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Meeting No.368 11 October 2019 Ms Megan Adair Presiding Member, Metro Central JDAP Page 1 Metro Central Joint Development Assessment Panel Minutes Meeting Date and Time: 11 October 2019; 9:00 AM Meeting Number: MCJDAP/368 Meeting Venue: Town of Victoria Park 99 Shepperton Road Victoria Park Attendance DAP Members Ms Megan Adair (Presiding Member) Ms Lee O'Donohue (A/Deputy Presiding Member) Mr Patrick Dick (A/Specialist Member) Item 8.1 Cr Claire Anderson (Local Government Member, Town of Victoria Park) Item 8.2 Cr Nicole Robins (Local Government Member, City of Melville) Cr Tim Barling (Local Government Member, City of Melville) Officers in attendance Item 8.1 Mr Dale Sanderson (Western Australia Planning Commission) Mr Michael Hancock (Town of Victoria Park) Ms Laura Sabitzer (Town of Victoria Park) Mr Mark Scarfone (City of Melville) Item 8.2 Mr Martin Erlacher (Western Australia Planning Commission) Mr Mark Scarfone (City of Melville) Minute Secretary Ms Shelly Woods (Town of Victoria Park) Ms Janine Martin (Town of Victoria Park) Applicants and Submitters Ms Robina Cook (Hassell) Mr Mark Jeavons (Hassell) Mr Mike Rendell (Hassell) Mr Achilles Limbouris (NSPM) Mr Oliver Basson (Planning Solutions) Mr Ross Underwood (Planning Solutions) Mr Michael Davis (Genesis Care) Mr Con Lampropoulos (Peter Hunt Architect)

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Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 1

Metro Central Joint Development Assessment Panel

Minutes Meeting Date and Time: 11 October 2019; 9:00 AM Meeting Number: MCJDAP/368 Meeting Venue: Town of Victoria Park 99 Shepperton Road Victoria Park Attendance

DAP Members Ms Megan Adair (Presiding Member) Ms Lee O'Donohue (A/Deputy Presiding Member) Mr Patrick Dick (A/Specialist Member) Item 8.1 Cr Claire Anderson (Local Government Member, Town of Victoria Park) Item 8.2 Cr Nicole Robins (Local Government Member, City of Melville) Cr Tim Barling (Local Government Member, City of Melville) Officers in attendance Item 8.1 Mr Dale Sanderson (Western Australia Planning Commission) Mr Michael Hancock (Town of Victoria Park) Ms Laura Sabitzer (Town of Victoria Park) Mr Mark Scarfone (City of Melville) Item 8.2 Mr Martin Erlacher (Western Australia Planning Commission) Mr Mark Scarfone (City of Melville) Minute Secretary Ms Shelly Woods (Town of Victoria Park) Ms Janine Martin (Town of Victoria Park) Applicants and Submitters Ms Robina Cook (Hassell) Mr Mark Jeavons (Hassell) Mr Mike Rendell (Hassell) Mr Achilles Limbouris (NSPM) Mr Oliver Basson (Planning Solutions) Mr Ross Underwood (Planning Solutions) Mr Michael Davis (Genesis Care) Mr Con Lampropoulos (Peter Hunt Architect)

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 2

Members of the Public / Media Nil 1. Declaration of Opening

The Presiding Member declared the meeting open at 9.00am on 11 October 2019 and acknowledged the traditional owners and pay respect to Elders past and present of the land on which the meeting was being held. The Presiding Member announced the meeting would be run in accordance with the DAP Standing Orders 2017 under the Planning and Development (Development Assessment Panels) Regulations 2011.

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

The Presiding Member advised that panel members may refer to technical devices, such as phones and laptops, throughout the meeting to assist them in considering the information before them.

2. Apologies

Mr Michael Hardy (Specialist Member) Cr Vicki Potter (Local Government Member, Town of Victoria Park)

3. Members on Leave of Absence Panel member, Mr Michael Hardy, Specialist Member has been granted leave of absence by the Director General for the period of 27 September 2019 to 29 October 2019 inclusive.

4. Noting of Minutes

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

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of Interests

DAP Member, Ms Rachel Chapman, declared an Indirect Pecuniary Interest in item 8.1. Golden River Developments is a company related to Golden Group who are a client of Taylor Burrell Barnett. Ms Rachel Chapman is a Director and Shareholder of Taylor Burrell Barnett. In accordance with section 6.3.1 of the DAP Standing Orders 2017, the Presiding

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 3

Member determined that the member listed above, who had disclosed a pecuniary interest, was not permitted to participate in the discussion or voting on the items.

7. Deputations and Presentations 7.1 Ms Robina Cook (Hassell) addressed the DAP in support of the application

at Item 8.1. 7.2 Mr Michael Davies (GenesisCare) addressed the DAP in support of the

application at Item 8.2. 7.3 Mr Con Lampropoulos (Peter Hunt Architect) addressed the DAP in support

of the application at Item 8.2.

7.4 Mr Ross Underwood (Planning Solutions) addressed the DAP in support the application at Item 8.2.

7.5 Mr Mark Scafone (City of Melville) addressed the DAP in relation to the

application at Item 8.2. 8. Form 1 – Responsible Authority Reports – DAP Applications

8.1a Property Location: Lot 9104 (51) Seabiscuit Drive, Burswood

Development Description: Residential and Mixed Use development Applicant: Hassell Owner: Golden River Developments WA Pty Ltd Responsible Authority: Town of Victoria Park DAP File No: DAP/19/01565

REPORT RECOMMENDATION Moved by: Ms Lee O’Donohue Seconded by: Cr Claire Anderson That the Metro Central JDAP resolves to: 1. Approve DAP Application reference DAP/19/1565 and accompanying plans at

Attachment 1 in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the Clause 29 of the Town of Victoria Park Town Planning Scheme No. 1, subject to the following conditions:

(1) The development, once commenced, is to be carried out in accordance with the

approved plans at Attachment 1 at all times, unless otherwise authorised by the Town.

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

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

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 4

(3) Prior to lodging an application for a building permit, a detailed Noise Management Plan is to be submitted and approved by the Town, which demonstrates that the development has been designed to meet the relevant requirements of State Planning Policy 5.4 ‘Road and Rail Transport Noise and Freight Considerations in Land Use Planning’ (SPP5.4). The report must be prepared by a suitably qualified and competent person in accordance with the SPP5.4 Guidelines. Any recommended mitigation or design measures are to be incorporated into the drawings submitted for a building permit and the development shall be constructed in accordance with the approved details and maintained thereafter, unless otherwise approved in writing by the Town.

(4) Should the implementation of noise mitigation and design measures leave any

apartment not achieving the target noise levels outlined within State Planning Policy 5.4 ‘Road and Rail Transport Noise and Freight Considerations in Land Use Planning’ to the satisfaction of the Town, a notification, pursuant to Section 70A of the Transfer of Land Act 1893 is to be placed on the certificate(s) of title of the relevant strata lots. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

"The dwelling is situated in the vicinity of a transport corridor and is currently affected, or may in the future be affected by transport noise.”

(5) Prior to the occupation or strata titling, whichever occurs first, a Section 70A

notification, pursuant to the Transfer of Land Act 1983 (as amended) must be placed on the Strata Title of each residential apartment alerting prospective purchasers that:

“The land is located within an inner-city mixed use precinct and may be affected by high levels of activity, light, noise, traffic and late hours of operation within public and private areas.”

