minutes of planning and development committee - 19 00 2019...item 4.1 - attachment 1 - memorandum of...

Planning and Development Committee

19 March 2019

Minutes

To: The Mayor and Councillors

Here within the Minutes of the Planning and Development Committee

meeting of the City of Stirling held Tuesday 19 March 2019 in the City of

Stirling Parmelia Room, 25 Cedric Street, Stirling.

Stuart Jardine PSM | Chief Executive Officer

Our Vision, Mission and Values

Vision

The City of Stirling will be a place where people choose to live, work, visit and invest. We will

have safe and thriving neighbourhoods with a range of housing, employment and

recreational opportunities. We will engage with our diverse community to help shape our

future into the City of Stirling – City of Choice.

Mission

To serve the City’s diverse community through delivering efficient, responsive and

sustainable services

Values

The City of Stirling’s core values are:-

Integrity

Community Participation

Accountability

Respect

Environment

Diversity

Disclaimer

Members of the public should note that in any discussion regarding any planning or other

application that any statement or intimation of approval made by any member or officer of

the City during the course of any meeting is not intended to be and is not to be taken as

notice of approval from the City. No action should be taken on any item discussed at a

Council meeting prior to written advice on the resolution of the Council being received.

Any plans or documents contained in this document may be subject to copyright law

provisions (Copyright Act 1998, as amended) and the express permission of the copyright

owner(s) should be sought prior to the reproduction.

MINUTES OF THE PLANNING AND DEVELOPMENT COMMITTEE MEETING 19 MARCH 2019

3

TABLE OF CONTENTS ITEM SUBJECT PAGE

1. OFFICIAL OPENING .................................................................................................. 4

2. ATTENDANCE AND APOLOGIES............................................................................. 4

3. APPROVED LEAVE OF ABSENCE ........................................................................... 4

4. MEMORANDUM OF OUTSTANDING BUSINESS ..................................................... 5

5. DISCLOSURES OF INTEREST .................................................................................. 7

6. CONFIRMATION OF MINUTES ................................................................................. 7

7. ANNOUNCEMENTS BY THE PRESIDING MEMBER ................................................ 7

8. PLANNING AND DEVELOPMENT COMMITTEE ITEMS ........................................... 8

DEVELOPMENT SERVICES

DS1 LOT 12, HOUSE NUMBER 18, WISHART STREET, GWELUP - EXISTING AND PROPOSED SPORTING NETS (CROATIAN HOUSE) .......................................................................................................... 8

CITY PLANNING

CP1 LOCAL PLANNING SCHEME NO.3 AMENDMENT NO.110 - AMENDMENT TO THE PLANNING FRAMEWORK FOR THE MIRRABOOKA TOWN CENTRE - OUTCOMES OF ADVERTISING ............ 33

CP2 LOCAL PLANNING SCHEME NO.3 - DRAFT LOCAL PLANNING POLICY 6.14 - FOOTPATH TRADING AND ACTIVATION - INITIATION ................................................................................................... 51

9. MATTERS BEHIND CLOSED DOORS .................................................................... 82

10. CLOSURE ................................................................................................................ 82


4

MINUTES OF THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF TUESDAY 19 MARCH 2019 HELD IN CITY OF STIRLING PARMELIA ROOM, 25

CEDRIC STREET, STIRLING

1. OFFICIAL OPENING

The Presiding Member declared the Planning and Development Committee meeting open at 6.00pm.

2. ATTENDANCE AND APOLOGIES

ATTENDANCE

Presiding Member Councillor Giovanni Italiano JP Deputy Presiding Member Councillor Stephanie Proud JP Members Councillor David Boothman JP

Councillor Joe Ferrante Councillor Mark Irwin Councillor David Lagan Councillor Karlo Perkov

Observers Councillor Suzanne Migdale (from 6.01pm) Councillor Bianca Sandri Councillor Keith Sargent Councillor Adam Spagnolo

Employees Chief Executive Officer - Stuart Jardine PSM Director Planning and Development - Ross Povey Manager City Planning - Fraser Henderson Acting Manager Development Services - Giovanna Lumbaca Acting Manager Governance - John Beaton Coordinator City Planning - Schemes and Policies - Neil Maull Coordinator Planning Compliance - David Spencer Senior Governance Officer - Regan Clyde Senior Governance Officer - Jaclyn Farrow

Public 20 Press 0

APOLOGIES

Nil.

3. APPROVED LEAVE OF ABSENCE

Councillor Giovanni Italiano (granted a leave of absence for the period 25 March 2019 to 29 March 2019 inclusive).


Item 4.1 - Attachment 1 - Memorandum of Outstanding Business 5

4. MEMORANDUM OF OUTSTANDING BUSINESS

Item Resolution

Meeting

Presented/Item

Council

Resolution

Responsible

Officer Status

1. Endorsement of Tuart Hill Local Centre –

Urban Design Strategy

“3. That the City UNDERTAKES a 15% design

involving local businesses and traders in a

review process, and REPORTS back to

Council and that the process includes

investigation of the following:-

a. Formalising a “U” turn at Lawley

Street to allow access to the eastern

side of the centre; and

b. The possibility of a trial period and /

or staging of new or changed access

arrangements.”

13 September

2016

Item Number

10.2/CP1

Council

Resolution

0916/013

Manager City

Planning

On Thursday 20 September 2018, the Mayor,

Acting Chief Executive Officer and Manager City

Planning met with the Minister for Transport;

Planning; Lands, the MLA for Balcatta, the MLA

for Mount Lawley and a representative of Main

Roads WA. At this meeting, the Tuart Hill Centre

was discussed, including the conflicting objectives

of Main Roads WA and the City’s plan to improve

the area to facilitate economic development and

residential intensification. It was agreed at that

meeting that a further workshop should be held

between officers and Main Roads representatives

to try to reach agreement on the various

improvements proposed to Wanneroo Road in the

City’s Plan for Tuart Hill. The further workshop is

anticipated to be held in early 2019 and will be in

the context of discussion of future Planning for

Wanneroo Road, given that it is identified as an

Activity Corridor in the State’s Planning

Framework.

The Manager City Planning has been liaising with

the MLA for Balcatta to facilitate this workshop,

and a further update will be provided once the

details of the workshop are known.


Item 4.1 - Attachment 1 - Memorandum of Outstanding Business 6

Item Resolution

Meeting

Presented/Item

Council

Resolution

Responsible

Officer Status

2. Local Planning Scheme No.3 – Modifications

to Local Planning Policy 6.7 – Parking and

Access (To Introduce Parking Requirements

for Short Stay Accommodation) – Outcomes

of Advertising

“2. That Council REVIEWS Local Planning

Policy 6.7 – Parking and Access in 12

months to evaluate the suitability of the

parking arrangements.”

20 February

2018

Item Number

11.1

Council

Resolution

Number

0218/007

Manager City

Planning

It is anticipated that a review of the Local

Planning Policy 6.7 – Parking and Access to

evaluate the suitability of the parking

arrangements for Short Stay Accommodation will

be presented to the Planning and Development

Committee meeting to be held in April 2019.


7

COUNCILLOR SUZANNE MIGDALE ARRIVED AT THE MEETING AT 6.01PM, PRIOR TO CONSIDERATION OF ITEM 5.

5. DISCLOSURES OF INTEREST

Councillor Karlo Perkov disclosed an Impartial Interest in Item DS1 as the Club’s executives are known to him. Councillor David Boothman disclosed an Impartial Interest in Item CP1 as he resides within the area. Councillor Keith Sargent disclosed an Impartial Interest in Item CP1 as he works within the Mirrabooka Town Centre.

6. CONFIRMATION OF MINUTES

Moved Councillor Boothman, seconded Councillor Lagan

That the Minutes of the Planning and Development Committee of 19 February 2019 be confirmed as a true and correct record of proceedings. The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Ferrante, Irwin, Italiano, Lagan, Perkov and Proud. Against: Nil.

7. ANNOUNCEMENTS BY THE PRESIDING MEMBER

The Presiding Member, Councillor Giovanni Italiano, made the following announcement:- “On behalf of Committee, I would like to welcome the visiting students from Curtin University and the Political Journalism students from Edith Cowan University.”


Item DS1 8

8. PLANNING AND DEVELOPMENT COMMITTEE ITEMS

DEVELOPMENT SERVICES

Councillor Karlo Perkov disclosed an Impartial Interest in Item DS1 as the Club’s executives are known to him. M Staffe addressed the Committee regarding Item DS1, and spoke against the recommendation. M Dryka addressed the Committee regarding Item DS1, and spoke in favour of the recommendation.

