUMMARY OF ITEMS TO BE FUNDED
6.0 OTHER KEY DETAILS
7.0 CONCLUSION
Resolution to amend the scheme (execution pages)
1.0 RATIONALE FOR THE AMENDMENT
The South Bullsbrook industrial area involves approx. 307 ha of land north of Stock Road,
east of the Perth-Geraldton freight rail line, south of RAAF Base Peirce, west of the Great
Northern Highway and is divided by the Ellen Brook.
The subject land is zoned for industrial development but is predominately undeveloped
and rural in nature with narrow rural-grade roads and open culverts. The industrial
development of this land will give rise to a need for the upgrade of existing roads from
rural to industrial standards inclusive of intersection upgrades, the provision of new roads
to an urban standard inclusive of new intersection treatments, the provision of creek
crossings for new roads and the provision of comprehensive and appropriate drainage
network.
Land ownership is fragmented across this land, compromising of 29 separate registered
landowners across 32 separate landholdings in October 2018. As such there is the need to
consider a cost-sharing mechanism to ensure landowners equitably contribute towards
road and drainage infrastructure that the future industrial development of the land needs
and collectively benefits from.
When this land was rezoned to facilitate industrial development in March 2013 a
Development Contribution Area (DCA 4) was also inserted in the scheme text and maps at
the same time. The current DCA 4 simply identifies where cost-sharing arrangements
should be sought; it doesn’t give the right to levy landowners because it doesn’t detail
what will be funded or how costs are to be shared. A DCP and scheme amendment is
required before landowners can be levied and this is the purpose of this Amendment
No.169 to Local Planning Scheme No.17 (LPS 17).
Amendment No.169 proposes to replace current references to DCA 4 in Schedule 13 of the
Scheme Text with detailed legal framework that determines the infrastructure and
administrative items to be funded, how costs will be apportioned, how the priority and
timing of infrastructure is determined, the period of operation and process of review.
At initiation the changes to Local Planning Scheme No.17 are textual only; no changes are
proposed to the scheme maps.
Supporting Amendment No.169 is the 'South Bullsbrook Development Contribution Plan
(DCP) for DCA 4' which goes into the specifics of the cost implications to DCA landowners
and gives the cost contribution rate.
2.0 DCP BASED ON STRUCTURE PLANNING OUTCOMES AND MINISTER'S
DECISION ON SCHEME AMENDMENT NO.108
This DCP proposes to fund selected roads, intersections, crossings and drainage
infrastructure that are deemed necessary to facilitate the orderly development of the DCA
4 area. These costs are proposed to be shared only because the fragmented ownership of
the land makes it untenable and/or inequitable to condition this work upon any one
landowner without some form of remuneration.
The infrastructure items to be funded and the apportionment of costs are informed by the
following planning documents and decisions:
2.1 Local Structure Plans within the DCA 4 area
The outcomes and recommendations of three (3) local structure plans that relate to the
subject land. These are -
o WAPC approved Gateway Local Structure Plan No.1 (City Ref. SP17-033)
o WAPC approved South Bullsbrook Local Structure Plan No.2 (City Ref. SP17-040)
o Nambad Local Structure Plan (City Ref. SP17-035) - its status is that the WAPC has
directed modifications to the proposal before it is prepared to give its final
approval. These modifications have yet to be acted upon by the applicant.
2.2 Bullsbrook Townsite District Structure Plan (WAPC approved April 2018)
The content of this DCP reflects the outcomes and recommendations of this WAPC
approved document, which was initially advertised and entitled as the "Bullsbrook
Townsite Land Use Master Plan".
Of specific relevant is its recommendation for the need to coordinate key access points
along the Great Northern Highway between this DCP area and the expanded Bullsbrook
Residential Townsite area to the east.
2.3 Minister's direction on the defunct Amendment No.108
This proposed amendment and DCP is the second attempt to provide a shared
infrastructure cost contribution arrangement for the South Bullsbrook Industrial Area. As
such the content of this proposal has been informed by the previous proposed amendment
No.108 (which also sought to establish a DCP over this same land) and the direction that
was given to the City issued on 9 January 2018.
The Minister's Direction stated:
"The City of Swan are advised that a new development contribution plan (DCP) and
scheme amendment should be prepared for upgrades required to subregional
transport infrastructure to service development in the Bullsbrook locality.
The amendment should be progressed in a timely manner and needs to be
supported by a comprehensive transport study that considers the impact of
planned future developments. In particular, all areas identified for urban and
industrial expansion in the WAPC’s North-East Sub-regional Planning Framework
and the City of Swan’s Bullsbrook Town Site Land Use Master Plan.
Once the extent of transport infrastructure upgrades has been determined and
considered by stakeholders further consideration can be given to inclusion of these
works into a new DCP which appropriately apportions demand between that
generated by the South Bullsbrook Industrial Precinct and that generated from
other developments in the area."
It is important to note that the Minister's decision didn’t rule out the need for a DCP or
took issue against the majority of road or drainage works that was included in that
previous amendment (No.108).
Rather it questioned the lack of traffic modelling of a wider area to substantiate
amendment No.108's proposal that DCA 4 be the sole contributors for all sub-regional
works. The following actions have been taken:
Amendment 169 addresses the ongoing need to establish a DCP for the South
Bullsbrook Industrial Area (DCA 4) by detailing and proposing the cost-sharing
arrangements.
The City has engaged a traffic consultant to undertake a comprehensive transport
study to address the Minister's direction and this is explained in detail under the
next heading; see the next heading for details.
2.3 Transcore's Bullsbrook Townsite Land Use Master Plan Precinct Traffic
Contributions Report dated June 2018, responding to the Minister's
direction
The City engaged Transcore to undertake traffic modelling referred to in the Minister's
direction and this has informed the content of Proposed Scheme Amendment No.169. This
technical document has also informed the cost sharing arrangements proposed in the DCP
Amendment No.170 for the expanded Bullsbrook Residential Townsite area.
The Bullsbrook Townsite Land Use Master Plan Precinct Traffic Contributions Report June
2018 models traffic volumes generated by seven distinct precincts (3 within the South
Bullsbrook Industrial Precinct, 3 within the Bullsbrook Townsite Area and 1 external)
across Stock Road and the Great Northern Highway, inclusive of key intersections in-
between based on the Bullsbrook Townsite District Structure Plan. The report assigns
percentages of traffic volumes across this network amongst each of the identified
precincts.
