metro west joint development assessment panel minutes · 7.2 mr adriano piviali (motus...

Meeting No. 212 3 December 2018

Mr Jarrod Ross A/Presiding Member, Metro West JDAP

Metro West Joint Development Assessment Panel

Minutes Meeting Date and Time: 3 December 2018, 9:00am Meeting Number: MWJDAP/212 Meeting Venue: City of Vincent 244 Vincent Street Leederville Attendance

DAP Members Mr Jarrod Ross (A/Presiding Member) Mr Christopher Antill (A/Deputy Presiding Member) Mr Jason Hick (Specialist Member) Cr Joshua Topelberg (Local Government Member, City of Vincent) Cr Susan Gontaszewski (Local Government Member, City of Vincent) Officers in attendance Mr Mitchell Hoad (City of Vincent) Ms Karsen Reynolds (City of Vincent) Ms Joslin Colli (City of Vincent) Mr Jay Naidoo (City of Vincent) Minute Secretary Ms Kylie Tichelaar (City of Vincent) Applicants and Submitters Item 8.1 Mr Alan Stewart (Stewart Urban Planning) Mr Adriano Piviali (Motus Architecture) Mr Steve Postmus (CAPA Landscape Design Studio) Ms Kate Whitton (Motus Architecture) Ms Ella Lin (Motus Architecture) Item 9.1 Mr Alex McGlue (Lavan) Mr Trent Will (Planning Solutions) Mr Laurie Fitzgerald (BPS Holdings No. 23 Pty Ltd) Mr Oliver Basson (Planning Solutions) Item 10.1 Mr Michael Iwanoff Mrs Bettina Iwanoff Mr Mark D'Alessandro (JCM) Mr Sam Klopper (Klopper and Davis Architects)



Mr Scott Vincent (Planning Solutions) Ms Belinda Moharich (Moharich and More) Mr Zac Evangelisti (Klopper and Davis Architects) Mr Carl Cardaci (Cardaci Family) Members of the Public / Media There were 16 members of the public in attendance. 1. Declaration of Opening

The A/Presiding Member declared the meeting open at 9:01am on 3 December 2018 and acknowledged the past and present traditional owners and custodians of the land on which the meeting was being held. The A/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 A/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 A/Presiding Member granted permission for the minute taker to record proceedings for the purpose of the minutes only.

2. Apologies

Cr Dan Loden (Local Government Member, City of Vincent)

3. Members on Leave of Absence Nil

4. Noting of Minutes

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

5. Declaration of Due Consideration

All members declared that they had duly considered the documents.

6. Disclosure of Interests

DAP Member, Cr Joshua Topelberg, declared an impartiality interest in item 9.1. Cr Topelberg is a personal acquaintance of one of the owners who has a personal interest in this property and provided them with advice on publicly available information. In accordance with section 4.6.1 and 4.6.2 of the DAP Standing Orders 2017, the A/Presiding Member determined that the member listed above, who had

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



disclosed an impartiality interest, was permitted to participate in discussion and voting on the item.

In accordance with section 2.4.10 of the DAP Code of Conduct 2017, DAP Member, Mr Jarrod Ross, declared that he participated in a State Administrative Tribunal process in relation to the application at item 10.1. However, under section 2.1.3 of the DAP Code of Conduct 2017, Mr Ross acknowledged that he is not bound by any confidential discussions that occurred as part of the mediation process and undertakes to exercise independent judgment in relation to any DAP applications before him, which will be considered on its planning merits.

7. Deputations and Presentations

7.1 Mr Alan Stewart (Stewart Urban Planning) addressed the DAP in support of

the application at Item 8.1 and responded to questions from the panel. 7.2 Mr Adriano Piviali (Motus Architecture) addressed the DAP in support of the

application at Item 8.1 and responded to questions from the panel. 7.3 Mr Steve Postmus (CAPA Landscape Design Studio) addressed the DAP in

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

7.4 Mr Jay Naidoo (City of Vincent) addressed the DAP in relation to the

application at Item 8.1 and responded to questions from the panel. The presentations at Item 7.1 – 7.4 were heard prior to the application

at Item 8.1. 7.5 Mr Alex McGlue (Lavan) addressed the DAP in support of the application at

Item 9.1. 7.6 Mr Trent Will (Planning Solutions) and Mr Laurie Fitzgerald (BPS Holdings

No. 23 Pty Ltd) addressed the DAP in support of the application at Item 9.1 and responded to questions from the panel.

7.7 Mr Jay Naidoo (City of Vincent) addressed the DAP in relation to the

application at Item 9.1 and responded to questions from the panel. The presentations at Items 7.5 – 7.7 were heard prior to the application

at Item 9.1. 7.8 Mr Michael and Mrs Bettina Iwanoff addressed the DAP against the

application at Item 10.1. 7.9 Mr Mark D'Alessandro (JCM) addressed the DAP in support of the

application at Item 10.1 and responded to questions from the panel. 7.10 Mr Sam Klopper (Klopper and Davis Architects) addressed the DAP in

support of the application at Item 10.1 and responded to questions from the panel.



7.11 Mr Scott Vincent (Planning Solutions) addressed the DAP in support of the application at Item 10.1 and responded to questions from the panel.

7.12 Ms Belinda Moharich (Moharich and More) addressed the DAP in support of

the application at Item 10.1 and responded to questions from the panel 7.13 Mr Jay Naidoo (City of Vincent) addressed the DAP in relation to the

application at Item 10.1 and responded to questions from the panel. The presentations at Items 7.8 – 7.13 were heard prior to the

application at Item 10.1.

8. Form 1 – Responsible Authority Reports – DAP Application

8.1 Property Location: No. 139 – 141 (Lots 3 – 4) Lake Street, Perth Development Description: Mixed Use Development comprising of 22

Multiple Dwellings, Three Serviced Apartments, and One Office and Restaurant/Cafe

Applicant: Motus Architecture Owner: Architectura II Pty Ltd Responsible Authority: City of Vincent DAP File No: DAP/18/01459

REPORT RECOMMENDATION Moved by: Cr Joshua Topelberg Seconded by: Mr Christopher Antill That the Metro West JDAP resolves to: 1. Accept that the DAP Application reference DAP/18/01459 is appropriate for

consideration as a Mixed Use Development comprising of 22 Multiple Dwellings, Three Serviced Apartments, and One Office and Restaurant/Café, and is compatible with the objectives of the Mixed Use zone within the zoning table in Clause 16 of the City of Vincent Local Planning Scheme No. 2; and

2. Approve DAP Application reference DAP/18/01459 and accompanying plans

A1-02 dated 26 October 2018, A2-01 – A2-08 dated 26 October 2018, A3-01 and A3-02 dated 26 October 2018, in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Vincent Local Planning Scheme No. 2, subject to the following conditions:

Conditions:

1. This decision constitutes development 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. Amalgamation

Prior to the occupation of the development, the subject land shall be amalgamated into one lot on the Certificate of Title.



3. Use of Premises The use of the tenancies on the ground floor indicated as ‘Office’, ‘Restaurant/Cafe‘, and ‘Serviced Apartments’ on the approved plans, shall only be used in accordance with their respective definitions in the City of Vincent’s Local Planning Scheme No. 2 as follows: Office means premises used for administration, clerical, technical, professional or similar business activities; Restaurant/Café means premises primarily used for the preparation, sale and serving of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licenced under the Liquor Control Act 1988; and Serviced Apartment means a group of units or apartments providing – a) Self-contained short stay accommodation for guests; and b) Any associated reception or recreational facilities.

4. Patrons and Operating Hours

4.1 The hours of operation of the Office shall be limited to Monday to Friday

9am to 5pm.