DS1 LOT 12, HOUSE NUMBER 18, WISHART STREET, GWELUP - EXISTING AND PROPOSED SPORTING NETS (CROATIAN HOUSE)

Report Information

Location: Lot 12, House Number 18, Wishart Street, Gwelup

Applicant: Michael Dryka Architects

Reporting Officer: Acting Manager Development Services

Business Unit: Development Services

Ward: Hamersley

Suburb: Gwelup

Authority/Discretion

Definition

☐ Advocacy when Council advocates on its own behalf or on behalf of its community to another level of government/body/agency.

☐ Executive the substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

☐ Legislative includes adopting local laws, town planning schemes and policies. It is also when Council reviews decisions made by Officers.

☒ Quasi-Judicial when Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.

☐ Information Purposes

includes items provided to Council for information purposes only, that do not require a decision of Council (i.e. - for 'noting').


Item DS1 9

Moved Councillor Proud, seconded Councillor Irwin

That pursuant to Schedule 2, Clause 68(2)of the Planning and Development (Local Planning Schemes) Regulations 2015, the application for the existing and proposed sporting nets at Lot 12, House Number 18, Wishart Street, Gwelup be APPROVED subject to the following conditions:-

a. This approval relates to the existing sporting net located south of the club rooms and the proposed sporting net located along the eastern boundary as highlighted in yellow on the approved plans only;

b. The proposed boundary sporting net and associated support posts to be setback 1m from the eastern lot boundary;

c. The existing and proposed sporting net and associated support posts are not to exceed 6m in height above the existing ground level;

d. The existing sporting net along the eastern boundary and associated support posts and structures to be removed within 90 days of the date of this approval;

e. The sporting nets and associated support posts subject to this approval are to be maintained in good condition to the satisfaction of the City; and

f. The sporting nets along the eastern boundary, subject to this approval, are to be temporarily removed after play and during the off season to the satisfaction of the City.

Procedural Motion Moved Councillor Boothman, seconded Councillor Perkov

THE COMMITTEE RECOMMENDS TO COUNCIL That the Item relating to DS1 - Lot 12, House Number 18, Wishart Street, Gwelup - Existing and Proposed Sporting Nets (Croation House) be REFERRED to the Council Meeting to be held 26 March 2019 to allow further information to be provided to Councillors.

The motion was put and declared CARRIED (7/0). For: Councillors Boothman, Ferrante, Irwin, Italiano, Lagan, Perkov and Proud. Against: Nil.

Recommendation

That pursuant to Schedule 2, Clause 68(2)of the Planning and Development (Local Planning Schemes) Regulations 2015, the application for the existing and proposed sporting nets at Lot 12, House Number 18, Wishart Street, Gwelup be APPROVED subject to the following conditions:-

a. This approval relates to the existing sporting net located south of the club rooms and the proposed sporting net located along the eastern boundary as highlighted in yellow on the approved plans only;


Item DS1 10

b. The proposed boundary sporting net and associated support posts to be setback 1m from the eastern lot boundary;

c. The existing and proposed sporting net and associated support posts are not to exceed 6m in height above the existing ground level;

d. The existing sporting net along the eastern boundary and associated support posts and structures to be removed within 90 days of the date of this approval; and

e. The sporting nets and associated support posts subject to this approval are to be maintained in good condition to the satisfaction of the City.

Report Purpose

To consider a development application (DA18/1663 refers) for proposed and existing sporting nets located at Lot 12, House Number 18, Wishart Street, Gwelup. The application requires the determination of Council due to the setback of the sporting net to the east boundary only, as objections were received during the public consultation period.

Relevant Documents

Attachments

Attachment 1 - Assessment, Policy and Legislative Implications ⇩

Attachment 2 - Plan - 18 Wishart Street, Gwleup ⇩

Attachment 3 - Site photos - 18 Wishart Street, Gwelup ⇩

Available for viewing at meeting

Nil

Description of Development

Site Area: 24,182m2

Nearest Cross Street: Allanson Retreat


Item DS1 11

Location Plan

Aerial Photograph

Location of Development


Item DS1 12

Background

The City received an enquiry seeking information about the existing sporting nets located at the Croatian House (community hall premises) and associated soccer sporting fields. The enquiry alleged that the sporting nets were noisy and unsightly to the surrounding residential properties. The City’s records revealed that planning and building approval had not been granted for the existing sporting nets located south of the club rooms and along the eastern lot boundary. The soccer club, which shares the grounds with the Croatian House, has advised the City that the eastern boundary sporting net was constructed around 1993, shortly after the adjoining residential subdivision occurred, whilst the exiting 6m high sporting net located to the south of the club rooms was constructed in 2017. The initial planning approval issued by the City on 31 March 1981 (M20/5636 refers) was for the club hall facing Wishart Street. In 1987 soccer fields were established (M20/5636 refers). Club room additions for the soccer fields were approved by the City on 28 January 1993 (M20/5636.03 refers). Four light towers, 14m in height, were approved on 3 February 2006 (DA05/1645 refers). On 28 December 2011 the City approved extended use of the flood lighting at the site to allow for night training on Tuesday, Wednesday and Thursday only, with the lighting being turned off no later than 10.00pm (DA11/2303 refers). The application subject of this report was submitted in September 2018. Following public consultation, the applicant submitted amended plans on 11 February 2019 to address the concerns raised, which predominantly related to building height, setback and noise caused by the existing condition of the unauthorised east boundary net. The amended plans propose the removal of the unauthorised existing east boundary sporting net and installation of a new net, and support posts at a reduced height of 6m, with a 1m eastern boundary setback. This report is therefore based on the proposal as amended following advertising.

Principal Statutory Provisions

Use Table

Zoning

MRS Urban

LPS3 Private Institution

Use

Class Club Premises

Type D - Not permitted unless Council has exercised its discretion by granting planning approval

Assessment

An assessment of the proposal which requires Council to exercise discretion is contained within Attachment 1.


Item DS1 13

Consultation/Communication Implications

The application was advertised for public comment for a period of 21 days, from 8 January 2019 to 29 January 2019. The Planning Consultation Procedure requires an application to be advertised for an additional 14 days during the Christmas holiday period, being 18 December to 9 January, and one additional day when the consultation period falls over a declared public holiday. In this instance, the Christmas holiday period and the Australia Day public holiday fell within the 21 day consultation period, therefore requiring the application to be advertised for a total of 36 days. Of the 13 affected properties along the eastern boundary, immediately adjacent to the proposed nets, there are a total of 15 affected parties comprised of landowners and occupiers. During the 21 day consultation period, a total of 10 submissions were received from the 13 affected adjoining properties. In light of the above, it was considered reasonable to not re-advertise the application. In accordance with the Planning Consultation Procedure, the application was advertised to all adjoining owners and occupiers of the adjoining properties. A total of 10 individual submissions were received during the public consultation process, all of which objected to the development. The relative location of each submission is detailed below:-

Submissions

Received

Within 200m of

proposed site Remainder of City All Submissions

SUPPORT 0% (0) 0% (0) 0% (0)

OBJECT 90% (9) 10% (1) 100% (10)

OTHER

(Not stated/

no opinion/

'conditional')

0% 0% 0%

The issues raised in the individual submissions have been addressed in the table below:-

NUMBER OF

TIMES ISSUE

RAISED

ISSUE OFFICER COMMENT

6 9m high netting is unacceptable as it has a negative impact on the outlook from the residential backyards and is unsightly.

The amended proposal reduces the net and support posts from 9m to 6m in height, which is consistent with the permitted wall height of a dwelling as outlined by the Residential Design Codes of WA and LPP2.6. The proposal is therefore respectful and in keeping with the built form of the adjoining residential lots.


Item DS1 14

NUMBER OF

TIMES ISSUE

RAISED


5 The netting is far too close to the dividing fence.

The new net and support posts are proposed to be setback 1m from the east lot boundary. The applicant has advised that due to required playing field sizes and existing underground infrastructure along the eastern boundary, the setback is unable to be increased greater than 1m.

The setback variation pursuant to LPP4.5 is discussed in detail later in the report.

5 Negative impact on residential properties will be permanent in lieu of temporary as the net will not be lowered as it has in the past.

The proposed 6m high net and support posts will have a reduced impact on the amenity of the adjoining residential lots. The new net design addresses noise concerns as all fixings are permanent which reduced movement.