This Transore report has informed how and why the DCP makes provision for South
Bullsbrook Industrial landowners to make proportionate contributions to sub-regional
transport infrastructure items, being:
1. the upgrade of Stock Road between Great Northern Highway and the Perth - Darwin
Highway (Northlink) to a single carriageway standard;
2. the provision of crossing treatments for an upgraded Stock Road at its crossing of the
Ellen Brook and the Perth-Geraldton Rail Line; and
3. the upgrade/provision of new intersection treatments at three (3) locations along the
Great Northern Highway (junction with Stock Road, Dewar/Lage Roads and new estate
roads at the northern edge of this DCA). These intersections will provide full access to
both this South Bullsbrook Industrial Area and the expanded Bullsbrook Residential
Townsite area east of the Great Northern Highway.
To put this into perspective for the South Bullsbrook Industrial Area this equates to it
funding less than half of Stock Road's single carriageway (see following point with respect
to land resumption) and funding less than half of the other identified sub-regional works.
The balance is funded by the Bullsbrook Residential Townsite DCP and a proportion of
traffic use attributable to regional traffic. Regional traffic is a component of the total cost
of these items that will need to be borne by others - that is the City and/or the State
independently or with Commonwealth funding.
It is also important to note that -
o Delivering Stock Road requires land both north and south of the existing road
reserve, including acquisitions from DCA 4 landowners. And unlike the nearby
Residential Townsite area (DCA 7) the industrialisation of the South Bullsbrook area
(this DCA 4) directly depends on the timely delivery of Stock Road to provide
access and open up this industrial estate. Consistent with its immediate need and
demand for Stock Road it is proposed that land acquisitions for Stock Road that is
north of existing road reserve be funded by South Bullsbrook DCA 4 landowners.
The land component south of Stock Road is proposed to be funded proportionately
by this South Bullsbrook Industrial (DCA 4), Bullsbrook Residential Townsite (DCA
7) and external (local government and local government).
o The previous amendment No.108 proposed that South Bullsbrook Industrial
landowners fund the dualisation of the Great Northern Highway (GNH) where it
abuts the DCA. This is no longer proposed in this Amendment No.169. This was
omitted on a recommendation within the Transcore Report, which considers the
need to upgrade the Great Northern Highway to a dual carriageway standard is a
state responsibility, whereas the intersections need to provide access to the
industrial and urban development areas. As such upgrading the GNH to a dual-
carriageway standard is not in this DCP however a number of intersections along
the GNH will require slip lanes or localised dual carriageways to facilitate the safe
movement of traffic on/off the Highway.
o This DCP reflects the latest advice the City has received on the treatment type
required for Stock Road to cross the Perth-Geraldton Freight Rail Line and its
experiences with obtaining approvals on other rail crossings. The latest advice and
experience has found that at-grade crossings are deficient and difficult to obtain
approval from the rail provider (ARC Infrastructure) and Main Roads WA for high-
wide load vehicles and network 7 freight vehicle routes. As such the DCP proposes
the construction of a grade separated crossing for Stock Road.
3.0 CONSISTENCY WITH STATE PLANNING POLICY 3.6 - DEVELOPMENT
CONTRIBUTIONS FOR INFRASTRUCTURE
The proposed Development Contribution Plan has been promulgated on the premise,
acknowledged in this Policy, that the City of Swan as a local government has limited
financial resources to provide the additional infrastructure and facilities necessary to
accommodate future growth. Development Contributions Plans adopted pursuant to Local
Planning Schemes are an accepted means of funding the provision of such infrastructure.
The proposed infrastructure to be funded through this proposed DCP is consistent with the
scope of infrastructure, both standard and community infrastructure set out in the Policy.
The Policy requires that development contributions for such infrastructure are levied in
accordance with principles of Need and Nexus, Transparency, Equity, Certainty, Efficiency,
Consistency, Rights of consultation and arbitration and Accountability.
3.1 Need and nexus
This principle articulates that the need for the infrastructure included in the development
contribution plan must be clearly demonstrated (need) and the connection (nexus)
between the development and the demand created should be clearly established.
The DCP is informed by the outcomes of the Bullsbrook Townsite District Structure Plan
(DSP) approved in April 2018, the Bullsbrook Townsite Land Use Master Plan Precinct
Traffic Contributions Report (Transcore June 2018) and the relevant Local Structure Plans
completed to date.
Transport and drainage modelling work associated with the promulgation of the local
structure plans and proposed Amendment No.108 identified the need for road upgrades,
new roads and drainage to accommodate this rural area being developed for industrial
purposes. The transport modelling work undertaken in response to the Minister's direction
on amendment No.108 identified the need for the upgrade of Stock Road, brook and rail
crossings from a deficient rural standard road to a standard capable of accommodating
industrial and residential traffic.
The nexus of apportionment of the cost of the identified infrastructure is principally that
the land within the identified Precincts within the proposed Development Contribution Area
contributes to the cost of the road and drainage infrastructure located within those
precincts. These are the infrastructure facilities most proximate to the land and logically
would be used by the new industrial business and owners within those areas.
The nexus between the subregional infrastructure items and contributions from the land
within the Development Contribution Area is, as noted, based on transport modelling as
per the direction of the Hon. Minister for Planning. Critically the proposed DCP is only
requiring a contribution for an upgrade of Stock Road and its crossings to a single lane
carriageway with costs shared between South Bullsbrook Industrial, Bullsbrook Residential
Townsite and externals (to be funded by state and local government). This leaves the
ultimate upgrade of Stock Road to a dual carriageway within the scope of levy against any
of the future urban/industrial investigation areas as per the Ministerial direction.
In the matter of nexus it is important to note a distinction made in how contributions are
levied under this proposed DCP to intersection treatments along Great Northern Highway
as opposed to Stock Road -
The intersections with full access (right and left turns permitted) onto the Great
Northern Highway from both the urban and industrial precincts are proposed to be
levied from South Bullsbrook Industrial (DCA 4) and Bullsbrook Residential
Townsite (DCA 7). This is because these intersections provide full access these cells
and therefore collectively creating the need for these intersections.
The intersections along Stock Road with full access (right and left turns permitted)
are required to service traffic going into or out of the South Bullsbrook Industrial
Precinct. Traffic from the Bullsbrook Residential Townsite is not considered to give
rise to the need for these intersections. As such the South Bullsbrook Industrial
area is to fund these works.
The need for intersections with restricted access (left in / left out only) onto the
Great Northern Highway from South Bullsbrook Industrial area is to service the
local traffic needs of a 1 or 2 precincts. As such the relevant precinct(s) where
these intersections are located or adjoined is to fund these works.
3.2 Transparency
The principle of transparency requires that the method for calculating the development
contribution and the manner in which it is applied should be clear, transparent and simple
to understand.
It is considered that the method of contribution is as transparent and simple as it can be,
given the nature of the cost apportionment arrangements associated with the traffic
modelling for the Sub-Regional infrastructure Items. For the purpose of advertising the
proposed DCP and understanding the Sub-Regional infrastructure Item contribution
arrangements the traffic modelling report should also be advertised.