4.2 The hours of operation of the Restaurant/Café shall be limited to Wednesday to Sunday 7am to 3pm.

4.3 A maximum of 30 patrons are permitted within the Restaurant/Café at

any one time.

5. Management Plan

5.1 Prior to occupancy of the Serviced Apartments, the attached Short-Stay Accommodation Management Plan dated 12 November 2018 shall be amended to include the following, to the satisfaction of the City:

A code of conduct to outline the expected behaviour of guests, control of anti-social behaviour and noise.

5.2 In accordance with the City’s Policy No. 7.4.5 – Temporary

Accommodation: a) The amended Management Plan as per Condition 5.1 prepared by the

applicant pursuant to Clause 2.1.3 of the Policy forms part of this approval;

b) The approved Management Plan shall be reviewed:

Every 12 months from the date of approval;

Within 30 days of a change of the operator of the Serviced Apartments; and/or

Within 30 days of the operator of the Serviced Apartments changing the operations in respect of check-in and check-out.



5.3 Any changes identified during a review as set out in Condition 5.2 are to

be incorporated into an updated Management Plan, and approved by the City.

5.4 The Serviced Apartments shall be operated in accordance with the Management Plan (as amended) to the satisfaction of the City.

6. Boundary Walls

The owners of the subject land shall finish and maintain the surface of the boundary (parapet) walls in a good and clean condition prior to occupation or use of the development. The finish of the walls are to be fully rendered or face brickwork to the satisfaction of the City.

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

8. Car Parking, Access and Bicycle Facilities 8.1 A minimum of six (6) parking bays for the Office and Restaurant/Cafe,

and 25 parking bays for the Multiple Dwellings shall be provided on-site.

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

8.3 The car parking and access areas shall be sealed, drained, paved and

line marked in accordance with the approved plans and are to comply with the requirements of AS2890.1 prior to the occupation or use of the development.

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

associated with the development.

8.5 Engineering drawings and specifications shall be submitted to and approved by the City’s, and works undertaken in accordance with the approved drawings and specifications for the construction of the on-street car parking bay within the Lake Street verge adjacent to the subject site. All costs associated with these works shall be at the owners cost, and shall be completed prior to the occupation of the development, to the satisfaction of the City.

8.6 Roller shutters and/or other screening devices to the basement parking

area are to be visually permeable, to the satisfaction of the City.

8.7 Bicycle racks shall be design in accordance with AS2890.3 and installed in the following locations to the satisfaction of the City:

One (1) bicycle rack shall be provided for each Multiple Dwelling within each storeroom;



Four (4) bicycle racks shall be provided in the basement, as identified on the approved plan; and

Six (6) bicycle racks shall be provided in the entry foyer, as identified on the approved plan.

9. Parking Management Plan

9.1 Prior to the occupation of the development a Parking Management Plan

shall be submitted to and approved by the City. The Parking Management Plan is to include, but not limited to, addressing the following:

Detailed management measures for the operation of the vehicular entry gate, to ensure access is readily available for owners/visitors/tenants to the residential and commercial units at all times; and

Reciprocal car parking details for the six (6) car bays for use by the Office and Restaurant/Café, and visitors to the residential units for the two (2) car parking bays not located within the car stacker.

The Parking Management Plan as identified in Condition 9.1 above shall be implemented, and the development shall be carried out in accordance with the approved Parking Management Plan and approved plans, to the satisfaction of the City at the expense of the owners/occupiers.

10. Stormwater

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

11. Verge Infrastructure No verge tree shall be removed without the prior written approval of the City. The verge tree shall be retained and protected from damage including unauthorised pruning to the satisfaction of the City.

12. Building Design 12.1 Windows and doors of the ground floor tenancies fronting Lake Street

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

12.2 Ground floor glazing and/or tinting shall be a minimum of 70 percent visually permeable to provide unobscured visibility. Darkened, obscured, mirrored or tinted glass or other similar materials as considered by the City is prohibited.

13. Acoustic Report and Noise Management

An Acoustic Report to the satisfaction of the City, which accords with the City’s Policy No. 7.5.21 – Sound Attenuation, shall be lodged with and approved by the City prior to the commencement of the development. All of the recommended measures included in the approved Acoustic Report shall be implemented prior



to the occupation or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers.

14. Landscape and Reticulation Plan 14.1 A detailed landscape and reticulation plan for the development site and

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

The location and type of existing and proposed trees and plants;

Areas to be irrigated or reticulated;

The provision of a minimum of 15 percent deep soil area as defined by the City’s Policy No. 7.1.1 – Built Form; and

The appropriate selection of tree species (consistent with the City’s Tree Selection Tool) to be located within the deep soil areas to maximise the provision of canopy coverage.

14.2 All works shown in the plans as identified in Condition 14.1 above shall

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

14.3 The landscaping works within the adjacent road verges and Stuart Street Reserve are excluded from this approval. A further development approval is required to be obtained for any works proposed on land owned or managed by the City.

15. Schedule of External Finishes

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

16. Clothes Drying Facilities

Each multiple dwelling shall be provided with a clothes drying area that shall be adequately screened in accordance with the Residential Design Codes prior to occupancy or use of the development and shall be completed to the satisfaction of the City.

17. Construction Management Plan

A Construction Management Plan that details how the construction of the development will be managed to minimise the impact on the surrounding area shall be lodged with and approved by the City prior to the commencement of the development. The Construction Management Plan is required to address the following concerns that relate to any works to take place on the site:

Public safety, amenity and site security;

Contact details of essential site personnel;

Construction operating hours;



Noise control and vibration management;

Dilapidation Reports of nearby properties;

Air, sand and dust management;

Stormwater and sediment control;

Soil excavation method;

Waste management and materials re-use;

Traffic and access management;

Parking arrangements for contractors and subcontractors;

Consultation plan with nearby properties; and

Compliance with AS4970-2009 relating to the protection of trees on the development site.

18. Public Art

18.1 Percent for public art contribution of $68,500 being one percent of the

total $6.85 million value of the development shall be allocated towards public art prior to the commencement of the development;

18.2 Confirmation in writing outlining how the proposed development will comply with the City of Vincent Policy No. 7.5.13 – Percent for Art shall be submitted prior to commencement of development; and

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

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

19. Waste Management 19.1 A Waste Management Plan prepared to the satisfaction of the City shall

be submitted and approved by the City. 19.2 Waste management for the development shall thereafter comply with the

approved Waste Management Plan.

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

Advice Notes:

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

Local Planning Scheme No. 2 and the Western Australian Planning Commission’s Metropolitan Region Scheme only. It is the responsibility of the applicant/owner to obtain any other necessary approvals and to commence and carry out development in accordance with any other laws.

2. All new crossovers to lots are subject to a separate application to be approved by the City. All new crossovers shall be constructed in accordance with the City’s standard crossover specifications.

3. The movement of all path users, with or without disabilities, within the road reserve, shall not be impeded in any way during the course of the building works.



This area shall be maintained in a safe and trafficable condition and a continuous path of travel (minimum width 1.5 metres) shall be maintained for all users at all times during construction works. Permits are required for placement of any materials within the road reserve.

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

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

5. All pedestrian access and vehicle driveway/crossover levels shall match into existing verge, footpath and right of way levels to the satisfaction of the City.

6. With respect to stormwater, no further consideration shall be given to the disposal of stormwater ‘off-site’ without the submission of a geotechnical report from a qualified consultant. Should the approval to dispose of stormwater ‘off-site’ be subsequently provided, detailed design drainage plans and associated calculations for the proposed stormwater disposal shall be lodged together with the building permit application working drawings.