The impact of the development on amenity of the surrounding properties pursuant to LPP4.5 is discussed in detail later in this report.

4 Property values will decrease.

Impact on property values is not a valid planning consideration.

3 Noise caused by balls hitting the dividing fence due to the net being too close to the boundary line impacting on the amenity of the adjoining residential properties.

The applicant has submitted amended plans to construct a new net and support posts with a setback of 1m to the eastern lot boundary. The net will restrict balls from having contact with the east boundary dividing fence, eliminating this issue.

The setback variation pursuant to LPP4.5 is discussed in detail later in the report.

3 The existing netting blows over the dividing fence due to the lack of tension which rips the net and gets tangled in plants causing a nuisance to the adjoining residential properties.

The applicant has submitted amended plans to construct a new net and support posts. The 1m setback and taut net design has minimal movement in the wind and should not make contact with the east boundary dividing fence or adjoining vegetation located on the abutting residential lots.


Item DS1 15

NUMBER OF

TIMES ISSUE

RAISED


3 Netting permanently raised all year round will have an impact on the local birdlife as they become tangled in the net.

The proposal has reduced the eastern boundary netting height to 6m which will assist in addressing this concern.

3 Netting not compatible with adjoining residential area.

The amended proposal reduces the height of the nets by 3m to a maximum height of 6m, which is in keeping with permitted residential building heights pursuant to the Residential Design Codes of WA and LPP2.6. Some form of netting is required to protect the adjoining residential properties from damage due to balls entering their properties. The proposed design attempts to reduce any detrimental impact on the amenity and character of the adjoining residential lots whilst providing the necessary protection.

The impact of the development on the surrounding residential properties pursuant to LPP4.5 is discussed in detail later in this report.

3 Poor condition of the existing netting does not restrict all balls from entering residential properties.

The existing unauthorised east boundary netting is to be replaced with new netting and support posts constructed of suitable materials to restrict balls from entering the adjoining lots.

2 Noise caused by the net condition and loose guide wires impacting on the amenity of the adjoining residential properties.

The applicant has submitted amended plans to construct a new net and support posts with permanent fixings that are not loose or moveable.

2 The height of the support posts and strong winds has potential to damage people and properties.

The existing and proposed net and support posts will require building approval which will include structural engineer’s certification to ensure the design is structurally sound and fit for purpose.


Item DS1 16

NUMBER OF

TIMES ISSUE

RAISED


2 Existing support posts are leaning towards residential properties and unsafe.

The existing eastern boundary support posts are proposed to be replaced and setback 1m from the boundary. The proposed sporting net will require a structural engineer’s certification at the building permit approval stage.

1 Height of netting will overshadow adjacent residential properties impacting on solar panels.

The proposal has reduced the eastern boundary netting height to 6m which is consistent with the permitted wall height of a two storey dwelling. The netting is transparent which minimises overshadowing. The netting will not have a detrimental impact on the amenity of the adjoining residential lots. The transparency of the structure allows for direct sun and ventilation to the adjoining residential buildings and associated active open space.

Impact on solar panel performance is not a valid planning consideration.

The main concerns raised in the submissions relate to the building setback, height, existing netting and support post condition and noise caused by the existing unauthorised east boundary sporting net. The applicant endeavours to address the issues raised by replacing the existing unauthorised 9m sporting net and support posts with an entirely new structure whilst increasing the boundary setback to 1m. It is considered that the proposal will ensure better integration with the adjoining residential development whilst providing necessary protection to the abutting residential lots.

Applicant’s Justification

The applicant was invited to provide comment in relation to the planning issues raised in the objections received during the public consultation period. In response, amended plans were received proposing to replace the existing unauthorised eastern boundary sporting net with a less intrusive design.


Item DS1 17

Comment

Council is required to consider the proposed building setback when determining this development application.

Building Setback

The City has assessed height and boundary setback of the sporting nets against Local Planning Policy 4.5 – Private Institution Design Guidelines (LPP4.5).

The existing sporting net located to the rear of the club rooms complies with the development standards set out by LPP4.5. The proposed eastern boundary sporting net proposes a variation to the permitted building setback with the netting and associated support posts being setback 1m in lieu of 2.8m.

Variations to the boundary setback requirements under LPP4.5 are required to be considered against the objectives of the policy. Specifically, the proposed development is to be assessed in accordance with the following relevant objectives:-

To ensure that development does not adversely affect the amenity of surrounding properties;

To encourage development that is sympathetic to the scale and bulk of surrounding properties; and

To ensure that development is well integrated with the surrounding community. The existing east boundary sporting net is considered to satisfy the objectives of LPP4.5 as follows:-

To ensure that development does not adversely affect the amenity of surrounding properties.

The applicant proposes to replace the existing 9m high east boundary sporting net with a new structure constructed of high quality materials at a maximum height of 6m. The proposal assists in addressing visual amenity and noise impacts to the adjoining residential lots. The proposed 6m height is in keeping with the permitted wall height of a dwelling as outlined by the Residential Design Codes of WA and the City’s Local Planning Policy 2.6 Residential Building Heights. Whist LLP4.5 requires the net and support posts to be setback 2.8m, the applicant has advised that due to required playing field sizes and existing underground infrastructure located along the eastern lot boundary, a 2.8m setback cannot be achieved. The visually permeable transparent netting design is not bulky and allows natural direct sun and ventilation to the adjoining residential buildings and associated active open space. For the reason mentioned above, it is determined that there would be minimal improvement to the amenity of the adjoining lots by increasing the setback to 2.8m. The impact of a visually permeable structure is minimal compared to a solid building, therefore the reduced setback is considered acceptable.

Furthermore, it is recognised that during use of the soccer field, it is necessary for netting to the east boundary to be provided in order to provide protection to the abutting residential development. The high quality permanent net has no pull ropes or moveable fixings which ensure that the adjoining residents are not disturbed by the netting frequently being lowered before and after training and game periods. A net which can be lowered is generally not as taut, risks damage and ongoing maintenance, and involves moveable parts which create noise. The proposal is considered to significantly reduce the current impact which the existing unauthorised 9m high netting has on the amenity of the adjoining residential properties.


Item DS1 18

To encourage development that is sympathetic to the scale and bulk of surrounding properties.

The proposed net and support posts to the east lot boundary have been designed to be sympathetic to the scale and bulk of the surrounding residential properties. The height of the proposed netting is consistent with the character of a typical two storey dwelling and is visually permeable which prevents it from being bulky as seen from the adjoining residential development. The impact of the netting structure in comparison to a solid building is minimal due to its light weight, visually permeable construction.

To ensure that development is well integrated with the surrounding community. The surrounding community consists of Residential zoned lots, Public Open Space and a Local Centre to the north. Specific to the eastern lot boundary are low density residential lots. The existing sporting ground and club rooms are sympathetic to the adjoining residential development in so far as its built form and setbacks to boundaries. The proposed east boundary sporting net has been designed to respect the adjoining built form. The proposed new permanent netting structure addresses concerns regarding the existing net being damaged, unsightly and noisy.

Policy and Legislative Implications

Should Council refuse the application for development approval, the applicant may have the right to have the decision reviewed in accordance with Part 14 of the Planning and Development Act 2005. Please refer to Attachment 2 for all Policy and Legislative matters relevant to the application.

Financial Implications

Nil.

Strategic Implications

Theme 1: Liveable City and Thriving Neighbourhoods Objective 1.5: Health and Wellbeing

Sustainability Implications

The following tables outline the applicable sustainability issues for this proposal:-

ENVIRONMENTAL

Issue Comment

Nil.


Item DS1 19

SOCIAL

Issue Comment

Community engagement The existing sporting facility provides a focal point for members of the community who share a passion for the sporting activity.

Health, wellbeing and safety The existing sporting facility attracts individuals to join a recreation based group and promote an active lifestyle.

ECONOMIC

Issue Comment

Nil.

Conclusion

The existing sporting net located south of the club rooms, and the proposed east boundary sporting net and associated support posts, are consistent with the objectives of LPP4.5 and the Private Institution Zone. In light of the above, the development is recommended for conditional approval.