Proposed infrastructure items are clearly codified and described in the proposed
amendment in a manner that can be easily referenced to the infrastructure network maps
and schedules in the DCP document.
3.3 Equity
The principle of equity requires that development contributions should be levied from all
developments within a development contribution area, based on their relative contribution
to need.
The proposed DCP is considered to conform to this principle. Owners are only being asked
to fund infrastructure that is required to support the development potential of the land,
which are only included because the fragmented ownership of the land makes it untenable
and/or inequitable to condition this work upon any one landowner without some form of
remuneration.
Equity is reinforced by recognising that different areas in the DCA will have differing needs
for 'local' transport and drainage infrastructure to be included in the DCP's cost sharing
arrangement. The DCP addresses this by splitting the DCA into 3 precincts for the purpose
of determining who is responsible to fund local infrastructure work. These precinct
boundaries are consistent with the local structure planning areas.
The local infrastructure included in the DCP for Eastern Precinct 1 and North-Eastern
Precinct 3 coordinates the delivery of this work across multiple landowners, provide equity
by levying all owners in a precinct(s) for works that collectively the precinct(s) will need
and/or benefit from and bring certainty to a developer that they will recover costs for
through the DCP.
At the time of initiation there is no 'local' infrastructure work proposed to be funded by
Western Precinct 3 because there is only one owner with development potential. As such
there is no need for internal work to be included in the DCP because it is within the power
of the one benefiting landowner to deliver this work as part of their subdivision and
development approvals.
3.4 Certainty
The principle of Certainty requires that all development contributions should be clearly
identified and methods of accounting for escalation agreed upon at the commencement of
the development.
As noted the proposed infrastructure items are clearly codified and described in the
proposed amendment in a manner that be easily referenced to the infrastructure network
maps and schedules in the DCP document.
3.5 Efficiency
The principle of efficiency requires that development contributions should be justified on a
whole of life capital cost basis consistent with maintaining financial discipline on service
providers by precluding over recovery of costs.
It is considered that costing of infrastructure is as accurate as possible. Costing by
independent quantity surveyors and land valuers are utilised as per scheme requirements.
3.6 Consistency
The principle of consistency requires that development contributions should be applied
uniformly across a Development Contribution Area and the methodology for applying
contributions should be consistent.
The proposed DCP is considered to conform with this principle. The methodology for
contribution levies has taken into account all developable land within the DCA that
generates demand for the infrastructure. This provides a consistent and proven
methodology that has been applied in the proposed Bullsbrook Townsite (DCA 7) and
operating Dayton and Brabham DCPs. Apportioning costs by a landowner’s development
potential area (Cost Contribution Area or CCA) is also fair, reasonable and easy to
understand as there is a clear link between the developable area that could be used for
industry and the key principles of State Planning Policy 3.6 that the beneficiaries pays an
amount relative to their demand.
3.7 Right of consultation and arbitration
This principle requires that land owners and developers have the right to be consulted on
the manner in which development contributions are determined and have the opportunity
to seek a review by a third party on these costs if they consider the calculation is not
reasonable.
This proposed amendment and DCP will need to undergo public consultation to affected
landowners within the proposed Development Contribution Area. They will be afforded the
right to make submissions on the proposed amendment and DCP. The Planning and
Development Act 2005 and Planning and Development (Local Planning Schemes)
Regulations 2015 prescribes requirements for the consideration and address of
submissions on proposed local planning scheme amendments.
The City’s Local Planning Scheme No.17 sets out rights for arbitration on cost
contributions.
3.8 Accountability
This principle requires that there must be accountability in the manner in which
development contributions are determined and expended.
The transparency in the contribution calculation methods (their source being explained on
the "General Inputs" page for each Infrastructure Network in the Cost Schedules) and the
right of arbitration on cost contributions provide such accountability.
The City will maintain a register of Cost Contributions and Infrastructure Agreements
available for public inspection containing information as outlined in the DCP.
For the reasons above it is considered that the proposed local planning scheme
amendment and DCP are consistent with the principles of the Policy.
4.0 PRECINCT APPROACH
Amendment 169 and the DCP recognises that certain work can benefit all landowners in a
DCA whereas other works need to be introduced into the DCP due to the fragmented
ownership of the land and benefit a smaller catchment area.
For this reason the administration of the DCP is structured into three (3) precincts with the
cost sharing arrangements emulating the respective needs of the three structure plans
within the DCA, which is summarised below:
Eastern
Precinct 1:
Situated north of Stock Road, east of the Ellen Brook, south of Warren
Road and is the subject of the WAPC approved Gateway Local
Structure Plan No.1 (City Ref. SP17-033).
It involves 12 land parcels all in different ownerships in October 2018
and comprises of a Cost Contribution Area of approximately 96
hectares.
Western
Precinct 2:
Situated west of the Ellen Brook, south of RAAF Base Pearce and is
the subject of the WAPC approved South Bullsbrook Local Structure
Plan No.2 (City Ref. SP17-040).
It comprises of 5 land parcels but only 2 land parcels are capable of
industrial development. One (1) landowner owns both of these 2 land
parcel in October 2018, making Precinct 2 more self-sufficient and
less reliant on the DCP to deliver infrastructure works. Its Cost
Contribution Area is approximately 142 hectares.
North-
Eastern
Precinct 3:
Situated north of Warren Road, east of RAAF Base Pearce and west of
the Great Northern Highway. The WAPC has directed modifications to
the Nambad Local Structure Plan (City Ref. SP17-035) before it is
prepared to give its final approval and those modifications have yet to
be acted upon by the applicant.
It comprises of 18 land parcels with 16 different landowners in
October 2018 but due to the lack of existing road frontage it is the
most reliant on the DCP to coordinate the funding and delivery of
internal roads. Its Cost Contribution Area is approximately 83
hectares.
Each of these precincts generally corresponds with logical boundaries for future necessary
infrastructure, having regard to current landownership, the structure planning boundaries
and pre-consultations with the key developers.
This precinct approach has culminated in the DCP proposing 3 different types of
infrastructures (sub-regional, district and local) in which the cost contribution
arrangements differ:
Sub-
Regional:
The South Bullsbrook Industrial Area (DCA 4) will make a
proportionate contribution towards ‘sub-regional’ items (like Stock
Road). The extent to which each Precinct within the South Bullsbrook
Industrial Development Contribution Area contributes to the listed
Sub-Regional Transport Items is proportionate to the percentages
modelled in the Transcore traffic report applied at an established rate
per hectare.