7. The City accepts no liability for the relocation of any public utility and/or any other services that may be required as a consequence of this development. The applicant/owner shall ensure that the location of all services is identified prior to submitting an application of building permit. The cost of relocated any services shall be borne by the applicant/owner.

8. With respect to vehicle parking permits, the applicant and owner are advised that sufficient parking can be provided on the subject site and as such the City of Vincent will not issue a residential or visitor car parking permit to any owner or occupier of the residential dwellings. This information should be provided to all prospective purchasers and it is recommended that a notice be placed on Sales Contracts to advise purchasers of this restriction.

9. If the development the subject of this approval is not substantially commenced within a period of 2 years, or another period specified in the approval after the date of determination, the approval will lapse and be of no further effect.

10. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first be sought and obtained.

11. If an applicant or owner is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005, Part 14. An application must be made within 28 days of the determination.



AMENDING MOTION Moved by: Mr Jarrod Ross Seconded by: Cr Joshua Topelberg That Condition 1 be amended to read as follows:

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

REASON: The approval valid for two years is deemed insufficient. The Amending Motion was put and CARRIED UNANIMOUSLY. REPORT RECOMMENDATION (AS AMENDED) That the Metro West JDAP resolves to: 1. Accept that the DAP Application reference DAP/18/01459 is appropriate for

consideration as a Mixed Use Development comprising of 22 Multiple Dwellings, Three Serviced Apartments, and One Office and Restaurant/Café, and is compatible with the objectives of the Mixed Use zone within the zoning table in Clause 16 of the City of Vincent Local Planning Scheme No. 2; and

2. Approve DAP Application reference DAP/18/01459 and accompanying plans

A1-02 dated 26 October 2018, A2-01 – A2-08 dated 26 October 2018, A3-01 and A3-02 dated 26 October 2018, in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Vincent Local Planning Scheme No. 2, subject to the following conditions:

Conditions:

1. This decision constitutes development 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. Amalgamation

Prior to the occupation of the development, the subject land shall be amalgamated into one lot on the Certificate of Title.

3. Use of Premises

The use of the tenancies on the ground floor indicated as ‘Office’, ‘Restaurant/Cafe‘, and ‘Serviced Apartments’ on the approved plans, shall only be used in accordance with their respective definitions in the City of Vincent’s Local Planning Scheme No. 2 as follows: Office means premises used for administration, clerical, technical, professional or similar business activities;



Restaurant/Café means premises primarily used for the preparation, sale and serving of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licenced under the Liquor Control Act 1988; and Serviced Apartment means a group of units or apartments providing – a) Self-contained short stay accommodation for guests; and b) Any associated reception or recreational facilities.

4. Patrons and Operating Hours

4.1 The hours of operation of the Office shall be limited to Monday to Friday

9am to 5pm.

4.2 The hours of operation of the Restaurant/Café shall be limited to Wednesday to Sunday 7am to 3pm.

4.3 A maximum of 30 patrons are permitted within the Restaurant/Café at

any one time.

5. Management Plan

5.1 Prior to occupancy of the Serviced Apartments, the attached Short-Stay Accommodation Management Plan dated 12 November 2018 shall be amended to include the following, to the satisfaction of the City:

A code of conduct to outline the expected behaviour of guests, control of anti-social behaviour and noise.

5.2 In accordance with the City’s Policy No. 7.4.5 – Temporary

Accommodation: a) The amended Management Plan as per Condition 5.1 prepared by the

applicant pursuant to Clause 2.1.3 of the Policy forms part of this approval;

b) The approved Management Plan shall be reviewed:

Every 12 months from the date of approval;

Within 30 days of a change of the operator of the Serviced Apartments; and/or

Within 30 days of the operator of the Serviced Apartments changing the operations in respect of check-in and check-out.

5.3 Any changes identified during a review as set out in Condition 5.2 are to

be incorporated into an updated Management Plan, and approved by the City.

5.4 The Serviced Apartments shall be operated in accordance with the Management Plan (as amended) to the satisfaction of the City.



6. Boundary Walls The owners of the subject land shall finish and maintain the surface of the boundary (parapet) walls in a good and clean condition prior to occupation or use of the development. The finish of the walls are to be fully rendered or face brickwork to the satisfaction of the City.


8. Car Parking, Access and Bicycle Facilities 8.1 A minimum of six (6) parking bays for the Office and Restaurant/Cafe,

and 25 parking bays for the Multiple Dwellings shall be provided on-site.

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

8.3 The car parking and access areas shall be sealed, drained, paved and


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

associated with the development.

8.5 Engineering drawings and specifications shall be submitted to and approved by the City’s, and works undertaken in accordance with the approved drawings and specifications for the construction of the on-street car parking bay within the Lake Street verge adjacent to the subject site. All costs associated with these works shall be at the owners cost, and shall be completed prior to the occupation of the development, to the satisfaction of the City.

8.6 Roller shutters and/or other screening devices to the basement parking

area are to be visually permeable, to the satisfaction of the City.

8.7 Bicycle racks shall be design in accordance with AS2890.3 and installed in the following locations to the satisfaction of the City:

One (1) bicycle rack shall be provided for each Multiple Dwelling within each storeroom;

Four (4) bicycle racks shall be provided in the basement, as identified on the approved plan; and

Six (6) bicycle racks shall be provided in the entry foyer, as identified on the approved plan.



9. Parking Management Plan 9.1 Prior to the occupation of the development a Parking Management Plan

shall be submitted to and approved by the City. The Parking Management Plan is to include, but not limited to, addressing the following:


Reciprocal car parking details for the six (6) car bays for use by the Office and Restaurant/Café, and visitors to the residential units for the two (2) car parking bays not located within the car stacker.

The Parking Management Plan as identified in Condition 9.1 above shall be implemented, and the development shall be carried out in accordance with the approved Parking Management Plan and approved plans, to the satisfaction of the City at the expense of the owners/occupiers.

10. Stormwater


11. Verge Infrastructure No verge tree shall be removed without the prior written approval of the City. The verge tree shall be retained and protected from damage including unauthorised pruning to the satisfaction of the City.

12. Building Design 12.1 Windows and doors of the ground floor tenancies fronting Lake Street

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

12.2 Ground floor glazing and/or tinting shall be a minimum of 70 percent visually permeable to provide unobscured visibility. Darkened, obscured, mirrored or tinted glass or other similar materials as considered by the City is prohibited.


An Acoustic Report to the satisfaction of the City, which accords with the City’s Policy No. 7.5.21 – Sound Attenuation, shall be lodged with and approved by the City prior to the commencement of the development. All of the recommended measures included in the approved Acoustic Report shall be implemented prior to the occupation or use of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers.



14. Landscape and Reticulation Plan 14.1 A detailed landscape and reticulation plan for the development site and

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


Areas to be irrigated or reticulated; and

The provision of a minimum of 15 percent deep soil area as defined by the City’s Policy No. 7.1.1 – Built Form.

The appropriate selection of tree species (consistent with the City’s Tree Selection Tool) to be located within the deep soil areas to maximise the provision of canopy coverage,

14.2 All works shown in the plans as identified in Condition 14.1 above shall


14.3 The landscaping works within the adjacent road verges and Stuart Street Reserve are excluded from this approval. A further development approval is required to be obtained for any works proposed on land owned or managed by the City.


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


Each multiple dwelling shall be provided with a clothes drying area that shall be adequately screened in accordance with the Residential Design Codes prior to occupancy or use of the development and shall be completed to the satisfaction of the City.


A Construction Management Plan that details how the construction of the development will be managed to minimise the impact on the surrounding area shall be lodged with and approved by the City prior to the commencement of the development. The Construction Management Plan is required to address the following concerns that relate to any works to take place on the site:














Consultation plan with nearby properties; and

Compliance with AS4970-2009 relating to the protection of trees on the development site.