(6) Prior to lodging an application for a building permit, all plant equipment, air conditioning units, hot water systems, water storage tanks, service metres, bin storage areas and clothes drying facilities must be located to minimise any visual and noise impact on the occupants of nearby properties, communal areas and screened from view from the street. Design plans for the location, materials and construction for screening of any proposed external building plant must be submitted to and approved by the Town.

(7) Prior to lodging an application for a building permit an internal and external

lighting plan detailing all security and safety lighting for the development, shall be submitted to and approved in writing by the Town and shall be in accordance with Australian Standards. The lighting shall be installed in full accordance with the approved details prior to the first occupation of the development hereby approved, and thereafter maintained.

(8) Prior to lodging an application for a building permit, complete details of the

proposed external colours, finishes and materials to be used in the construction of the buildings are to be submitted to and approved in writing by the Town. The development shall be constructed in accordance with the approved details and shall be thereafter maintained.

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 5

(9) Prior to the lodging an application for a building permit, plan(s) submitted to the Town and on advice from the Town’s Design Review Panel demonstrating further wind amelioration initiatives and how the northern façade of the podium, abutting the racecourse, will be treated to reduce the appearance of bulk to the satisfaction of the Town.

(10) Prior to the lodging an application for a building permit, wind modelling to the

entire precinct D area is to be provided to the satisfaction of the Town.

(11) All windows and doors to non-residential uses facing street frontage and Swan River Promenade are to be provided with clear glazing and are not be subsequently obscured by alternative window treatments, signage or internal shelves, to the satisfaction of the Town.

(12) Prior to lodging an application for a building permit, plans are to be submitted

demonstrating the development’s alignment with the Liveable Housing Design Guidelines, pursuant to Element 4.9 ‘Universal Design’ of State Planning Policy 7.3: Volume 2 – Apartments, to the satisfaction of the Town.

(13) Prior to the occupation or use of the development, all car parking spaces,

including visitor car parking, together with their access aisles to be clearly paved, sealed, marked and drained in accordance with AS2890.1 and thereafter maintained to the satisfaction of the Town. A minimum of 473 and a maximum of 719 car parking bays shall be provided for the exclusive use of residents.

(14) Prior to the occupation or use of the development, the bicycle parking facilities

shall be installed and shall remain in place permanently unless otherwise approved by the Town.

(15) For the life of the development, all residential tandem car bays are to be allocated

to the same dwelling unit. (16) Prior to lodging an application for a building permit, details of the security

intercom system for access to all car parking bays (inclusive of residential visitor bays) are to be provided to the satisfaction of the Town.

(17) Prior to lodging an application for a building permit, a detailed landscaping and

reticulation plan for the subject site and the adjacent road verge(s) must be submitted to and approved by the Town, and must include the following:

I. The location, number and type of proposed trees and shrubs including planter, deep soil areas and/or tree pit sizes and planting density;

II. Any lawn to be established; III. Any verge treatments; IV. Volume planter box sizes.

(18) Prior to the occupation or strata-titling of the building(s), whichever occurs first,

the approved landscaping and reticulation plan must be fully implemented and maintained thereafter, to the satisfaction of the Town.

(19) Prior to lodging an application for a building permit, stormwater disposal plans,

details and calculations must be submitted for approval by the Town and thereafter implemented, constructed and maintained to the satisfaction of the Town. (See related advice note)

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 6

(20) Prior to the lodgement of an application for a building permit, a signage strategy is to be submitted to and approved by the Town.

(21) Prior to lodging an application for a building permit, the applicant must submit and

have approved by the Town, and thereafter implement to the satisfaction of the Town, a construction management plan addressing the following matters:

I. How materials and equipment will be delivered and removed from the site;

II. How materials and equipment will be stored on the site; III. Parking arrangements for contractors; IV. Construction waste disposal strategy and location of waste disposal

bins; V. Details of cranes, large trucks or similar equipment which may block

public thoroughfares during construction; VI. How risks of wind and/or water borne erosion and sedimentation will

be minimised during and after the works; and VII. Other matters likely to impact on the surrounding properties.

(22) Prior to the commencement of any site works, a Construction Waste Management

Plan prepared by a suitably qualified person in consultation with the Town, must be submitted to the Local Government. The plan must address, but not be limited to, the following matters:

I. Recycling of demolition materials including concrete; II. Removal of hazardous materials and disposal at any approved waste

disposal facility in accordance with the requirements of the relevant legislation, codes, standards and guidelines, prior to the commencement of any building works;

Details demonstrating compliance with the relevant legislative requirements, associated with the removal of hazardous waste, particularly the method of containment and control of emission of fibres to the air, are to be submitted to the satisfaction of the Town prior to the removal of any hazardous materials.

(23) All building works to be carried out under this development approval are required

to be contained within the boundaries of the subject lot.

(24) Prior to lodging an application for a building permit, a Waste Management Plan must be submitted to and approved by the Town. The Waste Management Plan must be implemented at all times to the satisfaction of the Town.

(25) Prior to lodging an application for a building permit, the applicant/owner is to

contribute a sum of 1% of the value of the total construction value towards public art (See related advice note).

(26) Prior to lodging an application for a building permit, a Management Plan for the

Community Use facility is to be submitted to and approved by the Town. The Management Plan will outline the management, tenure, maintenance and capital costs of the Community Facility. Prior to the occupation or use of the development, the Community Use facility shall be available for public use. Unless otherwise approved by the Town, the Community Facility shown on the approved plans is to remain available for community use to the specification of the Town of Victoria Park and to the satisfaction of the Western Australian Planning Commission (See related advice note).

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 7

(27) Where the development is not constructed in its entirety, the development will be consistent with the staging as detailed in the applicant’s report (see Attachment 5) at Clause 5.6 – Staging.

(28) The development to achieve a minimum 4 star Green Star rating (or equivalent)

and demonstrate an average NATHERS rating of at least 8 stars. A certified report by a suitably qualified consultant detailing evidence of design compliance shall be submitted to and approved in writing by the Town prior to the submission of an application for a building permit for the development. The development shall be constructed in accordance with the approved details.

(29) Prior to the lodging an application for a building permit, a geotechnical report is to

be submitted to the Town, detailing site conditions with respect to soil, groundwater and stormwater disposal, to the satisfaction of the Town.

(30) Prior to the commencement of works, an acid sulphate soils self-assessment form

and, if required as a result of the self-assessment, an acid sulphate soils report and an acid sulphate soils management plan shall be prepared and implemented to the specification of the Department of Water and Environmental Regulation and to the satisfaction of the Western Australian Planning Commission.

(31) Prior to the commencement of works, amended plans shall be prepared to the

specification of the Department of Biodiversity, Conservation and Attractions and the satisfaction of the Western Australian Planning Commission, showing final retaining/fill levels proposed across the development.

(32) Prior to the commencement of works, a Stormwater Management Plan shall be

prepared and implemented to the specification of the Department of Biodiversity, Conservation and Attractions and the Town of Victoria Park and to the satisfaction of the Western Australian Planning Commission.