District: Where the timely construction/upgrading of key infrastructure
benefits growth across the DCA 4 it is proposed that the cost be
apportioned between those precincts based on their respective
demand (demand being the area liable to make a DCP Contribution).
Local: Where industrial development in a precinct require and/or benefit
from the timely construction of a road or drainage infrastructure those
works are to be funded solely by that precinct.
This can also include road and crossing infrastructures where their
timely construction/upgrading benefits 2 precincts but not all 3
precincts across the DCA. In these situations it is proposed that the
cost be apportioned between the benefiting precincts based on their
respective demand (demand being the area liable to make a DCP
Contribution).
This approach is acceptable as it recognises that industrial development will occur across
the DCA or precinct(s) at different times, provide equity by levying all owners in a
precinct(s) for works that collectively the precinct(s) will need and/or benefit from and
bring certainty to a developer that they will recover costs for through the DCP.
5.0 SUMMARY OF ITEMS TO BE FUNDED
The text to be inserted into the scheme and DCP proposes to fund -
5.1 Transport infrastructure - Sub-regional - comprising of those works that the South
Bullsbrook Industrial Area will benefit from and make a proportionate contribution
towards, in addition to the expanded Bullsbrook Residential Townsite and wider region.
5.2 Transport infrastructure - District
5.3 Drainage infrastructure - District
5.4 Transport infrastructure - Local
5.5 Drainage infrastructure - Local
5.6 Administration items
These are summarised in the following heading below.
5.1 Transport infrastructure - Sub-regional
These are the big-ticket infrastructure works that collectively development of DCA 4
(South Bullsbrook Industrial) will need and benefit from its timely provision, alongside the
proposed DCA 7 (Bullsbrook Townsite) and traffic from the wider region.
It is proposed that DCA 4 make a proportionate contribution towards the following sub-
regional infrastructure -
the upgrade of Stock Road and Stock West Road between Great Northern Highway
and the Perth - Darwin Highway (Northlink) to a single carriageway standard
(including land required for Stock Road south of the existing road reserve);
The provision of crossing treatments for an upgraded Stock Road at its crossing of
the Ellen Brook and the Perth-Geraldton Rail Line; and
the upgrade or provision of new intersection treatments at three locations along
the Great Northern Highway (junction with Stock Road, Dewar and Lage Roads and
new estate road.
The inclusion of this sub-regional infrastructure has been informed by a Ministerial
Direction provided in the decision on the City’s proposed Amendment No.108 issued on 9
January 2018 and Transcore's Bullsbrook Townsite Land Use Master Plan Precinct Traffic
Contributions Report June 2018. See sections 2.3 and section 2.4 of this report for more
details.
The extent to which each Precinct within the South Bullsbrook Industrial Development
Contribution Area contributes to the listed Sub-Regional Transport Items is proportionate
to the percentages modelled in the Transcore traffic report applied at an established rate
per hectare.
Collectively this results in the DCP having two (2) methods for calculating contributions,
one for all items barring Sub-Regional Transport items, being:
C (Cost Contribution for chosen network) = [ ID (infrastructure Demand) x CR
(Contribution Rate )] x I (Indexation factor)
and that for Sub-Regional Transport items where the same equation applies but where CR
(contribution rate) is calculated where:
CR=[ TV% (Percentage of the modelled traffic derived from Transcore Precinct
Traffic Contributions Report June 2018) x A (Asset Cost) ] / TID (Total
Infrastructure Demand for the South Bullsbrook Industrial DCA).
It should be noted that for the Sub-Regional transport items the traffic modelling has
indicated a proportion of traffic use attributable to neither the Bullsbrook Residential
Townsite nor the South Bullsbrook Industrial Precinct. This is regional traffic. Accordingly
there is a component of the total cost of these items that will need to be borne by others –
that is the City and/or the State independently or with Commonwealth funding.
5.2 Transport infrastructure - District
At initiation the DCP proposes to fund 6 district transport infrastructure works (comprising
of the four intersections along Stock Road to access DCA 4 including land and land
resumptions required for Stock Road north of the existing road reserve that is solely
apportioned this DCA 4 landowners).
The district-level intersections are those junctions that provide full access (i.e. left and
right turns) from this DCA 4 to the wider road network. This follows the recommendations
of the Transcore Report of June 2018 where it finds that the only purpose of the
intersections along Stock Road into the DCA is to provide access into the South Bullsbrook
Industrial Precinct, so it would be reasonable to expect those intersections to be
constructed and fully funded by those industrial precincts. Collectively the entire DCA
directly needs and benefits from these intersections as they enable traffic from this DCA to
enter/exit this road in a safe and timely manner.
Land acquisition of Stock Road north of existing road reserve is the other district level
work because the industrial development of this DCA depends on the timely deliver and
access to Stock Road. Consistent with its immediate need and demand for Stock Road it
is proposed that land acquisitions for Stock Road that is north of existing road reserve be
funded by South Bullsbrook DCA 4 landowners.
Note that this is separate to the land resumption costs for widening Stock Road south of
the existing road reserve, which is a sub-regional work proposed to be funded
proportionately by this South Bullsbrook Industrial (DCA 4), Bullsbrook Residential
Townsite (DCA 7) and external (local government and local government) as this length of
widening represents the 'sub-regional' needs. This represents South Bullsbrook Industrial
Precinct's proportionate contribution towards the sub-regional needs.
5.3 Drainage infrastructure - District
At initiation there were no district-level drainage infrastructure proposed; which would be
infrastructure that would be funded by all DCA landowners with the costs apportioned
between the precincts based on their relative (Cost Contribution Area). It is found and
proposed that each precinct can fund the necessary drainage network upgrades necessary
for each Precinct, which is consistent with the outcomes of the local structure plans.
5.4 Transport infrastructure - Local
Traffic studies work associated with the promulgation of the local structure plans and
proposed Amendment No.108 identified the need to upgrade the existing road network to
support the industrial development of the land.
This DCP proposes to fund the upgrade/construction of the transport network where:
the industrial development of a precinct creates a direct need for this transport
infrastructure by collectively increasing traffic (in volume and in terms of
accommodating the volume of larger vehicle movements), beyond what could be
satisfactorily accommodated by the existing rural-standard roads / reservations;
the fragmented ownership of the land makes it untenable and/or inequitable to
condition transport infrastructure work upon any one landowner without some form
of remuneration;
collectively the industrial development of a precinct will require and/or benefit from
the timely provision of a roads, intersections and crossings infrastructure;
these infrastructure works are to be funded solely by landowners in that precinct.
There are also some works, like Warren Road, that are needed and will benefit two
precincts but not the entire DCA. In these instances the proposed scheme text and
infrastructure cost schedules will nominate which of the precincts will be contributing to
this work. In these situations it is proposed that the cost be apportioned between the
benefiting precincts based on their respective infrastructure demand (demand being the
area liable to make a DCP Contribution).