18. Public Art

18.1 Percent for public art contribution of $68,500 being one percent of the

total $6.85 million value of the development shall be allocated towards public art prior to the commencement of the development;

18.2 Confirmation in writing outlining how the proposed development will comply with the City of Vincent Policy No. 7.5.13 – Percent for Art shall be submitted prior to commencement of development; and

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

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

19. Waste Management 19.1 A Waste Management Plan prepared to the satisfaction of the City shall

be submitted and approved by the City. 19.2 Waste management for the development shall thereafter comply with the

approved Waste Management Plan.

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

Advice Notes:

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

Local Planning Scheme No. 2 and the Western Australian Planning Commission’s Metropolitan Region Scheme only. It is the responsibility of the applicant/owner to obtain any other necessary approvals and to commence and carry out development in accordance with any other laws.

2. All new crossovers to lots are subject to a separate application to be approved by the City. All new crossovers shall be constructed in accordance with the City’s standard crossover specifications.

3. The movement of all path users, with or without disabilities, within the road reserve, shall not be impeded in any way during the course of the building works. This area shall be maintained in a safe and trafficable condition and a continuous path of travel (minimum width 1.5 metres) shall be maintained for all users at all times during construction works. Permits are required for placement of any materials within the road reserve.




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

5. All pedestrian access and vehicle driveway/crossover levels shall match into existing verge, footpath and right of way levels to the satisfaction of the City.

6. With respect to stormwater, no further consideration shall be given to the disposal of stormwater ‘off-site’ without the submission of a geotechnical report from a qualified consultant. Should the approval to dispose of stormwater ‘off-site’ be subsequently provided, detailed design drainage plans and associated calculations for the proposed stormwater disposal shall be lodged together with the building permit application working drawings.

7. The City accepts no liability for the relocation of any public utility and/or any other services that may be required as a consequence of this development. The applicant/owner shall ensure that the location of all services is identified prior to submitting an application of building permit. The cost of relocated any services shall be borne by the applicant/owner.

8. With respect to vehicle parking permits, the applicant and owner are advised that sufficient parking can be provided on the subject site and as such the City of Vincent will not issue a residential or visitor car parking permit to any owner or occupier of the residential dwellings. This information should be provided to all prospective purchasers and it is recommended that a notice be placed on Sales Contracts to advise purchasers of this restriction.

9. If the development the subject of this approval is not substantially commenced within a period of 2 years, or another period specified in the approval after the date of determination, the approval will lapse and be of no further effect.

10. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first be sought and obtained.

11. If an applicant or owner is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005, Part 14. An application must be made within 28 days of the determination.

REASON: In accordance with details contained in the Responsible Authority Report and Amending Motion. The Report Recommendation (as amended) was put and CARRIED UNANIMOUSLY.



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

9.1 Property Location: No. 338 (Lot 710) Bulwer Street, West Perth Development Description: Construction of a Six Storey Mixed Use

Development Comprising of Two Shops, One Office, Restaurant / Cafe, Thirty-Seven Multiple Dwellings and Associated Car Parking

Proposed Amendments: Extension of time in which the development must be substantially commenced

Applicant: Planning Solutions Owner: BPS Holdings No 23 Pty Ltd Responsible Authority: City of Vincent DAP File No: DAP/15/00853

REPORT RECOMMENDATION Moved by: Cr Susan Gontaszewski Seconded by: Cr Joshua Topelberg That the Metro West Joint Development Assessment Panel (JDAP) resolves to: 1. Accept that the DAP Application reference DAP/15/00853 as detailed on the

DAP Form 2 dated 8 October 2018 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DAP/15/00853 as detailed on the

DAP Form 2 dated 8 October 2018 and accompanying plans A1.00 – A1.16 contained in Attachment 2 in accordance with Clause 77 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Vincent Local Planning Scheme No. 2, for the proposed extension of time to substantially commence development of the Proposed Construction of a Six Storey Mixed Use Development Compromising of Two Shops, One Office, Restaurant / Cafe, Thirty-Seven Multiple Dwellings and Associated Car Parking at No. 338 (Lot 710) Bulwer Street, West Perth, subject to the following conditions:

Amended Conditions

1. Amending Condition 2.1 as follows: A minimum of 37 resident and nine residential visitor bays shall be provided

onsite. 2. Amending Condition 8.2 as follows: A detailed landscape and reticulation plan for the development site and

adjoining road verge, to the satisfaction of the City, shall be lodged with and approved by the City within 60 days of the date of this approval. The plan shall be drawn to a scale of 1:100 and show the following:





A minimum of 12.9 percent planting area with a minimum depth of 0.9 metres;

The appropriate selection of tree species (consistent with the City’s Tree Selection Tool) to be located within the deep soil areas to maximise the provision of canopy coverage;

The open air parking area shall be landscaped at an area of one tree per four car bays.

3. Amending Condition 9.7 as follows: All works shown in the plans as identified in Condition 8.2 above shall be

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

New Conditions 4. Prior to the occupation of the development a Parking Management Plan shall

be submitted to and approved by the City. The Parking Management Plan is to include, but not limited to, addressing the following:


Reciprocal car parking details for the nine (9) car bays for use by the Office and Restaurant/Café, and visitors to the residential units for the nine (9) car parking bays not located within the car stacker.

5. The Parking Management Plan as identified in Condition 4 above shall be

implemented, and the development shall be carried out in accordance with the approved Parking Management Plan and approved plans, to the satisfaction of the City at the expense of the owners/occupiers.

6. All other conditions and requirements detailed on the previous approval dated

5 October 2015 shall remain. AMENDING MOTION 1 Moved by: Cr Joshua Topelberg Seconded by: Cr Susan Gontaszewski That Amended Condition 2.1 be deleted and remaining Amended and New Conditions be renumbered accordingly. REASON: The applicant advised that units have been sold based on previously

approved parking and contracts cannot be altered, therefore this condition was considered unreasonable.

The Amending Motion was put and CARRIED UNANIMOUSLY.



AMENDING MOTION 2 Moved by: Mr Jason Hick Seconded by: Mr Christopher Antill That a new Condition be added at point 6 (now point 5) to read as follows and remaining Conditions be renumbered accordingly:

This decision constitutes development approval only and is valid for a period of 5 years from the date of the original approval 5 October 2015. If the subject development is not substantially commenced within the five year period, the approval shall lapse and be of no further effect.

REASON: The approval validity is deemed insufficient. The Amending Motion was put and CARRIED UNANIMOUSLY. AMENDING MOTION 3 Moved by: Mr Jarrod Ross Seconded by: Cr Joshua Topelberg That Amended Condition 8.2 be amended to read as follows:

A detailed landscape and reticulation plan for the development site and adjoining road verge, to the satisfaction of the City, shall be lodged with and approved by the City within 60 days of the date of this approval. The plan shall be drawn to a scale of 1:100 and show the following:





The open air parking area shall be landscaped at an area of one tree per four car bays.