(33) No dewatering tailwater is to be discharged directly or indirectly (e.g. via the

stormwater system) into the river unless permitted in a dewatering management plan prepared and implemented to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

(34) Prior to the commencement of works, a Groundwater Management Plan shall be

prepared and implemented to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

(35) The applicant shall take appropriate preventative measures during the works to

ensure that no construction material, soil, rubbish, or deleterious matter is allowed to enter the river, foreshore reserve, or stormwater system to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

(36) The applicant must ensure that the fill products used are geotechnically suitable,

do not cause environmental harm, pollution, unreasonable emissions or unauthorised discharges contrary to the Environmental Protection Act 1986 or other legislation to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 8

(37) The applicant must ensure no wastewater/backwash from the swimming pool is discharged into the river or the local government drainage system to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

Advice Notes (1) The development is to display the street number allocated to the property in a

prominent location clearly visible from the street(s) that the building faces. (2) The crossover location and construction shall comply with the Town’s

Specifications for Crossover Construction. A separate application must be made to the Town’s Street Improvement Unit for approval prior to construction of a new crossover.

(3) In regards to the stormwater disposal plans, all stormwater drainage for

commercial/industrial and multi residential developments (5 or more units) shall be designed and signed by a practicing Hydraulic Consultant. An overland flow path is to be included in the design to ensure diversion of stormwater from the developments during storm events.

(4) In regards to the public art contribution, payment being:

I. payment directly to the Town which will be placed in the Town’s Community Art Reserve with the funds being used by the Town to provide public art within the same Town Planning Scheme Precinct; or

II. payment to the Town of a bond to the value of the contribution, on the basis that the owner/applicant is to provide public art on the development site in accordance with the procedures outlined in the Town’s Developers Public Art Handbook, which includes the submission of details for approval by Council. The public art is to be completed and installed to the satisfaction of the Town prior to the occupation of the development, at which time the bond will be refunded by Council. The public art is to be maintained thereafter by the owner/occupiers; or

III. the applicant/owner entering into a legal agreement with the Town prepared by the Town’s solicitors at the cost of the owner/applicant, undertaking to provide public art on the development site in accordance with the procedures outlined in the Town’s Developers Public Art Handbook, which includes the submission of details for approval by Council. The public art is to be completed and installed to the satisfaction of the Town prior to the occupation of the development. The public art is to be maintained thereafter by the owner/occupiers.

(5) In regards to the Management Plan for the Community Use facility, it is strongly

encouraged that the applicant/owner meets with the Town’s Property and Asset Management service areas to discuss the proposal prior to the preparation of the Management Plan.

(6) Once crane types have been selected, Perth Airport and Airservices Australia

may require a separate assessment. Applicants are to send a request to [email protected].

(7) Consideration is encouraged to be given to the provision of communal electrical

bicycle charging facilities.

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 9

(8) A building permit is required to be obtained from the Town prior to commencement of any work in relation to this development approval.

(9) Your attention is drawn to the need to comply with the requirements of Part D3 of

the Building Code of Australia - Access for People with Disabilities, including parking, sanitary facilities and tactile indicators in accordance with AS 1428.1, AS 1428.4, AS 1428.5 and AS/NZS 2890.6.

(10) All construction work outside the nominated working hours will require an

application in the form of a Noise Management Plan. For further information please contact the Town’s Environmental Health Services area.

(11) Any work involving the handling and removal of asbestos must be undertaken in

accordance with the Health (Asbestos) Regulations 1992.

(12) Sound levels created are not to exceed the provisions of the Environmental Protection (Noise) Regulations 1997.

(13) Car park ventilation to be designed to ensure that the carbon monoxide build up

in the parking area does not exceed the requirements in accordance with the Health Act (Miscellaneous Provisions) Act 1911, (Carbon Monoxide) Regulations 1975 and the Town of Victoria Park Health Local Law 2003.

(14) The aquatic facilities are to be constructed in compliance with the Health (Aquatic

Facilities) Regulations 2007 and the Aquatic Facilities Code of Practice.

(15) The bathroom, laundries and kitchens of each dwelling are to comply with the provisions set out in the Town of Victoria Park Health Local Law 2003.

(16) This approval is for the use of the residential apartments as dwellings only, to be

occupied on a permanent basis, and does not include approval for their use as Serviced Apartments or Short Stay Accommodation. Any alternative use or occupation of the units will require further Development Approval to be obtained.

(17) The applicant is required to submit a Food Business Registration/Notification form

to Council’s Environmental Health service area in order to register the food business under the Food Act 2008. Annual food risk assessment fees may apply. The form can be downloaded from the Council’s website.

(18) The landowner/applicant shall notify the Department of Biodiversity, Conservation

and Attractions in writing not less than seven (7) days prior to the commencement of works. Notification of commencement of works and required management plans can be emailed to [email protected]

(19) In regards to the amended plans, it is understood that the finished floor levels for

the buildings along the river foreshore interface will not vary from the original plans dated 20 December 2018 (i.e. approximately 4.5m AHD with no additional fill), this needs to be reflected in the section and elevation plans.

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 10

(20) In regards to the stormwater management plan, the Department of Biodiversity, Conservation and Attractions advise that the stormwater management plan should be prepared in accordance with Department of Biodiversity, Conservation and Attractions Policy 49 - Planning for stormwater management affecting the Swan Canning Development Control Area, the Department of Water and Environmental Regulation's Stormwater Management Manual for Western Australia (2004-2007) and Decision Process for Stormwater Management in Western Australia (2017), and any relevant urban water management plan that has been approved by the Department of Water and Environmental Regulation. DBCA advises that it supports the use of raingardens on the first floor of the building to treat and detain stormwater runoff generated by the minor rainfall events (i.e. first 15mm) from the proposed development. For further guidance on suitable plant species with high nutrient removal capabilities please refer to the 'Vegetation guidelines for stormwater biofilters in the south-west of Western Australia (Monash University 2014)' available from the New Water Ways website at http://www.newwaterways.org.au/files/files/381 Biofilter vegetation guidelines for southwest WA.

(21) In regards to the dewatering management plan, the Department of Biodiversity,

Conservation and Attractions advise that the dewatering management plan shall be prepared in accordance with Department of Biodiversity, Conservation and Attractions Policy 50 – Planning for dewatering in the Swan Canning Development Control Area, and include: • The location, extent and quality of groundwater at the site; • Proposed treatment and disposal methods of the discharge; • Dewatering commencement date, duration, frequency, flow rates and

volumes; and • Details of the proposed engineering/construction methods which will be

used to reduce the volumes of dewatering tailwater and reduce the groundwater drawdown impact zone radius.

(22) In regards to the groundwater management plan, the Department of Biodiversity,

Conservation and Attractions advise it is unlikely to support the connection of subsoil drains, if required, to the local stormwater system and the river without treatment onsite prior to discharge.

(23) In regards to managing the discharge of wastewater/backwash from the

swimming pool, the Department of Biodiversity, Conservation and Attractions does not permit the discharge of swimming pool or backwash water into the river or into the local government stormwater drainage system as the treated water may contain chemicals that are detrimental to riverine ecology.

(24) The applicant is advised that the Department of Biodiversity, Conservation and

Attractions: • does not permit the discharge of swimming pool or backwash water into the

river or into the local government stormwater drainage system as the treated water may contain chemicals that are detrimental to riverine ecology.

• supports the proposed public art strategy (Appendix K), which indicates that public art structures will be installed within the public space of the development lot and will reflect the cultural and heritage values of the Belmont Park Precinct. It is recommended that the selection of colours, finishes and materials for the public artwork compliment the riverine environment and is consistent with the proposed Public Art Strategy for the

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 11

Precinct D public open space/foreshore area; • requests that the glazing and external finishes for the proposed towers not

be overly reflective when viewed from the public reserve or the river; • requests that any lighting from the building should be designed with minimal

light spill into the public reserve or upward to the sky, to minimise adverse ecological consequences; and

• recommends that locally native plant species be used for any landscaping of the open space areas within the development boundary, to minimise fertilizer and irrigation requirements.