At initiation the DCP lists -
7 local transport infrastructure works, including land, for Eastern Precinct 1
(compromising of 3 roads, 1 crossing and 3 intersections)
No (0) local infrastructure works for Western Precinct 2 as all developable land is in
the ownership of one (1) landowner so the required transport upgrades can be
provided as part of the ordinary subdivision and development approval process.
10 local transport and drainage infrastructure works, including land, for North-
Eastern Precinct 3 (compromising of 4 roads, 1 crossing and 5 intersections).
5.5 Drainage infrastructure - Local
Drainage modelling work associated with the promulgation of the local structure plans and
proposed Amendment No.108 identified the need for a comprehensive drainage network
to support this rural area being developed for industrial purposes. This has informed the
content of this DCP for local drainage infrastructure works.
Like local transport infrastructure it is proposed that where -
the industrial development of a precinct creates a direct need for this drainage
infrastructure by collectively increasing drainage flows, beyond what could be
satisfactorily accommodated by the existing rural open swale network (where
present) and/or is unsuitable for direct discharge into the nearby waterway
network, and;
the fragmented ownership of the land makes it untenable and/or inequitable to
condition this drainage infrastructure work upon any one landowner without some
form of remuneration;
collectively the industrial development of a precinct will require and/or benefit from
the timely construction of a drainage infrastructure;
these infrastructure works are to be funded solely by that precinct.
At initiation the DCP lists -
6 local drainage infrastructure works, including land, for Eastern Precinct 1
(compromising of 2 arterial drainage swales and 4 basins)
No (0) drainage infrastructure works for Western Precinct 2 as all developable land
is in the ownership of one (1) landowner so the required drainage upgrades can be
provided as part of the ordinary subdivision and development approval process.
19 local drainage infrastructure works, including land, for North-Eastern Precinct 3
(compromising of 11 arterial drainage swales and 19 basins).
The need for this infrastructure is a direct result of the industrial development, as without
industrial development there is no need to upgrade and coordinate drainage infrastructure
in the manner proposed in the local structure plans.
5.6 Administrative items
State Planning Policy 3.6 (SPP 3.6) permits the charging of costs incurred as part of
preparing, reviewing, updating and general administration of the DCP. The Amendment
text lists those charges that form part of this DCP under the ‘Administration Items’
heading, which are all permitted by SPP 3.6 and form part of the Cost Contribution Rate.
6.0 OTHER KEY DETAILS
6.1 How will landowners be charged (per developable hectare or 'CCA')
The DCP proposes that a landowner is liable to pay for the area of developable land that is
free of known encumbrances (i.e. land reserved 'Primary Regional Roads'). This
methodology for apportioning cost is known as the “Cost Contribution Area” (CCA). Cost
apportionment by CCA is considered the most suitable method for the following reasons:
Regardless of the type of industrial development, all landowners collectively need
and will benefit from the timely delivery of the DCP infrastructure as without
development there is no need to upgrade the existing rural-standard roads or
drains.
Apportioning costs by a landowner’s CCA is fair, reasonable and easy to understand
as there is a clear link between the developable area that could be used for
industry and the key principles of State Planning Policy 3.6 that the beneficiaries
pays an amount relative to their demand.
CCA is a proven methodology that has been successfully applied in the Dayton and
Brabham DCPs where, like South Bullsbrook Industrial, the ultimate subdivision
and development outcome is flexible and is not fully understood at the time the
DCP has to be prepared and approved. It is also a methodology consistent with the
nearby Bullsbrook Residential Townsite DCA.
Industrial development may not require subdivision to proceed so apportioning cost
on the known developable area is more appropriate than a methodology that would
apportion costs on a landowner’s subdivision potential.
6.2 Period of Operation and Process Review
The DCP will operate for an initial period of 10 years (consistent with the
recommendations of State Planning Policy 3.6 Development Contributions for
Infrastructure) but shall retain its force and effect until the completion of the development
of all en-globo landholdings within the Development Contribution Area.
Annual review of infrastructure costs and timing will be undertaken in accordance with
State Planning Policy and Local Planning Scheme No.17 requirements.
This approach is consistent with what the Minister required when approving the Dayton,
Brabham and Caversham DCP Scheme Amendments so it is considered to be appropriate
for this proposal. Staff see no reason to vary from this wording as the DCP estimates that
all en-globo landholdings would be developed by 2039 (20 year timeframe). In the likely
event that development has not been completed within 10 years, the DCP will be reviewed
if necessary, amended or replaced.
6.3 When a landowner is liable to make a DCP Cost Contribution
Clause 5A.2.15 of the Scheme specifies when a landowner is obliged to make a cost
contribution. This is generally at the subdivision clearance stage or as part of a
development approval for urban development; whichever occurs first.
6.4 What land resumptions are required and how will land be valued
To ensure the equitable distribution of cost, the DCP includes land acquisition for transport
and drainage infrastructure that is not otherwise provided in an existing reserve or
otherwise specified. Land is itemised in the Amendment text and DCP.
This is necessary because most proposed DCP infrastructure is in the ownership of
different landowners and the timely provision of that land will benefit the South Bullsbrook
Industrial Area, where the rate of subdivision and development may vary.
Ultimately the valuation of land will be assessed for fair market value in accordance with
5A.2.14 of LPS 17 but where no site specific valuation applies a general englobo rate is
used. This approach has been accepted in the approval Brabham, Caversham and Dayton
DCPs so considered to be consistent with precedence that exists in the Scheme.
In proceeding, owners should note that the obligation to acquire land required to provide
infrastructure to service subdivision and development should always reside in the first
instance with the subdivider and developer. Where the subdivider/developer cannot
negotiate with a landowner the acquisition of the requisite land, the City may then
exercise its powers to acquire that land.
6.5 Where the priority and timing of infrastructure works and how is it
determined
The timing and priorities of infrastructure be addressed in the DCP Cost Schedules; see
the column entitled "Estimated Year of Construction" or "Estimated Year of Acquisition" for
details.
This is informed by the best estimates forecast modelling of the development rates
prepared by the City and Integran with conversations with the key structure plan and
subdivision proponents. The City will continue to monitor these estimates as part of the
annual review of cost estimates and developers will have ongoing input thru the process.
The timing and priority of road and drainage infrastructure is not within the control of the
local government or WAPC; rather it is dependent on the inclinations of when a landowner
chooses to subdivide or develop (market forces). As such to insert such details into the
scheme text would make the DCP dysfunctional, impractical and inefficient because a new
Scheme Amendment would need to effect adjustments. This is why such detail
calculations are left to the DCP Report and Cost Schedules, as required by Clause 5A.2 of
Local Planning Scheme No.17 and State Planning Policy 3.6 (SPP 3.6).