REASON: The site does not have any open air parking. The Amending Motion was put and CARRIED UNANIMOUSLY. REPORT RECOMMENDATION (AS AMENDED) That the Metro West Joint Development Assessment Panel (JDAP) resolves to: 1. Accept that the DAP Application reference DAP/15/00853 as detailed on the

DAP Form 2 dated 8 October 2018 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;

2. Approve the DAP Application reference DAP/15/00853 as detailed on the

DAP Form 2 dated 8 October 2018 and accompanying plans A1.00 – A1.16



contained in Attachment 2 in accordance with Clause 77 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Vincent Local Planning Scheme No. 2, for the proposed extension of time to substantially commence development of the Proposed Construction of a Six Storey Mixed Use Development Compromising of Two Shops, One Office, Restaurant / Cafe, Thirty-Seven Multiple Dwellings and Associated Car Parking at No. 338 (Lot 710) Bulwer Street, West Perth, subject to the following conditions:

Amended Conditions

1. Amending Condition 8.2 as follows: A detailed landscape and reticulation plan for the development site and

adjoining road verge, to the satisfaction of the City, shall be lodged with and approved by the City within 60 days of the date of this approval. The plan shall be drawn to a scale of 1:100 and show the following:





2. Amending Condition 9.7 as follows: All works shown in the plans as identified in Condition 8.2 above shall be

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

New Conditions 3. Prior to the occupation of the development a Parking Management Plan shall

be submitted to and approved by the City. The Parking Management Plan is to include, but not limited to, addressing the following:


Reciprocal car parking details for the nine (9) car bays for use by the Office and Restaurant/Café, and visitors to the residential units for the nine (9) car parking bays not located within the car stacker.

4. The Parking Management Plan as identified in Condition 4 above shall be

implemented, and the development shall be carried out in accordance with the approved Parking Management Plan and approved plans, to the satisfaction of the City at the expense of the owners/occupiers.

5. This decision constitutes development approval only and is valid for a period

of 5 years from the date of the original approval 5 October 2015. If the subject



development is not substantially commenced within the five year period, the approval shall lapse and be of no further effect.

6. All other conditions and requirements detailed on the previous approval dated

5 October 2015 shall remain. REASON: In accordance with details contained in the Responsible Authority Report and Amending Motions. The Report Recommendation (as amended) was put and CARRIED UNANIMOUSLY. 10. Appeals to the State Administrative Tribunal

10.1 Property Location: No. 6 (Lot 181) Burt Street and No. 51F (Lot 417)

Monmouth Street, Mount Lawley Development Description: Mixed Use Development Comprising Four

Multiple Dwellings, Seven Serviced Apartments, One Caretaker’s Residence/Reception Area and Change of Use from Shop to Restaurant/Cafe

Applicant: Mark D’Alessandro Owner: Angela and Francesco Cardaci Responsible Authority: City of Vincent DAP File No: DAP/18/01383

REPORT RECOMMENDATION Moved by: Cr Susan Gontaszewski Seconded by: Cr Joshua Topelberg That the Metro West Joint Development Assessment Panel, pursuant to Section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR 223/2018, resolves to: Reconsider its decision dated 30 August 2018 and refuse DAP Application reference DAP/18/01383 and accompanying plans included in Attachment 4 in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Vincent Local Planning Scheme No. 2, for the following reasons: Reasons

1. The application does not comply with Clause 26(6) of the City of Vincent Local

Planning Scheme No. 2 which restricts development to a maximum of two dwellings per lot on the basis that it involves the development of five dwellings on No. 6 Burt Street, Mount Lawley, consisting of four Multiple Dwellings and one Caretaker’s Dwelling.

2. The application is not consistent with the objectives of the Residential zone as set out in Clause 16(1) of the City of Vincent Local Planning Scheme No. 2, and is not consistent with the matters to be considered by local government of Clause 67(m) and (n) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. The intensity of the Serviced Apartment land use is considered to result in noise impacts beyond that which would be reasonably expected within an established low-residential area. Therefore the



development is considered incompatible with the surrounding residential context.

The Report Recommendation was put and LOST (1/4). For: Cr Susan Gontaszewski Against: Mr Jarrod Ross Mr Christopher Antill Mr Jason Hick Cr Joshua Topelberg ALTERNATE RECOMMENDATION Moved by: Mr Jason Hick Seconded by: Mr Christopher Antill That the Metro West Joint Development Assessment Panel, pursuant to Section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR 223/2018 resolves to: Reconsider its decision dated 30 August 2018 and approve DAP Application reference DAP/18/01383 and accompanying plans included in Attachment 4 in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Vincent Local Planning Scheme No. 2, 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. Use of Premises

2.1 Restaurant/Café:

2.1.1 The use of the tenancy marked as ‘Café’ on the plans dated 2 November 2018 shall only be used in accordance with the definition of Restaurant/Café as defined in the City of Vincent’s Local Planning Scheme No. 2 as follows:

Premises primarily used for the preparation, sale and serving of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licensed under the Liquor Control Act 1988.

2.1.2 The Café shall be limited to a maximum of 30 patrons at any

one time;

2.1.3 The hours of operation for the café shall be limited from 7:00am to 3:00pm Monday to Sunday; and



2.1.4 The hours of operation for the outdoor areas including the alfresco and the roof terrace shall be limited from 9:00am to 3:00pm Monday to Sunday.

2.2 Serviced Apartments

2.2.1 Ten (10) of the units shown on the plans dated 2 November

2018 shall only be used in accordance with the definition of Serviced Apartments as defined in the City of Vincent’s Local Planning Scheme No. 2 as follows:

A group of units or apartments providing – 1. Self-contained short stay accommodation for guests; and 2. Any associated reception or recreational facilities.

2.2.2 Confirmation of which of the units are to operate as a

Serviced Apartment shall be provided to the City prior to occupation of the development.

2.2.3 The Serviced Apartments shall accommodate a maximum of

four (4) guests at any one time;

2.2.4 The Serviced Apartments shall operate in accordance with the Management Plan dated 2 November 2018 (as amended) and the terms and conditions outlined in the Management Plan shall be provided to guests of the Serviced Apartments at the time of check-in and displayed in a prominent location within the entrance area of the Serviced Apartments; and

2.2.5 A minimum of one on-site car parking bay shall be made

available for each Serviced Apartment, to be used by guests at all times.

2.3 Multiple Dwellings

2.3.1 One (1) of the units shown on the plans dated 2 November

2018 shall only be used in accordance with the definition of Multiple Dwelling as defined in the Residential Design Codes as follows:

A dwelling in a group of more than one dwelling on a lot where any part of the plot ratio area of a dwelling is vertically above any part of the plat ratio area of any other but:

Does not include a grouped dwelling; and

Includes any dwellings above the ground floor in a mixed use development.

2.3.2 A minimum of one on-site car parking bay shall be made available for the Multiple Dwelling to be used by the occupants/owners, at all times.



2.4 Caretaker’s Dwelling 2.4.1 The use of the ‘caretakers residence and reception’ shown

on the plans dated 2 November 2018 shall only be used as in accordance with the definition of Caretaker’s Dwelling as defined in the City of Vincent’s Local Planning Scheme No. 2 as follows:

A dwelling on the same site as a building, operation or plant used for industry, and occupied by a supervisor of that building, operation or plant.

2.4.2 The occupant of the Caretaker’s Dwelling shall reside

permanently on the site. 2.4.3 A minimum of one on-site car parking bay shall be made

available for the Caretaker’s Dwelling to be used by the occupant, at all times.

3. Management Plan

3.1 Prior to the occupancy of the development, the attached Management

Plan dated 2 November 2018 shall be amended to include the following, to the satisfaction of the City:

The restriction of guest numbers for each apartment to four guests at any time; and

Reference to ten (10) Serviced Apartments in lieu of eight.

3.2 In accordance with the City’s Policy No. 7.4.5 – Temporary Accommodation: 3.2.1 The amended Management Plan as per Condition 3.1

prepared by the applicant pursuant to Clause 2.1.3 of the Policy forms part of this approval.