(25) In regards to the acid sulphate soils self-assessment, the Department of Water

and Environmental Regulation advise that acid sulfate soil management should seek to manage dewatering and development at depth, so that drawdown of the groundwater table is restricted to the extent that it does not extend to areas beyond the immediate area of development. DWER’s acid sulfate soil guidelines are available at the following web address https://www.der.wa.qov.au/your-environment/acid-sulfate-soils.

AMENDING MOTION Moved by: Mr Patrick Dick Seconded by: Ms Lee O’Donohue To amend condition 11 to read as follows:

All windows and doors to non-residential uses facing street frontage, the POS Plaza and Swan River Promenade are to be provided with clear glazing and are not be subsequently obscured by alternative window treatments, signage or internal shelves, to the satisfaction of the Town.

The Amendment was put and CARRIED UNANIMOUSLY REASON: As a result of questions to the Town of Victoria Park and the applicant the Panel agreed that condition 11 was intended to including the POS Plaza as any non-residential land use fronting this area should be activated. REPORT RECOMMENDATION (AS AMENDED) Moved by: Ms Lee O’Donohue Seconded by: Cr Claire Anderson That the Metro Central JDAP resolves to: 1. Approve DAP Application reference DAP/19/1565 and accompanying plans at

Attachment 1 in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the Clause 29 of the Town of Victoria Park Town Planning Scheme No. 1, subject to the following conditions:

(1) The development, once commenced, is to be carried out in accordance with the

approved plans at Attachment 1 at all times, unless otherwise authorised by the Town.

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 12

(2) This decision constitutes planning approval only and is valid for a period of three (3) years from the date of development approval. If the subject development is not substantially commenced within the three (3) year period, the approval shall lapse and be of no further effect.

(3) Prior to lodging an application for a building permit, a detailed Noise Management

Plan is to be submitted and approved by the Town, which demonstrates that the development has been designed to meet the relevant requirements of State Planning Policy 5.4 ‘Road and Rail Transport Noise and Freight Considerations in Land Use Planning’ (SPP5.4). The report must be prepared by a suitably qualified and competent person in accordance with the SPP5.4 Guidelines. Any recommended mitigation or design measures are to be incorporated into the drawings submitted for a building permit and the development shall be constructed in accordance with the approved details and maintained thereafter, unless otherwise approved in writing by the Town.

(4) Should the implementation of noise mitigation and design measures leave any

apartment not achieving the target noise levels outlined within State Planning Policy 5.4 ‘Road and Rail Transport Noise and Freight Considerations in Land Use Planning’ to the satisfaction of the Town, a notification, pursuant to Section 70A of the Transfer of Land Act 1893 is to be placed on the certificate(s) of title of the relevant strata lots. Notice of this notification is to be included on the diagram or plan of survey (deposited plan). The notification is to state as follows:

"The dwelling is situated in the vicinity of a transport corridor and is currently affected, or may in the future be affected by transport noise.”

(5) Prior to the occupation or strata titling, whichever occurs first, a Section 70A

notification, pursuant to the Transfer of Land Act 1983 (as amended) must be placed on the Strata Title of each residential apartment alerting prospective purchasers that:

“The land is located within an inner-city mixed use precinct and may be affected by high levels of activity, light, noise, traffic and late hours of operation within public and private areas.”

(6) Prior to lodging an application for a building permit, all plant equipment, air conditioning units, hot water systems, water storage tanks, service metres, bin storage areas and clothes drying facilities must be located to minimise any visual and noise impact on the occupants of nearby properties, communal areas and screened from view from the street. Design plans for the location, materials and construction for screening of any proposed external building plant must be submitted to and approved by the Town.

(7) Prior to lodging an application for a building permit an internal and external

lighting plan detailing all security and safety lighting for the development, shall be submitted to and approved in writing by the Town and shall be in accordance with Australian Standards. The lighting shall be installed in full accordance with the approved details prior to the first occupation of the development hereby approved, and thereafter maintained.

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 13

(8) Prior to lodging an application for a building permit, complete details of the proposed external colours, finishes and materials to be used in the construction of the buildings are to be submitted to and approved in writing by the Town. The development shall be constructed in accordance with the approved details and shall be thereafter maintained.

(9) Prior to the lodging an application for a building permit, plan(s) submitted to the

Town and on advice from the Town’s Design Review Panel demonstrating further wind amelioration initiatives and how the northern façade of the podium, abutting the racecourse, will be treated to reduce the appearance of bulk to the satisfaction of the Town.

(10) Prior to the lodging an application for a building permit, wind modelling to the

entire precinct D area is to be provided to the satisfaction of the Town.

(11) All windows and doors to non-residential uses facing street frontage, the POS Plaza and Swan River Promenade are to be provided with clear glazing and are not be subsequently obscured by alternative window treatments, signage or internal shelves, to the satisfaction of the Town.

(12) Prior to lodging an application for a building permit, plans are to be submitted demonstrating the development’s alignment with the Liveable Housing Design Guidelines, pursuant to Element 4.9 ‘Universal Design’ of State Planning Policy 7.3: Volume 2 – Apartments, to the satisfaction of the Town.

(13) Prior to the occupation or use of the development, all car parking spaces,

including visitor car parking, together with their access aisles to be clearly paved, sealed, marked and drained in accordance with AS2890.1 and thereafter maintained to the satisfaction of the Town. A minimum of 473 and a maximum of 719 car parking bays shall be provided for the exclusive use of residents.

(14) Prior to the occupation or use of the development, the bicycle parking facilities

shall be installed and shall remain in place permanently unless otherwise approved by the Town.

(15) For the life of the development, all residential tandem car bays are to be allocated

to the same dwelling unit. (16) Prior to lodging an application for a building permit, details of the security

intercom system for access to all car parking bays (inclusive of residential visitor bays) are to be provided to the satisfaction of the Town.

(17) Prior to lodging an application for a building permit, a detailed landscaping and

reticulation plan for the subject site and the adjacent road verge(s) must be submitted to and approved by the Town, and must include the following:

I. The location, number and type of proposed trees and shrubs including planter, deep soil areas and/or tree pit sizes and planting density;

II. Any lawn to be established; III. Any verge treatments; IV. Volume planter box sizes.

(18) Prior to the occupation or strata-titling of the building(s), whichever occurs first,

the approved landscaping and reticulation plan must be fully implemented and maintained thereafter, to the satisfaction of the Town.

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Ms Megan Adair Presiding Member, Metro Central JDAP Page 14

(19) Prior to lodging an application for a building permit, stormwater disposal plans,

details and calculations must be submitted for approval by the Town and thereafter implemented, constructed and maintained to the satisfaction of the Town. (See related advice note)

(20) Prior to the lodgement of an application for a building permit, a signage strategy is

to be submitted to and approved by the Town. (21) Prior to lodging an application for a building permit, the applicant must submit and

have approved by the Town, and thereafter implement to the satisfaction of the Town, a construction management plan addressing the following matters:

I. How materials and equipment will be delivered and removed from the site;

II. How materials and equipment will be stored on the site; III. Parking arrangements for contractors; IV. Construction waste disposal strategy and location of waste disposal

bins; V. Details of cranes, large trucks or similar equipment which may block

public thoroughfares during construction; VI. How risks of wind and/or water borne erosion and sedimentation will

be minimised during and after the works; and VII. Other matters likely to impact on the surrounding properties.