Therefore it is entirely appropriate to have information on priorities and timing set out in
the DCP and Cost Schedules (which are not inserted into the Scheme text) because these
estimates need to be reviewed annually to ensure their relevance to changing market
demands and the inclinations on how landowners / developers wish to deliver their
subdivision.
7.0 CONCLUSION
It is considered that this scheme amendment and Development Contribution Plan (DCP) is
appropriate from a planning perspective in that:
It will establish a proper mechanism for the equitable levying of contributions
towards the infrastructure required and used to facilitate the orderly development
of the South Bullsbrook Industrial area.
The need and nexus for infrastructure included in the DCP has been demonstrated
by past planning and technical documents.
It is considered that the sharing of key infrastructure works like Stock Road
addresses the concerns the Minister of Planning had when she refuse Scheme
Amendment No.108 by sharing the cost of big-ticket works with the nearby
Bullsbrook Residential Townsite area and external parties (that is the City and/or
the State independently or with Commonwealth funding).
The infrastructure and land estimates have been subjected to review by the City's
consultants and are considered to be a robust reflection of the future cost incurred
in the implementation of the DCP.
Owners are only being asked to fund infrastructure that is required to support the
development potential of the land, which are only included because the fragmented
ownership of the land makes it untenable and/or inequitable to condition this work
upon any one landowner without some form of remuneration.
This amendment is supported by a Development Contribution Plan which contain the detail
calculation of contributions (subject to annual review) are not required to be inserted into
the Scheme. This approach is consistent with the requirements of SPP 3.6 and is
necessary to capture the expected minor fluctuations in the cost contributions over time
as actual costs replace the estimates used in the DCP.
PLANNING AND DEVELOPMENT ACT, 2005 (AS AMENDED)
CITY OF SWAN
LOCAL PLANNING SCHEME NO. 17 - AMENDMENT NO. 169
The Council of the City of Swan, under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act, 2005 (as amended),
hereby amends the above Local Planning Scheme to:
a. Replace current references to Development Contribution Area No.4 (DCA 4) in Schedule 13 of the Scheme text with the following:
DCA No.
AREA NAME DEVELOPMENT CONTRIBUTION PLAN
DCA 4 South Bullsbrook Industrial - The Development Contribution Area (DCA) comprises all the land referred to as South Bullsbrook Industrial identified by the scheme maps as DCA 4
Relationship to other planning instruments
The Development Contribution Plan has generally been informed by: Bullsbrook Townsite Land Use Master Plan
(District Structure Plan) and appendices Bullsbrook Townsite Land Use Master Plan
Precinct Traffic Contributions Report (Transcore June 2018)
Local Structure Plans and associated
appendices
Infrastructure and Administrative items to be funded
Transport Infrastructure items Sub-Regional Transport Construction and/or upgrade of the following existing and future roads, crossings and intersections which are required to service growth in South Bullsbrook Industrial (DCA 4): Roads upgraded and/or constructed:
S-TRF01 to S-TRF11 and S-ACQ19 to S-ACQ24
Stock Road between the Great Northern Highway and Perth-Geraldton Rail line. For this sub-regional work the cost sharing arrangements excludes acquiring land that is north of existing road reserve, where that land resumption is itemised as a 'District Transport' infrastructure in this DCA 4.
S-TRF12 to
S-TRF15 and S-ACQ28 to S-SCQ29
Stock West Road between the
Perth-Geraldton Rail line and the Primary Regional Roads designation. For this sub-regional work the cost sharing arrangements excludes acquiring land that is north of existing road reserve, where that land resumption is itemised as a 'District Transport' infrastructure in this DCA 4.
Crossing treatments upgraded and/or
constructed for a:
S-BR01 and SACQ-BR01
Railway crossing along Stock Road / Stock West Road to bridge the Perth-Geraldton Rail Line
S-BR02 and SACQ-BR02
Traffic bridge along Stock Road to cross the Ellen Brook
Intersection treatments upgraded and/or
constructed:
S-INT01 and SACQ-INT01
Great Northern Highway and Stock Road
S-INT07 and SACQ-INT07
Great Northern Highway and Main Entrance ('Link 1') and 'Road K'
S-INT12 and
SACQ-INT12
Great Northern Highway and Lage Road and Dewar Road
Land resumptions necessary to accommodate
the proposed designs for all Sub-Regional Level Transport Infrastructure previously listed, where not already provided in existing road reserves or otherwise specifically stated as an exclusion in its description.
Relocation of existing underground and
overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all Sub-Regional Level Transport Infrastructure previously listed.
District Transport Construction and/or upgrade of the following existing and future roads, crossings and intersections which are required to service growth in the Development Contribution Area with the cost apportioned between the precincts based on their ultimate infrastructure demand: Roads upgraded and/or constructed:
ACQ09 to
ACQ18
Land resumptions necessary
to accommodate Stock Road between the Great Northern Highway and Perth-Geraldton Rail line that is north of existing road reserve from DCA 4 landowners
ACQ25 to ACQ27
Land resumptions necessary to accommodate Stock West Road between the Perth-Geraldton Rail line and the Primary Regional Roads designation that is north of existing road reserve
Intersection treatments upgraded and/or constructed:
INT02 and ACQ-INT02
Stock Road and 'Road A'.
INT03 and
ACQ-INT03
Stock Road and 'Road B'
INT04 and ACQ-INT04
Stock Road and 'Road C' (most western intersection abutting Precinct 2)
INT05 and ACQ-INT05
Stock Road and 'Road E' (most eastern intersection abutting Precinct 2)
Land resumptions necessary to accommodate
the proposed designs for all District Level Transport Infrastructure previously listed, where not already provided in existing road reserves.
Relocation of existing underground and overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all District Level Transport Infrastructure previously listed.
Local (Precinct) Transport Construction and/or upgrade of the following existing and future roads, crossings and intersections which are required to service growth within a Precinct(s) with the costs apportioned within nominated Precinct(s): Eastern Precinct 1 (LSP 1): Roads upgraded and/or constructed:
TRF25 to TRF31 and ACQ-TRF25A to ACQ-TRF31B
Warren Road between the Great Northern Highway and 'Road K' with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
TRF32 to
TRF36 and ACQ-TRF32 to ACQ-TRF36
'Road A' between Stock Road
and Warren Road
TRF37 to 'Road B' between Stock Road
TRF40 and ACQ-TRF37 to ACQ-TRF40
and Warren Road
Crossing treatments upgraded and/or
constructed for a:
BR03 and ACQ-BR03
Traffic bridge along Warren Road to cross the Nambad Brook with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
Intersection treatments upgraded and/or
constructed:
INT11 and ACQ-INT11
Great Northern Highway and Warren Road with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
INT08 and ACQ-INT08
Warren Road, 'Road A' and Dewar Road extension with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
INT09 and ACQ-INT09
Warren Road and 'Road B'
Land resumptions necessary to accommodate
the proposed designs for all Local (Precinct) Level Transport Infrastructure previously listed, where not already provided in existing road reserves.