3.2.2 The amended Management Plan is to be reviewed:

(a) Every 12 months;

(b) Within 30 days of a change of the operator of the Serviced Apartments; and/or

(c) Within 30 days of the operator of the Services Apartments changing the operations in respect of check-in and check-out;

3.2.3 Any changes identified during a review as set out in Condition 3.2.2, are to be incorporated into an updated Management Plan, and approved by the City.

3.2.4 The Serviced Apartments must be operated in accordance with the Management Plan (as amended from time to time) to the satisfaction of the City.



3.2.5 The Code of Conduct outlined in the amended Management Plan required by Condition 3 shall be provided to occupants of the Serviced Apartments at the time of check-in and displayed in a prominent location within each Serviced Apartment.

3.2.6 A copy of the approved Management Plan is required to be distributed to all owners/occupiers of the residential properties on Burt Street and Monmouth Street every six months to account for any change in ownership or tenancy of the surrounding properties.


5. Car Parking, Access and Bicycle Facilities

5.1 A minimum of 16 on-site car parking bays shall be provided. 5.2 The bicycle facilities shall be designed in accordance with AS2890.3. 5.3 Vehicle and pedestrian access points are required to match into

existing footpath levels. 5.4 The car parking and access areas shall be sealed, drained, paved and


5.5 All visitor bays shall be marked and permanently set aside as such. 5.6 The car parking bays for the Restaurant/Café, Serviced Apartments

and visitors shall be shown as common property on any strata plan. 5.7 A plan shall be submitted to and approved by the City prior to the

commencement of the development detailing the location on-site of a minimum of five long term and three short term bicycle bays. The bicycle bays shall be provided in accordance with the approved plans prior to the occupation of use of the development and thereafter.


6.1 Prior to occupation of the development a Parking Management Plan

shall be submitted to and approved by the City. The Parking Management Plan shall be prepared by a qualified parking consultant. The parking management plan is to include but not limit to addressing the following:

The allocation of the car parking bays within the site to ensure that each Multiple Dwelling has the exclusive use of at least one car



parking bay and that each Serviced Apartment has the exclusive use of one car parking bay.

6.2 A management plan for the delivery and service vehicle movements,

relating to the proposed café, shall be submitted to the City for its approval prior to the occupation of the development. The plan shall address:

Hours of delivery and service vehicles, Monday - Sunday; and

Movements of delivery vehicles to ensure that they do not restrict access to the car parking bays for the proposed development and to ensure that they do not obstruct the vehicle movements on Burt Street and Monmouth Street.

6.3 The Management Plans as identified in Conditions 6.1 and 6.2 above

shall be implemented and the development shall be carried out in accordance with the plans, to the satisfaction of the City at the expense of the owners/occupiers.

7. Stormwater


8. Verge Trees

8.1 No verge trees shall be removed without prior written approval of the

City. The verge trees shall be retained and protected from damage including unauthorised pruning to the satisfaction of the City.

8.2 Prior to the commencement of development and to the satisfaction of

the City, an Arborist report is to be submitted and approved by the City, ensuring the existing verge trees as depicted on the approved plans will not be impacted by the proposed crossover construction and includes measures during and after construction to ensure the long term health of the tree is protected.

9. Building Design

9.1 Windows, doors and adjacent areas of the Café fronting Burt Street and Monmouth Street shall provide an active and interactive relationship with the street to the satisfaction of the City and shall be maintained thereafter to the satisfaction of the City. Darked, obscured, mirror or tinted glass of the like is prohibited.

9.2 Prior to the commencement of works, amended plans shall be lodged

and approved by the City to amend the Burt Street and Monmouth Street elevations to incorporate major openings which adequately address the adjoining streets and provide an active and interactive relationship with the street.




10.1 An updated Acoustic Report, in accordance with the City’s Policy No. 7.5.21 – Sound Attenuation shall be submitted to and approved by the City prior to the commencement of development.

10.2 All of the recommended measures included in the approved Acoustic

Report shall be implemented as part of the development, to the satisfaction of the City prior to the use or occupation of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers.

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

prior to the commencement of development first occupancy of the development and shall address all activities, equipment, vehicle noise and operations at the premises, including but not limited to:

Operating hours;

Patron numbers and management;

Use and style of amplified music;

Time and frequency of waste collection and deliveries at the premises;

Set up / pack down of furniture; and

Community relations / complaint management procedure.

11. Landscape and Reticulation Plan

11.1 A detailed landscape and reticulation plan for the development site and adjoining road verge, to the satisfaction of the City, shall be lodged with and approved by the City prior to commencement of the development. the plan shall be drawn to a scale of 1:100 and show the following:



The provision of 19 per cent of the site are as deep soil zones and

30 per cent canopy cover at maturity; and

Landscaping to screen the impact of building bulk and scale of the street wall abutting Monmouth Street.

11.2 All works shown in the plans identified in Condition 11.1 above shall



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




All external clothes drying areas shall be adequately screened in accordance with the Residential Design Codes prior to the use or occupation of the development and shall be completed to the satisfaction of the City.


A Construction Management Plan shall be submitted to and approved by the City prior to any works commencing on the site. The Construction Management Plan is required to address the following concerns that relates to any works to take place on the site:












Protection of verge trees; and

Consultation Plan with nearby properties.

15. Public Art

15.1 Percent for public art contribution of $26,000 being one per cent of the total $2,600,000 value of the development, be allocated towards public art prior to the commencement of the development.

15.2 Confirmation in writing outlining how the proposed development will

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

15.3 Public art shall be approved by the City and fully installed or

alternatively a cash-in-lieu payment made prior to occupation of the development;

16. Waste Management

16.1 A Waste Management Plan prepared to the satisfaction of the City shall be submitted and approved by the City; and

16.2 Waste management for the development shall thereafter comply with

the approved Waste Management Plan.

17. General

Conditions that have a time limitation for compliance, and the condition is not met in the required time frame, the obligation to comply with the



requirementsof the condition continues whilst the approved development exist.

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

Local Planning Scheme No. 2 and the Western Australian Planning Commission’s Metropolitan Region Scheme. It is the proponent's responsibility to comply with all other applicable legislation and obtain all required approvals, licences and permits prior to commencement of this development.

2. This development approval does not take into account any restrictive covenants. It is the proponent's responsibility to ensure that the development will not result in a conflict of contractual obligations.


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

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

existing verge, footpath and Right of Way levels to the satisfaction of the City.

5. The movement of all path users, with or without disabilities, within the road reserve, shall not be impeded in any way during the course of the building works. This area shall be maintained in a safe and trafficable condition and a continuous path of travel (minimum width 1.5m) shall be maintained for all users at all times during construction works. Permits are required for placement of any material within the road reserve.

6. With respect to the Stormwater, no further consideration shall be given to the

disposal of stormwater ‘off site’ without the submission of a geotechnical report from a qualified consultant. Should approval to dispose of storm water ‘off site’ be subsequently provided, detailed design drainage plans and associated calculations for the proposed storm water disposal shall be lodged together with the building permit application working drawings.

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

other services that may be required as a consequence of this development. The applicant/owner shall ensure that the location of all services is identified prior to submitting an application for a building permit. The cost of relocated any services shall be borne by the applicant/owner.

8. The applicant and owner are advised that sufficient parking can be provided on

the subject site and as such the City of Vincent will not issue a residential or visitor car parking permit to any owner or occupier of the residential dwellings. This information should be provided to all prospective purchasers and it is recommended that a notice be placed on Sales Contracts to advise purchasers of this restriction.



9. Where an approval has so lapsed, no development must be carried out without the further approval of the local government having first been sought and obtained.