(22) Prior to the commencement of any site works, a Construction Waste Management

Plan prepared by a suitably qualified person in consultation with the Town, must be submitted to the Local Government. The plan must address, but not be limited to, the following matters:

I. Recycling of demolition materials including concrete; II. Removal of hazardous materials and disposal at any approved waste

disposal facility in accordance with the requirements of the relevant legislation, codes, standards and guidelines, prior to the commencement of any building works;

Details demonstrating compliance with the relevant legislative requirements, associated with the removal of hazardous waste, particularly the method of containment and control of emission of fibres to the air, are to be submitted to the satisfaction of the Town prior to the removal of any hazardous materials.

(23) All building works to be carried out under this development approval are required

to be contained within the boundaries of the subject lot.

(24) Prior to lodging an application for a building permit, a Waste Management Plan must be submitted to and approved by the Town. The Waste Management Plan must be implemented at all times to the satisfaction of the Town.

(25) Prior to lodging an application for a building permit, the applicant/owner is to

contribute a sum of 1% of the value of the total construction value towards public art (See related advice note).

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Ms Megan Adair Presiding Member, Metro Central JDAP Page 15

(26) Prior to lodging an application for a building permit, a Management Plan for the Community Use facility is to be submitted to and approved by the Town. The Management Plan will outline the management, tenure, maintenance and capital costs of the Community Facility. Prior to the occupation or use of the development, the Community Use facility shall be available for public use. Unless otherwise approved by the Town, the Community Facility shown on the approved plans is to remain available for community use to the specification of the Town of Victoria Park and to the satisfaction of the Western Australian Planning Commission (See related advice note).

(27) Where the development is not constructed in its entirety, the development will be

consistent with the staging as detailed in the applicant’s report (see Attachment 5) at Clause 5.6 – Staging.

(28) The development to achieve a minimum 4 star Green Star rating (or equivalent)

and demonstrate an average NATHERS rating of at least 8 stars. A certified report by a suitably qualified consultant detailing evidence of design compliance shall be submitted to and approved in writing by the Town prior to the submission of an application for a building permit for the development. The development shall be constructed in accordance with the approved details.

(29) Prior to the lodging an application for a building permit, a geotechnical report is to

be submitted to the Town, detailing site conditions with respect to soil, groundwater and stormwater disposal, to the satisfaction of the Town.

(30) Prior to the commencement of works, an acid sulphate soils self-assessment form

and, if required as a result of the self-assessment, an acid sulphate soils report and an acid sulphate soils management plan shall be prepared and implemented to the specification of the Department of Water and Environmental Regulation and to the satisfaction of the Western Australian Planning Commission.

(31) Prior to the commencement of works, amended plans shall be prepared to the

specification of the Department of Biodiversity, Conservation and Attractions and the satisfaction of the Western Australian Planning Commission, showing final retaining/fill levels proposed across the development.

(32) Prior to the commencement of works, a Stormwater Management Plan shall be

prepared and implemented to the specification of the Department of Biodiversity, Conservation and Attractions and the Town of Victoria Park and to the satisfaction of the Western Australian Planning Commission.

(33) No dewatering tailwater is to be discharged directly or indirectly (e.g. via the

stormwater system) into the river unless permitted in a dewatering management plan prepared and implemented to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

(34) Prior to the commencement of works, a Groundwater Management Plan shall be

prepared and implemented to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

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11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 16

(35) The applicant shall take appropriate preventative measures during the works to ensure that no construction material, soil, rubbish, or deleterious matter is allowed to enter the river, foreshore reserve, or stormwater system to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

(36) The applicant must ensure that the fill products used are geotechnically suitable,

do not cause environmental harm, pollution, unreasonable emissions or unauthorised discharges contrary to the Environmental Protection Act 1986 or other legislation to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

(37) The applicant must ensure no wastewater/backwash from the swimming pool is

discharged into the river or the local government drainage system to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

Advice Notes (1) The development is to display the street number allocated to the property in a

prominent location clearly visible from the street(s) that the building faces. (2) The crossover location and construction shall comply with the Town’s

Specifications for Crossover Construction. A separate application must be made to the Town’s Street Improvement Unit for approval prior to construction of a new crossover.

(3) In regards to the stormwater disposal plans, all stormwater drainage for

commercial/industrial and multi residential developments (5 or more units) shall be designed and signed by a practicing Hydraulic Consultant. An overland flow path is to be included in the design to ensure diversion of stormwater from the developments during storm events.

(4) In regards to the public art contribution, payment being:

I. payment directly to the Town which will be placed in the Town’s Community Art Reserve with the funds being used by the Town to provide public art within the same Town Planning Scheme Precinct; or

II. payment to the Town of a bond to the value of the contribution, on the basis that the owner/applicant is to provide public art on the development site in accordance with the procedures outlined in the Town’s Developers Public Art Handbook, which includes the submission of details for approval by Council. The public art is to be completed and installed to the satisfaction of the Town prior to the occupation of the development, at which time the bond will be refunded by Council. The public art is to be maintained thereafter by the owner/occupiers; or

III. the applicant/owner entering into a legal agreement with the Town prepared by the Town’s solicitors at the cost of the owner/applicant, undertaking to provide public art on the development site in accordance with the procedures outlined in the Town’s Developers Public Art Handbook, which includes the submission of details for approval by Council. The public art is to be completed and installed to the satisfaction of the Town prior to the occupation of the

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11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 17

development. The public art is to be maintained thereafter by the owner/occupiers.

(5) In regards to the Management Plan for the Community Use facility, it is strongly

encouraged that the applicant/owner meets with the Town’s Property and Asset Management service areas to discuss the proposal prior to the preparation of the Management Plan.

(6) Once crane types have been selected, Perth Airport and Airservices Australia

may require a separate assessment. Applicants are to send a request to [email protected].

(7) Consideration is encouraged to be given to the provision of communal electrical

bicycle charging facilities.

(8) A building permit is required to be obtained from the Town prior to commencement of any work in relation to this development approval.

(9) Your attention is drawn to the need to comply with the requirements of Part D3 of

the Building Code of Australia - Access for People with Disabilities, including parking, sanitary facilities and tactile indicators in accordance with AS 1428.1, AS 1428.4, AS 1428.5 and AS/NZS 2890.6.

(10) All construction work outside the nominated working hours will require an

application in the form of a Noise Management Plan. For further information please contact the Town’s Environmental Health Services area.

(11) Any work involving the handling and removal of asbestos must be undertaken in

accordance with the Health (Asbestos) Regulations 1992.

(12) Sound levels created are not to exceed the provisions of the Environmental Protection (Noise) Regulations 1997.

(13) Car park ventilation to be designed to ensure that the carbon monoxide build up

in the parking area does not exceed the requirements in accordance with the Health Act (Miscellaneous Provisions) Act 1911, (Carbon Monoxide) Regulations 1975 and the Town of Victoria Park Health Local Law 2003.

(14) The aquatic facilities are to be constructed in compliance with the Health (Aquatic

Facilities) Regulations 2007 and the Aquatic Facilities Code of Practice.

(15) The bathroom, laundries and kitchens of each dwelling are to comply with the provisions set out in the Town of Victoria Park Health Local Law 2003.