Item DS1 - Attachment 1 - Assessment, Policy and Legislative Implications 20

Policy and Legislative Implications The following policy and legislation was considered in assessing this application:-

Local Planning Scheme No.3 (LPS3);

Local Planning Policy 4.5 Private Institution Design Guidelines

Planning and Development (Local Planning Scheme) Regulations 2015

State Planning Policy 3.1 Residential Design Codes

Legislation

Local Planning Scheme No.3

Objectives of the Zone

The subject site is zoned ‘Private Institution’ under Local Planning Scheme No.3 (LPS3). The objectives of the zone are:-

a. To provide for a range of privately owned community facilities, and uses that are incidental and ancillary to the provision of such facilities, which are compatible with surrounding development.

b. To ensure that the standard of development is in keeping with surrounding

development and protects the amenity of the area. Clause 67 Matters to be considered by Local Government – Planning and Development (Local Planning Scheme) Regulations 2015 Council is to have due regard to the matters contained under Clause 67 of the Planning and Development (Local Planning Scheme) Regulations 2015 when exercising its discretion and the following matters are considered most relevant to this application:- a. The aims and provisions of this Scheme and any other local planning scheme

operating within the Scheme area; b. The requirements of orderly and proper planning including any proposed local planning

scheme or amendment to this Scheme that has been advertised under the Planning and Development (Local Planning Scheme) Regulations 2015 or any other proposed planning instrument that the local government is seriously considering adopting or approving;

g. Any local planning Policy for the Scheme area; m. The compatibility of the development with its setting including the relationship of the

development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;

n. The amenity of the locality including the following – (i) environmental impacts of the development; (ii) the character of the locality; and (iii) social impacts of the development.

y. Any submissions received on the application.



Non-Residential Assessment - Local Planning Scheme No.3

Element Satisfies Scheme/

Policy OR

Variation Required

Comment

1 Site Requirements

Not proposed to change as part of this application.

2 Setbacks

The applicant seeks approval for the proposed east boundary sporting net to be setback 1m in lieu of 2.8m as required by LPP4.5. The setback variation is discussed in further detail later in this report.

3 Car Parking Not proposed to change as part of this application.

4 Landscaping

Development is considered a minor extension therefore LPP 6.6 does not apply.

5 Facades Not proposed to change as part of this application.

6 Bicycle Parking Not proposed to change as part of this application.

7 Service Access Not proposed to change as part of this application.

8 Building Height

The application complies with the permitted building height as outline by LPP4.5.

9 Trees and Development Policy

Development < $100,000, therefore LPP 6.11 does not apply.

10 Bin Storage Areas Not proposed to change as part of this application.

11 Other Consideration

No other considerations.

Residential Design Codes

Local Planning Policy 4.5: Private Institution Design Guidelines states that where adjacent to residential properties all side and rear setbacks of all development shall be calculated in accordance with the Residential Design Codes of WA (RCodes). The proposed east boundary sporting net and associated support posts are 6 metres high and have a total length of 220 metres which requires a boundary setback of 2.8 meters in accordance with Table 2a: Boundary setbacks of the RCodes.



Clause 67 Matters to be considered by Local Government – Planning and Development (Local Planning Scheme) Regulations 2015 The proposal is also required to be considered against the relevant matters by the local government in accordance with Clause 67 of the Planning and Development (Local Planning Scheme) Regulations 2015. The City’s response to each consideration is outlined in the table below:-

Matter Officer’s Comment

a) The aims and provisions of this Scheme and any other local planning scheme operating within the Scheme area;

This matter has been addressed under the Land Use Permissibility section of this report.

b) The requirements of orderly and proper planning including any proposed local planning scheme or amendment to this Scheme that has been advertised under the Planning and Development (Local Planning Scheme) Regulations 2015 or any other proposed planning instrument that the local government is seriously considering adopting or approving;

The proposal has been assessed against LPS3 and relevant policy provisions.

In terms of orderly and proper planning, the proposal has been assessed against the current planning policy framework and has been addressed previously in this report.

g) Any local planning policy for the Scheme area

The application has been assessed in accordance with the relevant local planning policy provisions and proposes a building setback variation to LPP 4.5.

m) The compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development;

The existing use of the site as a soccer field has been operational since 1987. In order for the use to work in harmony with the adjoining residential development, it is necessary for the abutting eastern residential development to be protected from balls crossing the adjoining boundary. As such, some form of screening is required.

The proposed new east boundary sporting net and associated support posts is considered to meet the objectives of LPP4.5. The proposed 6m height, 1m boundary setback and the visually permeable nature of the proposed development is sympathetic to the scale and bulk of the surrounding residential development. The proposal significantly reduces the impact which the existing unauthorised sporting net poses to the eastern adjoining residential development.

n) The amenity of the locality including the following –

(i) environmental impacts of the development;

(ii) the character of the locality; and

(iii) social impacts of the development.

The existing sporting net to the east lot boundary is not considered to be in keeping with the scale and character of the locality in so far as its height and appearance. These factors including the building setback and noise generated by the sporting nets in high winds will result in a detrimental impact on the surrounding residential properties.



Matter Officer’s Comment

The built form of the proposed sporting net and associated support posts which is to replace the unauthorised development is respectful to the character and amenity of the abutting residential development. The height of the proposed sporting net is in keeping with the permitted wall height of a dwelling as outlined by the Residential Design Codes of WA and the City’s Local Planning Policy 2.6 Residential Building Heights. The public comments raise concerns with respect to the potential impact the nets will have on the nearby birdlife if permanently raised at 9m in height. The submitters have advised that birds become tangled in the nets when flying between Lake Gwelup and nearby waterways. The proposed reduced height will assist in addressing this concern.

y) Any submissions received on the application.

The City has undertaken consultation of the proposal in accordance with the Planning Consultation Procedure.

The Submissions received during the consultation period have been considered in this report.

Local Planning Policy 4.5 – Private Institution Design Guidelines (LPP4.5)

The existing and proposed sporting net have been assessed against the provisions of the City’s Local Planning Policy 4.5 – Private Institution Design Guidelines (LPP4.5) and the below policy objectives.

To ensure that development does not adversely affect the amenity of surrounding properties;

To encourage development that is sympathetic to the scale and bulk of surrounding properties;

To ensure that the efficiency of the local transport network is not encumbered by development;

To support the provision of viable and high quality retirement and aged care developments; and

To ensure that development is well integrated with the surrounding community. LPP4.5 stipulates that development shall be restricted to two (2) storeys (6.0 metres wall

height) above natural ground level within 10 metres of any residential lot or street boundaries

in areas coded R50 or below. The surrounding residential lots are zoned R40 and below

which permit a 6 meter wall height and total roof pitch height of 9m. The existing

unauthorised sporting net is located 0.27m to 0.75m from the east lot boundary and is 9m in

height whilst the sporting net to the south of the club rooms is 6m in height. With regard to

the eastern sporting net setback, LPP4.5 states that where adjacent to residential properties

all side and rear setbacks of all development shall be calculated in accordance with the

Residential Design Codes of WA. The applicant proposes to remove the existing

unauthorised east boundary sporting net and replace with a new sporting net structure.



The proposed net and associated support posts are 6 meters high and setback 1m from the

east boundary for a length of 220 meters. The proposed amended design requires a 2.8m

setback to the east boundary.

The sporting net to the rear of the club rooms is compliant with LPP4.5 whilst the proposed

east boundary sporting net proposes a boundary setback variation of 1m in lieu of 2.8m. The

variations are discussed in further detail later in the report.


Item DS1 - Attachment 2 - Plan - 18 Wishart Street, Gwleup 25


Item DS1 - Attachment 3 - Site photos - 18 Wishart Street, Gwelup 26


Item CP1 33

CITY PLANNING

Councillor David Boothman disclosed an Impartial Interest in Item CP1 as he resides within the area. Councillor Keith Sargent disclosed an Impartial Interest in Item CP1 as he works within the Mirrabooka Town Centre.

CP1 LOCAL PLANNING SCHEME NO.3 AMENDMENT NO.110 - AMENDMENT TO THE PLANNING FRAMEWORK FOR THE MIRRABOOKA TOWN CENTRE - OUTCOMES OF ADVERTISING

Report Information

Location: Mirrabooka Town Centre Special Control Area

Applicant: Not Applicable

Reporting Officer: Manager City Planning

Business Unit: City Planning

Ward: Balga

Suburb: Mirrabooka


Definition



☒ Legislative includes adopting local laws, town planning schemes and policies. It is also when Council reviews decisions made by Officers.

☐ Quasi-Judicial when Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.




Item CP1 34

Moved Councillor Lagan, seconded Councillor Boothman

THE COMMITTEE RECOMMENDS TO COUNCIL

1. That pursuant to the Planning and Development (Local Planning Schemes) Regulations 2015, Council SUPPORTS Amendment No.110 to Local Planning Scheme No.3 (in a modified form) as shown in Attachment 1.