10. If an applicant or owner is aggrieved by this determination there is a right of

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

AMENDING MOTION 1 Moved by: Mr Jarrod Ross Seconded by: Mr Joshua Topelberg The following amendments were moved en bloc: (i) That Condition 2.2.1 be amended to read as follows:

Ten (10) Nine (9) of the units shown on the plans dated 2 November 2018 shall only be used in accordance with the definition of Serviced Apartments as defined in the City of Vincent’s Local Planning Scheme No. 2 as follows:


(ii) That Condition 2.3.1 be amended to read as follows:

One (1) Two (2) of the units shown on the plans dated 2 November 2018 shall only be used in accordance with the definition of Multiple Dwelling as defined in the Residential Design Codes as follows:




REASON: The panel concluded that the caretaker’s dwelling was not a dwelling under the definition of the Scheme and did not contribute towards the number of Multiple Dwellings permitted on the lot under Clause 26(6) and as a result, the Serviced Apartment was reduced and an additional Multiple Dwelling was added to the approval. The Amending Motion was put and CARRIED (4/1). For: Mr Jarrod Ross Mr Christopher Antill Mr Jason Hick Cr Joshua Topelberg Against: Cr Susan Gontaszewski



AMENDING MOTION 2 Moved by: Mr Jarrod Ross Seconded by: Mr Jason Hick The following amendments were moved en bloc: (i) That Condition 2.2.3 be amended to read as follows:

The Serviced Apartments shall accommodate a maximum of four (4) six (6) guests at any one time;

REASON: It was considered unreasonable to restrict the number of persons per unit to four as this would potentially exclude families. (ii) That Condition 3.1 be amended to read as follows:

Prior to the occupancy of the development, the attached Management Plan dated 2 November 2018 shall be amended to include the following, to the satisfaction of the City:

The restriction of guest numbers for each apartment to four guests at any time; and

Reference to ten (10) nine (9) Serviced Apartments in lieu of eight.

REASON: As a result of the change to condition 2.2.1 and 2.3.1 necessary to amend to reflect there being 9 serviced apartments. The Amending Motion was put and CARRIED (3/2). For: Mr Jarrod Ross Mr Christopher Antill Mr Jason Hick Against: Cr Joshua Topelberg Cr Susan Gontaszewski AMENDING MOTION 3 Moved by: Mr Jarrod Ross Seconded by: Mr Jason Hick That Condition 15 be deleted and remaining Conditions be renumbered accordingly. REASON: The application does not trigger a Public Art contribution based on the policy provisions of Policy 7.5.13. The Amending Motion was put and CARRIED UNANIMOUSLY.



AMENDING MOTION 4 Moved by: Mr Jarrod Ross Seconded by: Mr Jason Hick That Condition 2.4 be amended to read as follows:

Caretaker’s Dwelling Residence

2.4.1 The use of the ‘caretakers residence and reception’ shown on the plans dated 2 November 2018 shall only be used as in accordance with the definition of Caretaker’s Dwelling as defined in the City of Vincent’s Local Planning Scheme No. 2 as follows:

A dwelling on the same site as a building, operation or plant used for industry, and occupied by a supervisor of that building, operation or plant. A Caretaker shall reside permanently on the site while the Serviced Apartment land use is operative.

2.4.2 The occupant of the Caretaker’s Dwelling shall reside permanently on the site.

2.4.32 A minimum of one on-site car parking bay shall be made available

for the Caretaker’s Dwelling Residence to be used by the occupant, at all times.

REASON: The Panel concluded that the Caretaker’s unit provided was not a dwelling as it did not fall within the definition of Caretaker’s dwelling and is considered to be an incidental use to the Serviced Apartments. The Amending Motion was put and CARRIED UNANIMOUSLY. ALTERNATE MOTION (AS AMENDED) That the Metro West Joint Development Assessment Panel, pursuant to Section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR 223/2018 resolves to: Reconsider its decision dated 30 August 2018 and approve DAP Application reference DAP/18/01383 and accompanying plans included in Attachment 4 in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of the City of Vincent Local Planning Scheme No. 2, 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. Use of Premises

2.1. Restaurant/Café:

2.1.1. The use of the tenancy marked as ‘Café’ on the plans dated 2 November 2018 shall only be used in accordance with the definition of Restaurant/Café as defined in the City of Vincent’s Local Planning Scheme No. 2 as follows:

Premises primarily used for the preparation, sale and serving of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licensed under the Liquor Control Act 1988.

2.1.2. The Café shall be limited to a maximum of 30 patrons at any

one time; 2.1.3. The hours of operation for the café shall be limited from

7:00am to 3:00pm Monday to Sunday; and 2.1.4. The hours of operation for the outdoor areas including the

alfresco and the roof terrace shall be limited from 9:00am to 3:00pm Monday to Sunday.

2.2. Serviced Apartments

2.2.1. Nine (9) of the units shown on the plans dated 2 November

2018 shall only be used in accordance with the definition of Serviced Apartments as defined in the City of Vincent’s Local Planning Scheme No. 2 as follows:


2.2.2. Confirmation of which of the units are to operate as a

Serviced Apartment shall be provided to the City prior to occupation of the development.

2.2.3. The Serviced Apartments shall accommodate a maximum of

six (6) guests at any one time; 2.2.4. The Serviced Apartments shall operate in accordance with

the Management Plan dated 2 November 2018 (as amended) and the terms and conditions outlined in the Management Plan shall be provided to guests of the Serviced Apartments at the time of check-in and displayed in a prominent location within the entrance area of the Serviced Apartments; and

2.2.5. A minimum of one on-site car parking bay shall be made

available for each Serviced Apartment, to be used by guests at all times.



2.3. Multiple Dwellings

2.3.1. Two (2) of the units shown on the plans dated 2 November

2018 shall only be used in accordance with the definition of Multiple Dwelling as defined in the Residential Design Codes as follows:




2.3.2. A minimum of one on-site car parking bay shall be made

available for the Multiple Dwelling to be used by the occupants/owners, at all times.

2.4. Caretaker’s Residence

2.4.1. A Caretaker shall reside permanently on the site while the

Serviced Apartment land use is operative. 2.4.2. A minimum of one on-site car parking bay shall be made

available for the Caretaker’s Residence to be used by the occupant, at all times.

3. Management Plan

3.1. Prior to the occupancy of the development, the attached

Management Plan dated 2 November 2018 shall be amended to include the following, to the satisfaction of the City:

Reference to nine (9) Serviced Apartments in lieu of eight. 3.2. In accordance with the City’s Policy No. 7.4.5 – Temporary

Accommodation: 3.2.1. The amended Management Plan as per Condition 3.1

prepared by the applicant pursuant to Clause 2.1.3 of the Policy forms part of this approval.

3.2.2. The amended Management Plan is to be reviewed:

(a) Every 12 months;

(b) Within 30 days of a change of the operator of the Serviced Apartments; and/or

(c) Within 30 days of the operator of the Services Apartments changing the operations in respect of check-in and check-out;



3.2.3. Any changes identified during a review as set out in Condition 3.2.2, are to be incorporated into an updated Management Plan, and approved by the City.

3.2.4. The Serviced Apartments must be operated in accordance with the Management Plan (as amended from time to time) to the satisfaction of the City.

3.2.5. The Code of Conduct outlined in the amended Management Plan required by Condition 3 shall be provided to occupants of the Serviced Apartments at the time of check-in and displayed in a prominent location within each Serviced Apartment.

3.2.6. A copy of the approved Management Plan is required to be distributed to all owners/occupiers of the residential properties on Burt Street and Monmouth Street every six months to account for any change in ownership or tenancy of the surrounding properties.