(16) This approval is for the use of the residential apartments as dwellings only, to be

occupied on a permanent basis, and does not include approval for their use as Serviced Apartments or Short Stay Accommodation. Any alternative use or occupation of the units will require further Development Approval to be obtained.

(17) The applicant is required to submit a Food Business Registration/Notification form

to Council’s Environmental Health service area in order to register the food business under the Food Act 2008. Annual food risk assessment fees may apply. The form can be downloaded from the Council’s website.

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11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 18

(18) The landowner/applicant shall notify the Department of Biodiversity, Conservation and Attractions in writing not less than seven (7) days prior to the commencement of works. Notification of commencement of works and required management plans can be emailed to [email protected]

(19) In regards to the amended plans, it is understood that the finished floor levels for

the buildings along the river foreshore interface will not vary from the original plans dated 20 December 2018 (i.e. approximately 4.5m AHD with no additional fill), this needs to be reflected in the section and elevation plans.

(20) In regards to the stormwater management plan, the Department of Biodiversity,

Conservation and Attractions advise that the stormwater management plan should be prepared in accordance with Department of Biodiversity, Conservation and Attractions Policy 49 - Planning for stormwater management affecting the Swan Canning Development Control Area, the Department of Water and Environmental Regulation's Stormwater Management Manual for Western Australia (2004-2007) and Decision Process for Stormwater Management in Western Australia (2017), and any relevant urban water management plan that has been approved by the Department of Water and Environmental Regulation. DBCA advises that it supports the use of raingardens on the first floor of the building to treat and detain stormwater runoff generated by the minor rainfall events (i.e. first 15mm) from the proposed development. For further guidance on suitable plant species with high nutrient removal capabilities please refer to the 'Vegetation guidelines for stormwater biofilters in the south-west of Western Australia (Monash University 2014)' available from the New Water Ways website at http://www.newwaterways.org.au/files/files/381 Biofilter vegetation guidelines for southwest WA.

(21) In regards to the dewatering management plan, the Department of Biodiversity,

Conservation and Attractions advise that the dewatering management plan shall be prepared in accordance with Department of Biodiversity, Conservation and Attractions Policy 50 – Planning for dewatering in the Swan Canning Development Control Area, and include: • The location, extent and quality of groundwater at the site; • Proposed treatment and disposal methods of the discharge; • Dewatering commencement date, duration, frequency, flow rates and

volumes; and • Details of the proposed engineering/construction methods which will be

used to reduce the volumes of dewatering tailwater and reduce the groundwater drawdown impact zone radius.

(22) In regards to the groundwater management plan, the Department of Biodiversity,

Conservation and Attractions advise it is unlikely to support the connection of subsoil drains, if required, to the local stormwater system and the river without treatment onsite prior to discharge.

(23) In regards to managing the discharge of wastewater/backwash from the

swimming pool, the Department of Biodiversity, Conservation and Attractions does not permit the discharge of swimming pool or backwash water into the river or into the local government stormwater drainage system as the treated water may contain chemicals that are detrimental to riverine ecology.

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Ms Megan Adair Presiding Member, Metro Central JDAP Page 19

(24) The applicant is advised that the Department of Biodiversity, Conservation and Attractions: • does not permit the discharge of swimming pool or backwash water into the

river or into the local government stormwater drainage system as the treated water may contain chemicals that are detrimental to riverine ecology.

• supports the proposed public art strategy (Appendix K), which indicates that public art structures will be installed within the public space of the development lot and will reflect the cultural and heritage values of the Belmont Park Precinct. It is recommended that the selection of colours, finishes and materials for the public artwork compliment the riverine environment and is consistent with the proposed Public Art Strategy for the Precinct D public open space/foreshore area;

• requests that the glazing and external finishes for the proposed towers not be overly reflective when viewed from the public reserve or the river;

• requests that any lighting from the building should be designed with minimal light spill into the public reserve or upward to the sky, to minimise adverse ecological consequences; and

• recommends that locally native plant species be used for any landscaping of the open space areas within the development boundary, to minimise fertilizer and irrigation requirements.

(25) In regards to the acid sulphate soils self-assessment, the Department of Water

and Environmental Regulation advise that acid sulfate soil management should seek to manage dewatering and development at depth, so that drawdown of the groundwater table is restricted to the extent that it does not extend to areas beyond the immediate area of development. DWER’s acid sulfate soil guidelines are available at the following web address https://www.der.wa.qov.au/your-environment/acid-sulfate-soils.

The Report Recommendation was put and CARRIED UNANIMOUSLY. REASON: In accordance with details contained in the Responsible Authority Report and Amending Motion. 8.1b Property Location: Lot 9104 (51) Seabiscuit Drive, Burswood Development Description: Residential and Mixed Use development Applicant: Hassell Owner: Golden River Developments WA Pty Ltd Responsible Authority: Western Australian Planning Commission DAP File No: DAP/19/01565

REPORT RECOMMENDATION Moved by: Ms Lee O’Donohue Seconded by: Cr Claire Anderson That the Metro Central Joint Development Assessment Panel resolves to: 1. Approve DAP Application reference 19/01565 and accompanying plans date

stamped 5 September 2019 in accordance with Clause 29, 30 and 30A of the Metropolitan Region Scheme, subject to the following conditions:

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11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 20

Conditions 1. This decision constitutes planning approval only and is valid for a period of three

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.

2. Prior to the commencement of works, amended plans shall be prepared to the

specification of the Department of Biodiversity, Conservation and Attractions and the satisfaction of the Western Australian Planning Commission, showing final retaining/fill levels proposed across the development.

3. Prior to the commencement of works, a Stormwater Management Plan shall be prepared and implemented to the specification of the Department of Biodiversity, Conservation and Attractions and the Town of Victoria Park and to the satisfaction of the Western Australian Planning Commission.

4. No dewatering tailwater is to be discharged directly or indirectly (e.g. via the

stormwater system) into the river unless permitted in a dewatering management plan prepared and implemented to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

5. Prior to the commencement of works, a Groundwater Management Plan shall

be prepared and implemented to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

6. The applicant shall take appropriate preventative measures during the works

to ensure that no construction material, soil, rubbish, or deleterious matter is allowed to enter the river, foreshore reserve, or stormwater system to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

7. The applicant must ensure that the fill products used are geotechnically

suitable, do not cause environmental harm, pollution, unreasonable emissions or unauthorised discharges contrary to the Environmental Protection Act 1986 or other legislation to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

8. The applicant must ensure no wastewater/backwash from the swimming pool

is discharged into the river or the local government drainage system to the specification of the Department of Biodiversity, Conservation and Attractions and to the satisfaction of the Western Australian Planning Commission.

9. The community facility shown on the approved plans is to remain available for

community use to the specification of the Town of Victoria Park to the satisfaction of the Western Australian Planning Commission.

10. Prior to the commencement of works an acoustic report shall be prepared to the

specification of the Town of Victoria Park and Main Roads WA and to the satisfaction of the Western Australian Planning Commission.

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11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 21

11. Prior to the occupation of the building, certification from a qualified acoustic consultant is to be submitted confirming that the approved acoustic report has been implemented, to the specification of the Town of Victoria Park and to the satisfaction of the Western Australian Planning Commission.

12. Prior to the submission of an occupancy permit application, the owner shall

register on the Certificate of Title for the lots the subject of a Strata Plan, a notification in accordance with Section 70A of the Transfer of Land Act 1893 informing prospective purchasers and owners that: ‘This lot is situated in the vicinity of a transport corridor and is currently affected, or may in the future be affected, by transport noise’. The notification is to be registered at the owner's expense, to the specification of the Town of Victoria Park and to the satisfaction of the Western Australian Planning Commission.