2. That pursuant to Regulation 35 of the Planning and Development (Local Planning Schemes) Regulations 2015, Council RESOLVES that in its opinion, Local Planning Scheme No.3, Amendment No.110 is a Standard Amendment for the following reasons:-

a. It is an Amendment that does not result in any significant environmental, social, economic or governance impacts on land in the scheme area; and

b. It is an Amendment that is not a complex or basic Amendment.

3. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and affix the Common Seal to Local Planning Scheme No.3 Amendment No.110 documents, and that the Amendment be REFERRED to the Western Australian Planning Commission and the Minister for Planning for determination


Recommendation

1. That pursuant to the Planning and Development (Local Planning Schemes) Regulations 2015, Council SUPPORTS Amendment No.110 to Local Planning Scheme No.3 (in a modified form) as shown in Attachment 1.

2. That pursuant to Regulation 35 of the Planning and Development (Local Planning Schemes) Regulations 2015, Council RESOLVES that in its opinion, Local Planning Scheme No.3, Amendment No.110 is a Standard Amendment for the following reasons:-

a. It is an Amendment that does not result in any significant environmental, social, economic or governance impacts on land in the scheme area; and

b. It is an Amendment that is not a complex or basic Amendment.

3. That AUTHORITY be given to the Mayor and Chief Executive Officer to sign and affix the Common Seal to Local Planning Scheme No.3 Amendment No.110 documents, and that the Amendment be REFERRED to the Western Australian Planning Commission and the Minister for Planning for determination


Item CP1 35

Report Purpose

To consider the outcomes of advertising of Local Planning Scheme No.3 (LPS3) Amendment No.110 to introduce a planning control into LPS3 for the Mirrabooka Town Centre that was omitted when the Minister for Planning approved Scheme Amendment No.85.

Relevant Documents

Attachments

Attachment 1 - Local Planning Scheme No.3 - Scheme Amendment No.110 Documentation (as modified for adoption) ⇩

Attachment 2 - Local Planning Scheme No.3 - Scheme Amendment No.110 Documentation (as previously initiated) ⇩

Attachment 3 - Local Planning Scheme No.3 - Scheme Amendment No.110 Documentation (with track changes) ⇩


Nil

Background

At its meeting held 21 August 2018, Council considered a report which recommended the initiation of Scheme Amendment No.110 and resolved (Council Resolution Number 0818/043) as follows:-

“1. That pursuant to the Planning and Development Act 2005, Council PREPARES Amendment No.110 to Local Planning Scheme No.3 as shown in Attachment 1.

2. That pursuant to Regulation 35 of the Planning and Development (Local

Planning Schemes) Regulations 2015, Council RESOLVES that in its opinion Local Planning Scheme No.3, Amendment No.110 is a Standard Amendment.”

The purpose of proposed Scheme Amendment No.110 is to introduce a clause into LPS3 that limits the ability to vary certain development standards for the area. This clause is fundamental to achieving the objectives of the planning scheme for the Mirrabooka Town Centre, but was omitted when the Minister for Planning granted approval for Scheme Amendment No.85. Without this modification, a decision-maker could approve development that could impact on the ability to deliver the vision for the area. The recommended Scheme Amendment will ensure that the following requirements are not subject to Clause 5.5.1 of the City’s LPS3 (which allows decision-makers the ability to vary development standards and requirements in the City’s LPS3):-

Construction of new retail floorspace outside the Mirrabooka Square Shopping Centre to create a Main Street prior to the expansion of the shopping centre;

Ceding of the identified public road connections free of cost to the Crown;

Provision of Public Open Space; and

Provision of an appropriate amount of car parking in the area.


Item CP1 36

Each of these provisions is fundamental to ensuring that the objectives of the Mirrabooka Town Centre Special Control Area are met. Allowing any of these standards to be varied, cumulatively or individually in a way in which planning for the area did not allow, runs the risk of the plan as a whole for the area not succeeding. For example, allowing the Mirrabooka Square Shopping Centre to expand without corresponding retail tenancies being created outside the shopping centre may fail to deliver a Main Street environment. In addition to reintroducing the provisions of Clause 6.8.3(b) into LPS3, a change to the land use permissibility for Nursing Home in the Mirrabooka Town Centre is also recommended. When the planning scheme changes for the Mirrabooka Town Centre came into effect in 2018, the zoning of land in the area changed, as did land use permissibility. Prior to this change, a Nursing Home was a ‘Discretionary’ use in the Mirrabooka Town Centre; and development approval has been granted for a Nursing Home (and other uses) at Lot 601, House Number 54, Mirrabooka Avenue, Mirrabooka. Since the change to, a Nursing Home is now a use that cannot be permitted. In order to rectify this, the zoning table for the Mirrabooka Town Centre needs to be changed so that a Nursing Home reverts to its previous ‘Discretionary’ use.


Item CP1 37

Figure 1 - Aerial Map of the Scheme Amendment No.110 area

Advertising of Scheme Amendment No.110 has concluded and this report considers submissions received during the advertising period.


Advertising of Scheme Amendment No.110 commenced on Tuesday 22 January 2019 and concluded on Tuesday 5 March 2019. It was carried out in accordance with the requirements of the Planning and Development (Local Planning Schemes) Regulations 2015 and the City’s Planning Consultation Procedure. An advertisement was placed in the Eastern Reporter on 22 January 2019 and 29 January 2019, placed on the City’s website, and placed on notice boards in the City’s Administration Centre for the duration of the advertising period. The City wrote to 1,249 owners and residents of land within 200m of the subject lots. Additionally, the City wrote to four government agencies and public authorities.


Item CP1 38

At the conclusion of the advertising period, four submissions were received – two individual submissions and two submissions from government agencies and public authorities (Water Corporation and Department of Education). This represents a response rate of 0.16% of letters sent to owners and residents, and a response rate of 0.32% overall. A summary of the relative locations of the submissions received is outlined in Table 1.

TABLE 1 - SUBMISSIONS RECEIVED - RELATIVE LOCATION

SUBMISSIONS RECEIVED WITHIN 200M RADIUS OF

PROPOSED SITE

REMAINDER OF THE CITY

ALL SUBMISSIONS

SUPPORT 0% 0% 0%

OBJECT 25% 25% 50%

OTHER (Not stated / No opinion /

Conditional) 0% 50% 50%

TABLE 2 - SUMMARY OF ISSUES RAISED IN SUBMISSIONS

SUBMISSION NUMBER

SUBMISSION DETAILS OFFICER COMMENT

1 Reticulated water and sewerage services and infrastructure planning is currently available throughout the subject area.

Developer to fund any new works required or the upgrading of existing works and protection of all works.

Noted.

No change.

2 No objection. Noted.

No change.

3 Objects to the proposed heights and size of the development opposite respondent’s property.

Noted.

The purpose of Scheme Amendment No.110 is to ensure that the key development requirements for the area are not able to be varied.

The submission refers to the development of a seven storey Retirement Complex at Lot 601, House Number 54, Mirrabooka Avenue, which is in the process of being constructed.

This building complies with the maximum height permitted (eight storeys) in the Mirrabooka Town Centre Local Development Plan.


Item CP1 39

SUBMISSION NUMBER


Scheme Amendment No.110 does not propose to change building height requirements.

Concerns regarding privacy. Noted.

The submitter lives approximately 50m from the development under construction at Lot 601, House Number 54, Mirrabooka Avenue.

This distance far exceeds the R-Codes Visual privacy requirements. In addition to this, landscaping and trees have been proposed to be planted on the verge between the development and Mirrabooka Avenue, which will assist in providing privacy for the dwellings across the road.

Concerns regarding potential congestion caused by the development.

Noted.

The purpose of Scheme Amendment No.110 is to ensure that the key development requirements for the area are not able to be varied.

The car parking for all sites in the Mirrabooka Town Centre are calculated based on the maximum road carrying capacity of the roads.

Scheme Amendment No.110 does not propose to change building height requirements.

4 (Late

submission)

Requests that Clause 6.8.3 b), which proposes to limit the ability of decision-makers to vary certain development standards in the Mirrabooka Town Centre, be deleted.

Noted.

It is recommended that this clause is retained.

Further information is provided further in this report.

Allow the requirement that Main Street floorspace is to be provided before Mirrabooka Square is extended to be varied.

Noted.