5. Car Parking, Access and Bicycle Facilities

5.1. A minimum of 16 on-site car parking bays shall be provided. 5.2. The bicycle facilities shall be designed in accordance with

AS2890.3. 5.3. Vehicle and pedestrian access points are required to match into

existing footpath levels. 5.4. The car parking and access areas shall be sealed, drained, paved

and line marked in accordance with the approved plans and are to comply with the requirements of AS2890.1 prior to the occupation or use of the development.

5.5. All visitor bays shall be marked and permanently set aside as such. 5.6. The car parking bays for the Restaurant/Café, Serviced Apartments

and visitors shall be shown as common property on any strata plan. 5.7. A plan shall be submitted to and approved by the City prior to the

commencement of the development detailing the location on-site of a minimum of five long term and three short term bicycle bays. The bicycle bays shall be provided in accordance with the approved plans prior to the occupation of use of the development and thereafter.




6.1. Prior to occupation of the development a Parking Management Plan shall be submitted to and approved by the City. The Parking Management Plan shall be prepared by a qualified parking consultant. The parking management plan is to include but not limit to addressing the following:

The allocation of the car parking bays within the site to ensure that each Multiple Dwelling has the exclusive use of at least one car parking bay and that each Serviced Apartment has the exclusive use of one car parking bay.

6.2. A management plan for the delivery and service vehicle

movements, relating to the proposed café, shall be submitted to the City for its approval prior to the occupation of the development. The plan shall address:

Hours of delivery and service vehicles, Monday - Sunday; and

Movements of delivery vehicles to ensure that they do not restrict access to the car parking bays for the proposed development and to ensure that they do not obstruct the vehicle movements on Burt Street and Monmouth Street.

6.3. The Management Plans as identified in Conditions 6.1 and 6.2

above shall be implemented and the development shall be carried out in accordance with the plans, to the satisfaction of the City at the expense of the owners/occupiers.

7. Stormwater


8. Verge Trees

8.1. No verge trees shall be removed without prior written approval of

the City. The verge trees shall be retained and protected from damage including unauthorised pruning to the satisfaction of the City.

8.2. Prior to the commencement of development and to the satisfaction

of the City, an Arborist report is to be submitted and approved by the City, ensuring the existing verge trees as depicted on the approved plans will not be impacted by the proposed crossover construction and includes measures during and after construction to ensure the long term health of the tree is protected.

9. Building Design

9.1. Windows, doors and adjacent areas of the Café fronting Burt Street

and Monmouth Street shall provide an active and interactive relationship with the street to the satisfaction of the City and shall



be maintained thereafter to the satisfaction of the City. Darked, obscured, mirror or tinted glass of the like is prohibited.

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

lodged and approved by the City to amend the Burt Street and Monmouth Street elevations to incorporate major openings which adequately address the adjoining streets and provide an active and interactive relationship with the street.


10.1. An updated Acoustic Report, in accordance with the City’s Policy

No. 7.5.21 – Sound Attenuation shall be submitted to and approved by the City prior to the commencement of development.

10.2. All of the recommended measures included in the approved

Acoustic Report shall be implemented as part of the development, to the satisfaction of the City prior to the use or occupation of the development and maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers.

10.3. A Noise Management Plan shall be prepared and submitted to the

City prior to the commencement of development first occupancy of the development and shall address all activities, equipment, vehicle noise and operations at the premises, including but not limited to:

Operating hours;

Patron numbers and management;

Use and style of amplified music;

Time and frequency of waste collection and deliveries at the premises;

Set up / pack down of furniture; and

Community relations / complaint management procedure.

11. Landscape and Reticulation Plan

11.1. A detailed landscape and reticulation plan for the development site and adjoining road verge, to the satisfaction of the City, shall be lodged with and approved by the City prior to commencement of the development. the plan shall be drawn to a scale of 1:100 and show the following:



The provision of 19 per cent of the site are as deep soil zones and

30 per cent canopy cover at maturity; and

Landscaping to screen the impact of building bulk and scale of the street wall abutting Monmouth Street.

11.2. All works shown in the plans identified in Condition 11.1 above shall

be undertaken in accordance with the approved plans to the City’s satisfaction, prior to occupancy or use of the development and



maintained thereafter to the satisfaction of the City at the expense of the owners/occupiers.


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


All external clothes drying areas shall be adequately screened in accordance with the Residential Design Codes prior to the use or occupation of the development and shall be completed to the satisfaction of the City.


A Construction Management Plan shall be submitted to and approved by the City prior to any works commencing on the site. The Construction Management Plan is required to address the following concerns that relates to any works to take place on the site:












Protection of verge trees; and

Consultation Plan with nearby properties.

15. Waste Management

15.1. A Waste Management Plan prepared to the satisfaction of the City shall be submitted and approved by the City; and

15.2. Waste management for the development shall thereafter comply

with the approved Waste Management Plan.

16. General

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



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

Local Planning Scheme No. 2 and the Western Australian Planning Commission’s Metropolitan Region Scheme. It is the proponent's responsibility to comply with all other applicable legislation and obtain all required approvals, licences and permits prior to commencement of this development.

2. This development approval does not take into account any restrictive covenants. It is the proponent's responsibility to ensure that the development will not result in a conflict of contractual obligations.


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

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

existing verge, footpath and Right of Way levels to the satisfaction of the City.

5. The movement of all path users, with or without disabilities, within the road reserve, shall not be impeded in any way during the course of the building works. This area shall be maintained in a safe and trafficable condition and a continuous path of travel (minimum width 1.5m) shall be maintained for all users at all times during construction works. Permits are required for placement of any material within the road reserve.

6. With respect to the Stormwater, no further consideration shall be given to the

disposal of stormwater ‘off site’ without the submission of a geotechnical report from a qualified consultant. Should approval to dispose of storm water ‘off site’ be subsequently provided, detailed design drainage plans and associated calculations for the proposed storm water disposal shall be lodged together with the building permit application working drawings.

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

other services that may be required as a consequence of this development. The applicant/owner shall ensure that the location of all services is identified prior to submitting an application for a building permit. The cost of relocated any services shall be borne by the applicant/owner.

8. The applicant and owner are advised that sufficient parking can be provided on

the subject site and as such the City of Vincent will not issue a residential or visitor car parking permit to any owner or occupier of the residential dwellings. This information should be provided to all prospective purchasers and it is recommended that a notice be placed on Sales Contracts to advise purchasers of this restriction.

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

the further approval of the local government having first been sought and obtained.



10. If an applicant or owner is aggrieved by this determination there is a right ofreview by the State Administrative Tribunal in accordance with the Planningand Development Act 2005 Part 14. An application must be made within 28days of the determination.

REASON: The alternate recommendation as put forward is well structured, detailed, and a good compromise. Through the panel and mediation, significant design changes have been made to improve the success of the building and reduce opportunities for diminishing the amenities of those around.

The Alternate Motion (as amended) was put and CARRIED (4/1).

For: Mr Jarrod Ross Mr Christopher Antill Mr Jason Hick Cr Joshua Topelberg

Against: Cr Susan Gontaszewski

The A/Presiding Member noted the following State Administrative Tribunal Applications -

Current Applications

LG Name Property Location Application Description

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

Mixed Use Development

Town of Cambridge

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

Child Care Centre

Town of Claremont

Lot 508 (3) Shenton Road, Claremont

Eight Storey Mixed Use Development

Town of Claremont

Lot 510 (58-62) Bay View Terrace, Claremont

Third storey additions and refurbishment of commercial tenancies and illuminated large format LED signage

11. General Business / Meeting Close

The A/Presiding Member announced that in accordance with Section 7.3 of theDAP Standing Orders 2017 only the Presiding Member may publicly commenton the operations or determinations of a DAP and other DAP members shouldnot be approached to make comment.

There being no further business, the A/Presiding Member declared the meetingclosed at 11:51am.

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