Relocation of existing underground and
overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all Local (Precinct) Level Transport Infrastructure previously listed.
Western Precinct 2 (LSP 2): Nil North-Eastern Precinct 3 (LSP 3): Roads upgraded and/or constructed:
TRF25 to TRF31 and
Warren Road between the Great Northern Highway and 'Road K' with the costs apportioned between Precinct 1 and 3, based on their
ACQ-TRF25A to ACQ-TRF31B
respective ultimate infrastructure demand
TRF57 to TRF60 and ACQ-TRF57 to ACQ-TRF60
Dewar Road extension between Great Northern Highway and Warren Road
TRF61 to TRF62 and ACQ-TRF61 to ACQ-TRF62
Butternab Road between Great Northern Highway and 'Road K'
TRF49 to TRF56 and ACQ-TRF49 to ACQ-TRF56
'Road K' between Great Northern Highway and Warren Road
Crossing treatments upgraded and/or
constructed for a:
BR03 and ACQ-BR03
Traffic bridge along Warren Road to cross the Nambad Brook with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
Intersection treatments upgraded and/or
constructed:
INT11 and ACQ-INT11
Great Northern Highway and Warren Road with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
INT08 and ACQ-INT08
Warren Road, 'Road A' and Dewar Road extension with the costs apportioned between Precinct 1 and 3, based on their respective ultimate infrastructure demand
INT10 and ACQ-INT10
Warren Road and 'Road K'
INT14 and ACQ-INT14
Butternab Road and 'Road K'
INT12
Butternab Road and Great
Northern Highway
and ACQ-INT12
Land resumptions necessary to accommodate
the proposed designs for all Local (Precinct) Level Transport Infrastructure previously listed, where not already provided in existing road reserves.
Relocation of existing underground and
overhead services where they would otherwise interfere with the proposed design for the upgrade/construction for all Local (Precinct) Level Transport Infrastructure previously listed.
Drainage Infrastructure items Local (Precinct) items Construction and/or upgrade of the following drainage infrastructure which is required to service growth within a Precinct(s) with the costs apportioned within nominated Precinct(s): Eastern Precinct 1 (LSP 1): Arterial swales upgraded and/or constructed:
A1.1 ACQ-A1.1 A1.2 ACQ-A1.2 A2 ACQ-A2 CaX ACQ-CaX Ca1
ACQ-Ca1 Ca3 and ACQ-Ca3
'Arterial Swale A' linking surface flows entering Precinct 1 from the Great Northern Highway to 'Arterial Swale B' (at 'Road A'), inclusive of 3 key arterial culverts.
B1 ACQ-B1 B2.1 ACQ-B2.1 B2.2 ACQ-B2.2 B3.1 ACQ-B3.1 B3.2
'Arterial Swale B' linking surface flows entering Precinct 1 from Warren Road, along Warren Road (southern side), then 'Road A', then Stock Road (northern side) to exit at Stock Road, inclusive of 7 key arterial culverts
ACQ-B3.2 B4 ACQ-B4 Cb1 ACQ-Cb1 Cb2 ACQ-Cb2 Cb3 ACQ-Cb3
Cb4 ACQ-Cb4 Cb5 ACQ-Cb5 Cb6 ACQ-Cb6 Cb7 and ACQ-Cb7
Basins (inclusive of Bio-Retention Areas and
Flood Storage Areas and any key culverts) upgraded and/or constructed:
Bio1 ACQ-Bio1 FSA1 and
ACQ-FSA1
Near the intersection of Stock Road (northern side) and 'Road A' (western side)
Bio2/3 ACQ-Bio2/3 Cc1 and ACQ-Cc1
Near the intersection of Stock Road (northern side) and 'Road B' (eastern side), inclusive of 1 key arterial culvert
Bio4 ACQ-Bio4 FSA4 and ACQ-FSA4
Near the Nambad Brook foreshore on Lot 1 on Warren Road, Bullsbrook
Bio5
Near the Ki It Monger Brook foreshore and Warren Road
ACQ-Bio5 FSA5 and ACQ-FSA5
(southern side)
Land Resumptions necessary to accommodate
the proposed designs for all DCP Arterial Swales and Basins (inclusive of Bio-Retention
Areas and Flood Storage Areas) previously listed, where not already provided in existing reserves.
Relocation of existing underground and
overhead services where they would otherwise interfere with the upgrading/construction of the proposed designs for all DCP Local (Precinct) level Drainage Infrastructure as previously listed.
Western Precinct 2 (LSP 2): Nil North-Eastern Precinct 3 (LSP 3): Arterial swales upgraded and/or constructed:
AS2 and ACQ-AS2
'Arterial Swale 2' linking surface flows entering Precinct 3 from the Great Northern Highway to 'Arterial Swale 3'
AS3 and
ACQ-AS3
'Arterial Swale 3' linking surface flows between 'Arterial Swale 2' to the Basin
B2.1 and Basin B3.1 near 'Road K'
AS7 and ACQ-AS7
'Arterial Swale 7' linking surface flows between Basin 5.1 to Basin 7.1 near 'Road K'
AS8 and ACQ-AS8
'Arterial Swale 8' linking surface flows between Basin 7.1 to Basin 8.1 near 'Road K'
AS9 and ACQ-AS9
'Arterial Swale 9' linking surface flows between Basin 8.1 to 'Arterial Swale 10'
AS10 and ACQ-AS10
'Arterial Swale 10' linking surface flows between 'Arterial Swale 9' to Basin B9.1 and the Nambad Brook
AS15 and
'Arterial Swale 15' linking surface flows between Basin 13.1, the Dewar Road extension and Basin 15.1 to
ACQ-AS15
'Arterial Swale 18'
AS16/17 and ACQ-AS15
'Arterial Swale 16/17' linking surface flows entering Precinct 3 from the Great Northern Highway to Basin 16.1, Basin 17.1 and into Precinct 1
AS18 and ACQ-AS18
'Arterial Swale 18' linking surface flows between 'Arterial Swale 15', Basin 14.1, Basin 15.1 and the Nambad Brook.