The creation of a main street in the Mirrabooka Town Centre is considered likely to enhance the attractiveness and vitality of the area.



Item CP1 40

SUBMISSION NUMBER


Allow maximum car parking standards of Table 6.8.14 a) to be varied.

Noted.


The City’s officers do not agree with the request to delete the clause as the planning for the area is likely to fail if there is too much traffic in the area.


Include a new note under Table 6.8.14 a) to allow existing levels of car parking for non-residential developments to be retained.

Noted.

This submission is supported, as there is a corresponding provision in Local Planning Policy 5.9 - Mirrabooka Town Centre Parking that allows parking for non-residential developments (that exceeds the permitted maximum car parking levels) to be retained.


Request deletion of Clause 6.8.10. Noted.

This clause did not form part of Scheme Amendment No.110, and therefore is not open for consideration.

Late submission

An additional submission was received after advertising of Scheme Amendment No.110 concluded. This was submitted on behalf of the owner of Mirrabooka Square Shopping Centre, and did not support the Scheme Amendment.

The objections raised by the submitter relate to the limiting of the ability of a decision maker to vary scheme requirements, the requirement for a main street to be provided prior to the expansion of Mirrabooka Square, the maximum car parking standards for the area, and the scheme provision that states that the City will seek to purchase land adjacent to the existing Town Square for its expansion.

The City’s officers provide the following comments to the submission in more detail below. Delete proposed Clause 6.8.3 b) that limits ability to vary development standards

Recommended Clause 6.8.3 b) proposes to limit the ability of decision-makers to vary certain development standards in the Mirrabooka Town Centre. This clause was part of Scheme Amendment No.85 which brought the planning framework for the Mirrabooka Town Centre area into alignment with the Planning and Development (Local Planning Schemes) Regulations 2015. This clause had been inserted to ensure that the objectives of the Mirrabooka Town Centre Special Control Area can be met.


Item CP1 41

Should this clause not be inserted into the City’s LPS3 Scheme Text, it will cause a risk that the plan for the Mirrabooka Town Centre may not be achieved as a decision-maker (the Metropolitan North-West Joint Development Assessment Panel or the State Administrative Tribunal) will be able to vary those design elements that are critical to the delivery of the plan for the Mirrabooka Town Centre. Each of the clauses that the City is seeking to exempt from being varied is fundamental to ensuring that the objectives of the Mirrabooka Town Centre Special Control Area are met. Allowing any of these standards to be varied, cumulatively or individually, in a way that planning for the area did not allow, runs the risk of the plan as a whole for the area not succeeding. For instance, should the amount of car parking in the area not be limited, this will cause traffic movement issues and create a car dominated environment, which will completely undermine the planning framework for the Mirrabooka Town Centre area. A similar clause has been retained by the Minister for Planning in the Stirling City Centre Scheme Amendment (Scheme Amendment No.84). As such, it is recommended that Clause 6.8.3 b) is retained. Allow requirement that Main Street floorspace is to be provided before Mirrabooka Square is extended to be varied Recommended Clause 6.8.10 requires the provision of street-orientated main street floorspace within the Mirrabooka Town Centre prior to the expansion of the shopping centre. This provision was approved by the Minister for Planning when Scheme Amendment No.85 was gazetted. One of the objectives of the Mirrabooka Town Centre Special Control Area is “to facilitate the development of a vibrant main street”. The submitter has requested that Clause 6.8.10 be removed from proposed Clause 6.8.3 b), as in their view it was “considered to be unacceptably restrictive and onerous from a commercial viability and a practical delivery point of view”. The removal of reference to Clause 6.8.10 from proposed Clause 6.8.3 b) would mean that an applicant would not have to provide main street orientated floorspace before the Mirrabooka Square Shopping Centre could be expanded. This is not supported by the City, as in the City’s view, it is essential that a main street environment is provided in this area if the shopping centre is to expand, to ensure it meets the objectives of the Mirrabooka Town Centre Special Control Area. The creation of a main street in the Mirrabooka Town Centre is considered likely to enhance the attractiveness and vitality of the area. This is anticipated to result in benefits for the area as a whole. The requirement for the provision of street-orientated main street floor space within the Mirrabooka Town Centre prior to the expansion of the shopping centre is part of the City’s LPS3, as it was previously supported by the Minister for Planning (Scheme Amendment No.85). Allow maximum car parking standards of Table 6.8.14 a) to be varied Recommended Clause 6.8.14 a) relates to parking for new development in the Mirrabooka Town Centre, and introduces maximum and minimum car parking requirements.


Item CP1 42

The planning for this area is based on limiting car parking and vehicle movements in the area to ensure that a level of car parking is provided in the area that can be accommodated without creating a car dominated environment. The City’s officers do not agree with the request to delete the clause as the planning for the area is likely to fail if there is too much traffic in the area. Include a new note under Table 6.8.14 a) to allow existing levels of car parking for non-residential developments to be retained The submitter requests that the Scheme Amendment be modified to allow sites that already contain more car parking than is envisaged by the planning framework for the area to retain existing levels of car parking. The submission is supported, as there is a corresponding provision in Local Planning Policy 5.9 - Mirrabooka Town Centre Parking that allows parking for non-residential developments (that exceeds the permitted maximum car parking levels) to be retained, at the City’s discretion. To provide consistency between the City’s LPS3 Scheme Text and Local Planning Policy 5.9 Mirrabooka Town Centre Parking, it is recommended that Scheme Amendment No.110 be modified to include the following note under Table 6.8.14 a):-

“5. Where an existing non-residential development, with approved parking in excess of the provisions set out in Table 6.8.14 a) of the Scheme Text applies for re-development, the City may, at its discretion, permit the existing level of parking to remain, subject to all of the parking in excess of the permitted level of car parking being provided and managed as Public Parking as outlined in Table 6.8.14 a)”.

Comment

Minor administrative modifications recommended after advertising Minor administrative modifications to Scheme Amendment No.110 are required to:-

Reword proposed new Clause 6.8.3(b) to reference correct clause numbers, which deal with limiting the ability of decision-makers to vary certain development standards in the Mirrabooka Town Centre; and

Reword point 2 to ensure reference to the correct Table number in the Scheme Text.

The proposed modifications are shown in Attachment 3. These modifications are administrative in nature, and do not change the intent of the Scheme Amendment. Options Option 1 – Not support Scheme Amendment No.110 (No change) This option involves not supporting the modifications to LPS3. This would mean there would be no limitations on what site and development requirements for the Mirrabooka Town Centre area can be varied. Additionally, a Nursing Home, which was previously a ‘Discretionary’ use, will no longer be permitted in the Mirrabooka Town Centre.


Item CP1 43

The costs and benefits of this option are as follows:- Costs

Fundamental requirements of the planning framework for the area may be varied, potentially compromising the plan for the area.

Nursing Home use will not be permitted. Benefits

No further expenditure of funds will be required. This option is not supported as it may fail to deliver key requirements of the plan for the Mirrabooka Town Centre. Additionally, a Nursing Home, which was previously a ‘Discretionary’ use, will no longer be permitted in the Mirrabooka Town Centre. Option 2 – Support Scheme Amendment No.110, as advertised This option involves supporting Scheme Amendment No.110 to introduce controls for the Mirrabooka Town Centre that would prevent key development standards from being able to be varied. This option also involves changing the zoning table for the Mirrabooka Town Centre to allow a Nursing Home to be approved. The costs and benefits of this option are as follows:- Costs

Costs associated with the processing of Scheme Amendment No.110 will be borne by the City.

As there are no Clauses 6.8.12(a)(i) and 6.8.12(b) in the City’s LPS3, the current wording of proposed new Clause 6.8.3(b) is incorrect. The proposed minor administrative change to replace those two clauses with the right clause number is required.

Benefits

Key development requirements that are fundamental to delivering the objectives of the Mirrabooka Special Control Area will be enforceable.

A use (Nursing Home) that could previously be approved in the area will continue to be capable of approval.

This option is not supported as a minor administrative change is required to ensure that the current wording of proposed new Clause 6.8.3(b) references the correct clauses. Option 3 – Support Scheme Amendment No.110, in a modified form This option involves supporting Scheme Amendment No.110 in a modified form to introduce controls for the Mirrabooka Town Centre that would prevent key development standards from being able to be varied. This option also involves changing the zoning table for the Mirrabooka Town Centre to allow a Nursing Home to be approved. The costs and benefits of this option are as follows:-


Item CP1 44

Costs

Costs associated with the processing of Scheme Amendment No.110 will be borne by the City.