13. Prior to the commencement of works, an acid sulphate soils self-assessment form

and, if required as a result of the self-assessment, an acid sulphate soils report and an acid sulphate soils management plan shall be prepared and implemented to the specification of the Department of Water and Environmental Regulation and to the satisfaction of the Western Australian Planning Commission.

Advice Notes

1. The landowner/applicant shall notify the Department of Biodiversity, Conservation and Attractions in writing not less than seven (7) days prior to the commencement of works. Notification of commencement of works and required management plans can be emailed to [email protected]

2. In regard to the amended plans, it is understood that the finished floor levels for the buildings along the river foreshore interface will not vary from the original plans dated 20 December 2018 (i.e. approximately 4.5mAHD with no additional fill), this needs to be reflected in the section and elevation plans.

3. In regard to the stormwater management plan, the Department of Biodiversity,

Conservation and Attractions advise that the stormwater management plan should be prepared in accordance with Department of Biodiversity, Conservation and Attractions Policy 49 - Planning for stormwater management affecting the Swan Canning Development Control Area, the Department of Water and Environmental Regulation's Stormwater Management Manual for Western Australia (2004-2007) and Decision Process for Stormwater Management in Western Australia (2017), and any relevant urban water management plan that has been approved by the Department of Water and Environmental Regulation. DBCA advises that it supports the use of raingardens on the first floor of the building to treat and detain stormwater runoff generated by the minor rainfall events (i.e. first 15mm) from the proposed development. For further guidance on suitable plant species with high nutrient removal capabilities please refer to the 'Vegetation guidelines for stormwater biofilters in the south-west of Western Australia (Monash University 2014)' available from the New Water Ways website at http://www.newwaterways.org.au/files/files/381 Biofilter vegetation guidelines for southwest WA.pdf

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11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 22

4. In regard to the dewatering management plan, the Department of Biodiversity, Conservation and Attractions advise that the dewatering management plan shall be prepared in accordance with Department of Biodiversity, Conservation and Attractions Policy 50 – Planning for dewatering in the Swan Canning Development Control Area, and include: • The location, extent and quality of groundwater at the site; • Proposed treatment and disposal methods of the discharge; • Dewatering commencement date, duration, frequency, flow rates and

volumes; and • Details of the proposed engineering/construction methods which will be

used to reduce the volumes of dewatering tailwater and reduce the groundwater drawdown impact zone radius.

5. In regard to the groundwater management plan, the Department of Biodiversity,

Conservation and Attractions advise it is unlikely to support the connection of subsoil drains, if required, to the local stormwater system and the river without treatment onsite prior to discharge.

6. In regard to managing the discharge of wastewater/backwash from the swimming pool, the Department of Biodiversity, Conservation and Attractions does not permit the discharge of swimming pool or backwash water into the river or into the local government stormwater drainage system as the treated water may contain chemicals that are detrimental to riverine ecology.

7. The applicant is advised that the Department of Biodiversity, Conservation and

Attractions: • Supports the proposed public art strategy (Appendix K), which indicates that

public art structures will be installed within the public space of the development lot and will reflect the cultural and heritage values of the Belmont Park Precinct. It is recommended that the selection of colours, finishes and materials for the public artwork compliment the riverine environment and is consistent with the proposed Public Art Strategy for the Precinct D public open space/foreshore area;

• Requests that the glazing and external finishes for the proposed towers not be overly reflective when viewed from the public reserve or the river;

• Requests that any lighting from the building should be designed with minimal light spill into the public reserve or upward to the sky, to minimise adverse ecological consequences; and

• Recommends that locally native plant species be used for any landscaping of the open space areas within the development boundary, to minimise fertilizer and irrigation requirements.

8. In regard to the acoustic report, Main Roads WA advises that the report shall be

prepared in accordance with State Planning Policy 5.4 Road and Rail Noise (SPP 5.4) and Main Roads Requirements for Road Traffic Noise Assessments, and address the following: • Noise mitigation measures applied shall comply with the requirements of the

SPP 5.4 Implementation Guidelines. • The development must provide at least one outdoor living space (i.e.

communal area/pool) that complies with the SPP 5.4 noise target, or if not practicable, the limit.

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 23

9. In regard to the acid sulphate soils self-assessment, the Department of Water and Environmental Regulation advise that acid sulfate soil management should seek to manage dewatering and development at depth, so that drawdown of the groundwater table is restricted to the extent that it does not extend to areas beyond the immediate area of development. DWER’s acid sulfate soil guidelines are available at the following web address https://www.der.wa.qov.au/your-environment/acid-sulfate-soils.

The Report Recommendation was put and CARRIED UNANIMOUSLY. REASON: In accordance with details contained in the Responsible Authority Report and Amending Motion. 8.2 Property Location: Lot 601 (No. 100) Murdoch Drive, Murdoch Development Description: Proposed Oncology Clinic Applicant: Planning Solutions Owner: St John of God Health Care Inc Responsible Authority: Western Australian Planning Commission DAP File No: DAP/19/01654

REPORT RECOMMENDATION Moved by: Cr Nicole Robins Seconded by: Ms Lee O’Donohue That the Metro Central JDAP resolves to: 1. Approve DAP Application reference DAP/19/01654 and accompanying plans

dated 17 September 2019 in accordance with Clause 30(1) of the Metropolitan Region Scheme subject to the following conditions:

Conditions 1. 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.

2. The eastern façade being modified to extend the brick and glazed treatment the full extent of the lower ground floor to the ambulance bay, to the specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission.

3. Prior to the commencement of works, detailed plans shall be prepared to the

specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission.

4. All stormwater generated by the development is to be retained on the lot to the specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission.

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11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 24

5. Prior to commencement of development, a detailed landscaping and reticulation plan shall be prepared, and fully implemented within the first available planting season after the initial occupation of the development and maintained thereafter, with any species that fail to establish within the first two planting seasons replaced, to the specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission.

6. Prior to the initial occupation of the development, a Waste Management Plan shall be prepared and implemented in its entirety to the specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission.

7. Prior to commencement of development, a Construction Management Plan shall be prepared to the specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission. Once approved, the Construction Management Plan is to be implemented in its entirety.

8. Prior to the commencement of development, a signage strategy shall be prepared and implemented in its entirety, to the specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission.

9. Prior to the initial occupation of the development, all parking bays, manoeuvring

areas, driveways and points of ingress and egress shall be provided in accordance with the relevant Australian Standards, to the specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission.

10. The existing parking management plan for St John of God Murdoch hospital is to

be revised to ensure that visitor and staff parking is to the specification of Department of Transport in consultation with St John of God Murdoch hospital and to the satisfaction of the Western Australian Planning Commission.

Advice Notes 1. The modifications to the lower ground floor façade and the detailed plans are to

address: (a) improved elevation treatment at ground level; and (b) entry legibility, sense of arrival and quality of waiting space.

2. The landscaping and reticulation plan is to include (but not be limited to): (a) the location, number and type of proposed trees and shrubs including

planter size and planting density; (b) any lawns to be established; and (c) any existing vegetation and/or landscaped areas to be retained.