AS19 and ACQ-AS19
'Arterial Swale 19' linking surface flows along Warren Road (northern side) between Basin 18.1 and Basin 19.1
AS20 and ACQ-AS20
'Arterial Swale 20' linking surface flows along Warren Road (northern side) between Basin 19.1 and Basin 20.1
Basins (inclusive of Bio-Retention Areas and
Flood Storage Areas) upgraded and/or constructed:
B2.1 and ACQ-B2.1
Basin 2.1 near 'Road K' and the Ki It Monger Brook foreshore (southern side) linking 'Arterial Swale 3' and Basin 3.1
B3.1 and ACQ-B3.1
Basin 3.1 near 'Road K' linking to 'Arterial Swale 3' and Basin 2.1
B4.1 and ACQ-B4.1
Basin 4.1 near 'Road K' and north of Butternab Road
B5.1 and ACQ-B5.1
Basin 5.1 near 'Road K' south of Butternab Road linking 'Arterial Swale 7'
B6.1 and ACQ-B6.1
Basin 6.1 near the Nambad Brook (northern side) on Lots 2 Butternab Road and Lot 11 Great Northern Highway, Bullsbrook
B7.1 and ACQ-B7.1
Basin 7.1 near 'Road K' linking 'Arterial Swale 7' and 'Arterial Swale 8'
B8.1 and ACQ-B8.1
Basin 8.1 near 'Road K' linking 'Arterial Swale 8' and 'Arterial Swale 9'
B9.1 and ACQ-B9.1
Basin 9.1 near the Nambad Brook (northern side) linking 'Arterial Swale 10'
B10.1 and ACQ-B10.1
Basin 10.1 near 'Road K', the Nambad Brook (north-western side) and Warren Road (northern side)
B11.1 and ACQ-B11.1
Basin 11.1 near the Nambad Brook (southern side) and predominately on Lot 2 Butternab Road, Bullsbrook
B12.1 and ACQ-B12.1
Basin 12.1 near the Nambad Brook and Dewar Road on Lot 209 Dewar Road Bullsbrook
B13.1
and ACQ-B13.1
Basin 13.1 near the Dewar Road extension linking
'Arterial Swale 15'
B14.1 and ACQ-B14.1
Basin 14.1 on Lot 1 Dewar Road Bullsbrook linking 'Arterial Swale 15' and 'Arterial Swale 18'
B15.1 and ACQ-B15.1
Basin 15.1 near the Dewar Road extension predominately on Lot 151 Great Northern Highway Bullsbrook
B16.1 and ACQ-B16.1
Basin 16.1 near Warren Road (northern side) and 'Arterial Swale 16/17' (western side) linking to outflow into Precinct 1
B17.1 and ACQ-B17.1
Basin 17.1 near Warren Road (northern side) and 'Arterial Swale 116/17' (eastern side) linking to outflow into Precinct 1
B18.1 and ACQ-B18.1
Basin 18.1 near Warren Road (northern side) on Lot 153 Warren Road, Bullsbrook linking 'Arterial Swale 19'
B19.1 and ACQ-B19.1
Basin 19.1 near Warren Road (northern side) on Lot 7 Warren Road, Bullsbrook linking 'Arterial Swale 19' and 'Arterial Swale 20'
B20.1 and ACQ-B20.1
Basin 20.1 near 'Road K', the Nambad Brook (south-eastern side) and Warren Road (northern side) linking 'Arterial Swale 20'
Land Resumptions necessary to accommodate
the proposed designs for all DCP Arterial Swales and Basins (inclusive of Bio-Retention Areas and Flood Storage Areas) previously listed, where not already provided in existing reserves.
Relocation of existing underground and
overhead services where they would otherwise interfere with the upgrading/construction of the proposed designs for all DCP Local (Precinct) level Drainage Infrastructure as previously listed.
Administrative items Costs to prepare and administer the
Development Contribution Plan (including legal expenses, valuation fees, cost of design and cost estimates, consultant and contract services, financing costs, proportion of staff salaries, technical support and office expenses for the purposes of administering the plan and expenses incurred by the City in relation to litigation in any Court or Tribunal or
arbitration, whether incurred before or after the incorporation of the DCP in Schedule 13).
Cost to review estimates including the costs
for appropriately qualified independent persons.
Costs to update the cost apportionment
schedules, register of cost contributions, and infrastructure.
Method for calculating contributions
The amount of an owner’s Cost Contribution will be determined by the proportional share of the Infrastructure Demand that the proposed development generates in accordance with the Cost Apportionment Schedule.
a. The DCP Report and Cost Apportionment Schedule shall define units of Infrastructure Demand used to calculate a Cost Contribution. b. The DCP Report shall estimate the Infrastructure Demand and both the Administrative and Infrastructure Cost for each network of Infrastructure to calculate the Infrastructure Contribution Rate expressed in $/unit of Infrastructure Demand. c. The Cost Apportionment Schedule shall report the Infrastructure Contribution Rates for each network of Infrastructure. d. The Cost Contribution applicable to development for each network of Infrastructure will be calculated in
accordance with the general method outlined:
C=[ID x CR] x I Where: C = Cost Contribution (for a chosen network, e.g.Transport)
ID = Infrastructure Demand, calculated using the Cost Apportionment Schedule CR = Contribution Rate as set out in the Cost Apportionment Schedule I = Indexation factor set out in the Cost Apportionment Schedule to take into account inflation and other matters relevant to the capital cost of infrastructure.
e. The Cost Contribution for Sub-Regional Transport infrastructure shall utilise a Contribution Rate as set out in Cost Apportionment Schedule and which has been determined on the following basis:
CR = [TV% x A] / TID Where: TV% = Percentage of the traffic
using the Sub-regional Transport infrastructure as modelled by the Bullsbrook Townsite Land Use Master Plan Precinct Traffic Contributions report (Transcore June 2018) A = Asset Cost TID = Total Infrastructure Demand for the South Bullsbrook Industrial DCA
Priority and timing
The detailed scope and cost of each infrastructure network shall be described in the Development Contribution Plan Report which shall outline the assumptions necessary to determine Infrastructure Contribution Rates and inform the Cost Apportionment Schedules.
Period of Operation
This Development Contribution Plan shall retain its force and effect until the completion of the development of all en-globo landholdings within the Development Contribution Area (DCA) and shall operate for an initial period of ten (10) years from the date of gazettal of this amendment, after which the DCP will be reviewed and if necessary, amended or replaced.
Review Process
The Development Contribution Plan will be reviewed when considered appropriate, but at a time that is no longer than 5 years after the date of gazettal of this amendment, having regard to the rate of subsequent development in the area since the last review and the degree of development potential still existing. The estimated infrastructure costs shown in the cost apportionment schedule will be reviewed at least annually in accordance with Clause 5A.2.13 of Local Planning Scheme No. 17.