Benefits

Key development requirements that are fundamental to delivering the objectives of the Mirrabooka Special Control Area will be enforceable.

A use (Nursing Home) that could previously be approved in the area will continue to be capable of approval.

There will be consistency between the Scheme Text and Local Planning Policy 5.9 – Mirrabooka Town Centre Parking Policy in relation to sites that exceed existing approved levels of car parking.

Administrative changes can be made to the original Scheme Amendment documents.

This option is supported as it will assist in delivering key requirements of the plan for the Mirrabooka Town Centre.

Amendment Type Regulation 35 of the Planning and Development (Local Planning Scheme) Regulations 2015 requires a resolution of a local government to prepare or adopt an Amendment to a local planning scheme. The resolution must:- (a) specify whether, in the opinion of the local government, the Amendment is a complex

Amendment, a standard Amendment or a basic Amendment; and (b) include an explanation of the reason for the local government forming that opinion.

Regulation 34 of the Planning and Development (Local Planning Scheme) Regulations 2015 identifies the various Amendment types.

The proposed Amendment to LPS3 is a Standard Amendment, as:- i) It is an Amendment that does not result in any significant environmental, social,

economic or governance impacts on land in the scheme area.

Should the proposed Amendment ultimately be gazetted, it would not result in any significant environmental, social, economic or governance impacts on land in the scheme area.

ii) It is an Amendment that is not a complex or basic Amendment.

The proposed Amendment is neither a Complex nor a Basic Amendment.

Implementation Implications

The development of a planning framework for the Mirrabooka Town Centre was a collaborative effort involving State and local government, and extensive community consultation.


Item CP1 45

The ability to successfully implement and deliver the objectives of the planning framework rests on the ability to ensure key development requirements for the area, such as:-

Requiring the development of a 'Main Street' area when the shopping centre expands; and

The ceding of land free of cost when development occurs to create the new roads that are required to make the plan work.

Until the ability to vary these key development requirements is reinstated into the City’s LPS3, a decision-maker (Council, the Metropolitan North-West Joint Development Assessment Panel, or the State Administrative Tribunal) has the ability to vary fundamental requirements of the plan for the area, potentially jeopardising the likelihood of the plan being successfully implemented. Should the Scheme Amendment be approved by the Minister for Planning, the modification will limit the ability for decision-makers to vary certain development requirements for the Mirrabooka Town Centre Special Control Area. Nursing Homes, which are currently a use that is not permitted in the Mirrabooka Town Centre, will also revert to the previous ‘Discretionary’ use.


Part 5 of the Planning and Development Act 2005, together with the Planning and Development (Local Planning Scheme) Regulations 2015, details the procedures for amending an existing Town Planning Scheme. Following Council’s resolution on 21 August 2018 to initiate LPS3 Amendment No.110, advertising commenced on 22 January 2019 and was carried out in accordance with the above requirements. Advertising concluded on 5 March 2019. As Scheme Amendment No.110 has been advertised for public comment, and submissions received, Clause 50(2) and (3) of Part 5 of the Planning and Development (Local Planning Scheme) Regulations 2015 apply, which states:-

(2) The local government –

(a) must consider all submissions in relation to a standard amendment to a local planning scheme lodged with the local government within the submission period; and

(b) may, at the discretion of the local government, consider submissions in relation to the amendment lodged after the end of the submission period but before the end of the consideration period.

(3) Before the end of the consideration period for a standard amendment to a local planning scheme, or a later date approved by the Commission, the local government must pass a resolution -

(a) to support the amendment without modification; or (b) to support the amendment with proposed modifications to address issues

raised in the submissions; or (c) not to support the amendment.


Item CP1 46

Clause 50(1) of Part 5 of the Planning and Development (Local Planning Scheme) Regulations 2015 requires the local government to consider all submissions received in relation to a Standard Scheme Amendment within 60 days of the end of the submission period. The submission period for Scheme Amendment No.110 closed on 5 March 2019, and will be considered by Council at its meeting to be held 26 March 2019. Consequently, the 60-day timeframe as required in the Planning and Development (Local Planning Scheme) Regulations 2015 will be met. The Planning and Development (Local Planning Scheme) Regulations 2015 also require a local government to forward the Scheme Amendment to the Western Australian Planning Commission within 21 days of passing a resolution on a Scheme Amendment.


All costs associated with the proposed Amendment will be borne by the City Planning Business Unit’s 2018/2019 budget.


Theme 1: Liveable City and Thriving Neighbourhoods Objective 1.1: A Strong Sense of Place



ENVIRONMENTAL

Issue Comment

Greenhouse emissions The planning framework for the Mirrabooka Town Centre will reduce travel demand and increase use of public transport by focusing population, employment and retailing in a compact town centre well served by high frequency buses.

SOCIAL

Issue Comment

Equity The planning framework for the Mirrabooka Town Centre will provide a diversity of housing in a non-car dependent location.

Health, wellbeing and safety The provision of housing in a vibrant urban environment will encourage walking and facilitate community interaction.


Item CP1 47

ECONOMIC

Issue Comment

Job creation The development of the Mirrabooka Town Centre will attract investment and facilitate the creation of jobs.

Transport and infrastructure The development of the Mirrabooka Town Centre will facillitate employment opportunities and housing in a walkable environment well served by high frequency buses.

Conclusion

The purpose of Scheme Amendment No.110 is to re-introduce a clause that was omitted when the Minister for Planning granted final approval for Scheme Amendment No.85. This recommended modification will limit the ability for developers to vary certain development requirements for the Mirrabooka Town Centre Special Control Area. If this clause is not introduced, there is a risk that the objectives of the area may not be achieved. Although the City notes that the clause was previously omitted when Scheme Amendment No.85 was gazetted, the City considers it essential that certain development standards be exempt from being varied in order for the plan for the Mirrabooka Town Centre to succeed. In order to rectify this, and to address a zoning and land use permissibility issue that has arisen in relation to Nursing Homes since the planning framework for the Mirrabooka Town Centre has changed, it is recommended that Council supports (adopts) Scheme Amendment No.110 in a modified form, as shown in Attachment 1.


Item CP1 - Attachment 1 - Local Planning Scheme No.3 - Scheme Amendment No.110 Documentation (as modified for adoption) 48


Item CP1 - Attachment 2 - Local Planning Scheme No.3 - Scheme Amendment No.110 Documentation (as previously initiated) 49


Item CP1 - Attachment 3 - Local Planning Scheme No.3 - Scheme Amendment No.110 Documentation (with track changes) 50


Item CP2 51

CP2 LOCAL PLANNING SCHEME NO.3 - DRAFT LOCAL PLANNING POLICY 6.14 - FOOTPATH TRADING AND ACTIVATION - INITIATION

Report Information

Location: City Wide

Applicant: Not Applicable

Reporting Officer: Manager City Planning

Business Unit: City Planning

Ward: City Wide

Suburb: City Wide


Definition



☒ Legislative includes adopting local laws, town planning schemes and policies. It is also when Council reviews decisions made by Officers.

☐ Quasi-Judicial when Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (e.g. under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal.



Moved Councillor Irwin, seconded Councillor Proud

THE COMMITTEE RECOMMENDS TO COUNCIL

That ‘Local Planning Policy 6.14 – Footpath Trading and Activation’ be PREPARED and advertised for public comment as shown in Attachment 1.



Item CP2 52

Recommendation

That ‘Local Planning Policy 6.14 – Footpath Trading and Activation’ be PREPARED and advertised for public comment as shown in Attachment 1.

Report Purpose

To obtain a resolution of Council to advertise Local Planning Policy 6.14 – Footpath Trading and Activation.

Relevant Documents

Attachments

Attachment 1 - Draft Local Planning Policy 6.14 – Footpath Trading and Activation (to be Advertised) ⇩

Attachment 2 - Draft Footpath Trading and Activation Self-Assessment Checklist (to be Advertised) ⇩


Nil

Background

A key purpose of the land use planning system is to create better places, while facilitating development in accordance with State and Local Planning Policy. The City’s commercial centres play an important role in making this happen. To achieve this, a key objective of the City’s Local Planning Scheme No.3 (LPS3) is:-

‘To provide for convenient attractive and viable commercial centres, which service the needs of the community and are accessible to pedestrians, cyclists and public transport users as well as motorists’.