3. The City of Melville advises that the Waste Management Plan shall be prepared

in accordance with the City of Melville's Local Planning Policy LPP1.3 - Waste and Recyclables Collection for Multiple Dwellings, Mixed Use Developments and Non-Residential Developments.

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11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 25

4. The Construction Management Plan is to be submitted to the City of Melville a minimum of 30 days prior to the commencement of works and shall detail how the construction of the development will be managed including the following: (a) public safety and site security; (b) hours of operation; (c) noise and vibration controls; (d) air and dust management; (e) stormwater, groundwater and sediment control; (f) waste and material disposal; (g) a Traffic Management Plan/s prepared by an accredited personnel for the

various phases of the construction, including any proposed road closures; (h) the parking arrangements for contractors and sub-contractors; (i) on-site delivery times and access arrangements; (j) the storage of materials and equipment on site (no storage of materials on

road verges will be permitted); (k) any other matters likely to impact upon the surrounding properties or road

reserves; and (l) the location of proposed temporary structures, such as demountable offices,

portable toilets and skip bins for storage, administration and construction activities during construction. These structures are to be located so not to obstruct vehicle sight lines of the subject site, the adjacent road network or of adjoining properties.

AMENDING MOTION Moved by: Mr Patrick Dick Seconded by: Ms Lee O’Donohue That condition 3 be deleted and the remaining conditions be renumbered accordingly. REASON: The proposed condition 3 is unclear and uncertain and does not constitute a proper planning condition. The Amending Motion was put and CARRIED (4/1). For: Cr Nicole Robins Megan Adair Mr Patrick Dick Lee O’Donohue Against: Cr Tim Barling

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 26

REPORT RECOMMENDATION (AS AMENDED) That the Metro Central JDAP resolves to: 1. Approve DAP Application reference DAP/19/01654 and accompanying plans

dated 17 September 2019 in accordance with Clause 30(1) of the Metropolitan Region Scheme subject to the following conditions:

Conditions 1. 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.

2. The eastern façade being modified to extend the brick and glazed treatment the full extent of the lower ground floor to the ambulance bay, to the specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission.

3. All stormwater generated by the development is to be retained on the lot to the

specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission.

4. Prior to commencement of development, a detailed landscaping and reticulation plan shall be prepared, and fully implemented within the first available planting season after the initial occupation of the development and maintained thereafter, with any species that fail to establish within the first two planting seasons replaced, to the specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission.

5. Prior to the initial occupation of the development, a Waste Management Plan shall be prepared and implemented in its entirety to the specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission.

6. Prior to commencement of development, a Construction Management Plan shall be prepared to the specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission. Once approved, the Construction Management Plan is to be implemented in its entirety.

7. Prior to the commencement of development, a signage strategy shall be prepared and implemented in its entirety, to the specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission.

8. Prior to the initial occupation of the development, all parking bays, manoeuvring

areas, driveways and points of ingress and egress shall be provided in accordance with the relevant Australian Standards, to the specification of the City of Melville and to the satisfaction of the Western Australian Planning Commission.

9. The existing parking management plan for St John of God Murdoch hospital is to

be revised to ensure that visitor and staff parking is to the specification of Department of Transport in consultation with St John of God Murdoch hospital and to the satisfaction of the Western Australian Planning Commission.

Meeting No.368

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Ms Megan Adair Presiding Member, Metro Central JDAP Page 27

Advice Notes 1. The modifications to the lower ground floor façade and the detailed plans are to

address: (a) improved elevation treatment at ground level; and (b) entry legibility, sense of arrival and quality of waiting space.

2. The landscaping and reticulation plan is to include (but not be limited to): (a) the location, number and type of proposed trees and shrubs including

planter size and planting density; (b) any lawns to be established; and (c) any existing vegetation and/or landscaped areas to be retained.

3. The City of Melville advises that the Waste Management Plan shall be prepared

in accordance with the City of Melville's Local Planning Policy LPP1.3 - Waste and Recyclables Collection for Multiple Dwellings, Mixed Use Developments and Non-Residential Developments.

4. The Construction Management Plan is to be submitted to the City of Melville a

minimum of 30 days prior to the commencement of works and shall detail how the construction of the development will be managed including the following: (a) public safety and site security; (b) hours of operation; (c) noise and vibration controls; (d) air and dust management; (e) stormwater, groundwater and sediment control; (f) waste and material disposal; (g) a Traffic Management Plan/s prepared by an accredited personnel for the

various phases of the construction, including any proposed road closures; (h) the parking arrangements for contractors and sub-contractors; (i) on-site delivery times and access arrangements; (j) the storage of materials and equipment on site (no storage of materials on

road verges will be permitted); (k) any other matters likely to impact upon the surrounding properties or road

reserves; and (l) the location of proposed temporary structures, such as demountable offices,

portable toilets and skip bins for storage, administration and construction activities during construction. These structures are to be located so not to obstruct vehicle sight lines of the subject site, the adjacent road network or of adjoining properties.

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 28

The Report Recommendation (as amended) was put and CARRIED (4/1) For: Cr Nicole Robins Megan Adair Mr Patrick Dick Lee O’Donohue Against: Cr Tim Barling REASON: The Panel discussed the merits of the proposal and in particular the form and design from an arrival perspective. Though there were concern raised in relation to the ground floor appearance, the lack of good way finding and the need for the entrance to be better defined, the Panel believed that the inclusion of the condition 2 provided the opportunity for these matters to be addressed by the applicant through the specification of the City of Melville. 9. Form 2 – Responsible Authority Reports – Amending or cancelling DAP

development approval

Nil

10. Appeals to the State Administrative Tribunal

The Presiding Member noted the following State Administrative Tribunal Applications

Current Applications LG Name Property Location Application Description City of Melville Nos. 10, 12 & 14 (Lots 311,

800 & 801) Forbes Road and Nos. 40A, 40B & 40C (Lots 802, 803 & 804) Kishorn Road, Applecross

20 Storey Mixed-Use Development comprising 97 Multiple Dwellings, 15 Short Stay Accommodation Units and 5 Non-Residential tenancies (Office, Restaurant, Shop and 2 Co-Working Spaces)

City of South Perth

Lots 2-20 (72-74) Mill Point Road, South Perth

36 Level (118.2m) Mixed Use Development

City of South Perth

Lots 29-31 (50-52) Melville Parade, South Perth

31 Level (103.1m) Mixed Use Development

City of South Perth

Lot 220 (464) Canning Highway, Como

3-Storey Office Building redevelopment plus Basement Parking with 2 Large Format Digital Signs (Advertisement)

City of South Perth

Lots 81 and 82 (No.31) Labouchere Road and Lot 12 (No.24) Lyall Street, South Perth

Mixed use development comprising commercial and residential land uses (41 Storey) (next to Perth Zoo)

City of South Perth

Lot 4 (No. 3) Lyall Street and Lot 11 (No. 56) Melville Parade, South Perth

43-Storey Mixed Development

Meeting No.368

11 October 2019

Ms Megan Adair Presiding Member, Metro Central JDAP Page 29

Finalised SAT Applications

LG Name Property Location Application Description City of South Perth

Lots 207 & 206 (117 & 119) Lockhart Street, Como

Proposed Mixed Development within a 10 Storey (plus Basement and Roof Terrace) Building

11. Meeting Close

The Presiding Member announced that in accordance with Section 7.3 of DAP Standing Order 2017 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment.

There being no further business, the Presiding Member declared the meeting closed at 11.15am.