Additionally, the vision for the City’s draft Local Planning Strategy that was recently endorsed by Council is to Focus investment, jobs and growth on corridors and centres around transit; improve the quality of suburbs and centres and the overall liveability of the City. To achieve this vision, the Local Planning Strategy contains the following objectives:-

Prioritise Growth and Investment in Activity Centres and Corridors;

Keep the Jobs We Have Now and Grow Them;

Transport and Land Use Will Be Coordinated and Integrated; and

Improving the Quality and Liveability of the City. Also, the City Strategic Community Plan 2018 – 2028 seeks to:-

Create vibrant entertainment and visitor precincts;

Promote City iconic attractions and events;


Item CP2 53

Promote investment and partnership opportunities;

Make it easier to do business with the City; and

Support and facilitate local small business growth. One way that these different objectives can be achieved is by activating the City’s footpaths and other public spaces by encouraging outdoor dining and trading on the footpath. Many of the City’s adopted land use strategy documents, such as the Beaufort Street Activity Corridor strategy, seek to create better public spaces to build and create a sense of place for the area. Appropriately located and designed outdoor dining facilities, street displays, on-street trading, and other temporary and semi-permanent activities and installations can make a significant contribution to the vitality and ambience of public places and urban lifestyles. Draft Local Planning Policy 6.14 – Footpath Trading and Activation recommends a regulatory process and set of design standards which will encourage innovation in place activation. For the purpose of Local Planning Policy 6.14 – Footpath Trading and Activation, ‘activation’ is defined as:-

The use of public places by the occupants of adjoining commercial premises for the purposes of street trading, commercial display, outdoor dining, ground-based signage, furniture, amenities and decoration.

Place activation enhances amenity, ambience and activity of the public realm and is an essential component to the creation of vibrant, interesting, liveable and walkable commercial centres. Outdoor dining areas, trade displays, events and other forms of activation can also have direct economic benefits for individual businesses through expanded and more desirable trading areas, whilst also contributing broader benefits towards the economic performance of urban centres. Despite this, many forms of development on footpaths require development approval which can be a barrier to these activities taking place. The process for approving development on footpaths is not simple, and involves multiple policies and local laws. Because of this, there is a lack of clarity as to what is allowed, and sometimes difficulty in co-ordinating the City’s requirements. Currently, the following instruments are relevant when considering proposals for place activation:-

Thoroughfares and Public Places Local Law 2009;

Stallholders and Traders Permits in Thoroughfares Policy;

Outdoor Eating Facilities in Public Places Policy;

Local Planning Policy 4.1 Reserves and Other Zones Design Guidelines;

Local Planning Policy 4.2 Mixed Use and Commercial Centre Design Guidelines; and

Local Planning Policy 6.1 Advertising Signs. In addition to these instruments, other requirements, such as engineering, apply. Should Council ultimately adopt Local Planning Policy 6.14 – Footpath Trading and Activation, the ‘Stallholders and Traders Permits in Thoroughfares Policy’ and ‘Outdoor Eating Facilities in Public Places Policy’ will need to be rescinded.


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In particular, the City’s Thoroughfares and Public Places Local Law 2009 sets out the requirements, conditions and other matters for persons wishing to display or trade goods, establish an outdoor eating area, or erect advertising signs on thoroughfares which are under the City’s care, control and management. This local law allows street activation to be approved, and requires the City to issue a permit before the use can occur. However, the local law provides limited guidance about appropriate forms of activation, with only high-level matters to be considered by the City when determining an application. The City has no formal requirements to guide proposals for the placement of furniture and decoration (e.g. planter boxes, benches and bicycle racks) on footpaths that do not form part of an outdoor dining facility. Furthermore, there is no formal process for the assessment and approval of this form of activation. This policy gap is recommended to be filled by Local Planning Policy 6.14 – Footpath Trading and Activation. The following instruments are relevant, but play a lesser role when considering proposals for place activation:-

New Footpath Policy;

Verge Treatment Policy;

Australia New Zealand Food Standards Code; and

Events Application Guidelines and Requirements. The City’s records indicate there are 27 active Outdoor Dining Licenses within the City, which are mostly in tourism destinations and established areas such as Scarborough, Mount Lawley and Inglewood. It is noted the Outdoor Dining Licenses in Scarborough are within the Scarborough Redevelopment Area. Local Planning Policy 6.14 - Footpath Trading and Activation will not apply to the Scarborough Redevelopment Area until such time as the statutory town planning responsibilities for this area are transferred back to the City. The draft Local Planning Policy 6.14 - Footpath Trading and Activation has been developed consistently with the City’s Thoroughfares and Public Places Local Law 2009 and identifies the types of activation that can take place on a footpath, as well as specifying what types of activation may take place without development approval. This is recommended to reduce red tape and promote street activation.

Comment

The draft Local Planning Policy 6.14 – Footpath Trading and Activation will fill the City’s policy gap and clarify the requirements for different types of place activation; it seeks to reduce regulatory and cost barriers to enable businesses to activate public spaces easily with as few requirements as practical. By establishing a clear policy framework, the City can deliver a simplified regulatory process which:-

Removes the need for development approval where a proposal meets the requirements of the policy;

Enables a streamlined assessment and determination of proposals;

Reduces costs; and

Provides clear guidance to applicants of the City’s requirements.


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A key element of the recommended policy is to identify areas on the footpath where activation can occur, and to identify minimum pedestrian clearance (footpath) areas to ensure that activation does not affect the ability for pedestrians to freely move. Policy application The Thoroughfares and Public Places Local Law 2009 requires common forms of street activation to be issued with a permit or a license before the activity can occur, and, depending on the type of activity, different Business Units are responsible for this. It is recommended that the existing permits process be consolidated and a single Permit issued for activation proposals which meet the requirements of Local Planning Policy 6.14. The recommended policy applies to a range of activation types such as:-

Outdoor dining;

Street trading;

Product display; and

Placement of furniture and decorations on footpaths, including:-

o Freestanding umbrellas;

o Pot plants;

o Planter boxes; and

o Ground-based advertising (A-frame) signs.

The recommended Local Planning Policy 6.14 – Footpath Trading and Activation seeks to provide further guidance to applicants and identifies that responsibility for the assessment and determination of activation proposals is given to a single Business Unit. Streamlining the approval process To streamline the approval of activities, a self-assessment process is recommended that will allow a Permit to be issued where an activity complies with the requirements of the policy. When a Permit is issued, no other approvals will be required. A Permit for footpath activation and trading will only be issued to the owner or operator of premises fronting the public place where the activity will be situated, with clear and unobstructed access to this area. Use of a neighbouring footpath area shall only be permitted where the owner and/or occupier of the neighbouring premises provides written consent for the proponent’s use of the area. Exempting proposals from requiring development approval To streamline the approvals process, ‘deemed-to-comply’ standards have been incorporated into the policy. Proposals seeking to vary these standards will require development approval, and will be assessed against the objectives of the policy, with input from relevant Business Units, where necessary. Currently, the use of road reserve for development requires development approval, so requiring a development application for a proposal that does not meet the ‘deemed-to-comply’ standards of the policy is no different from what currently occurs. However, those applicants that meet the deemed-to-comply standards in the proposed Policy will not need development approval.


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This approach will assist with stimulating activation on the City’s footpaths in appropriate locations. Public Liability Insurance The Thoroughfares and Public Places Local Law 2009 enables the City to impose a condition on a Permit relating to ‘the obtaining of public risk insurance in an amount and on terms reasonably required by the City’. The City’s Outdoor Eating Policy, which is consistent with the provisions of the Thoroughfares and Public Places Local Law 2009, requires:-

An application for approval for an outdoor eating area on a thoroughfare must be accompanied by ‘written particulars of arrangements made in respect of public liability insurance coverage in the sum of $10 million for the City of Stirling and licensee in respect of the outdoor eating areas’; and

A permit holder must ‘keep current his/her public liability insurance in not less than $10,000,000 indemnifying the City from any claims that may arise out of use of the area that is subject to the permit’.

This means that anyone who has a permit to use a footpath for ‘activation activities’ has a legal obligation to have and maintain a public liability insurance policy in (or for not less than) the sum of $10 million. Because of this, the City has the legal responsibility for ensuring that:-

An applicant for a Permit provides evidence of the required public liability insurance; and

A permit holder maintains the required public liability insurance throughout the period the permit is in force.

The Thoroughfares and Public Places Local Law 2009 allows the City to cancel a permit if the permit holder does not maintain public liability insurance policy. Advice in relation to public liability insurance has been sought from the City’s lawyers and insurers. As a result Local Planning Policy 6.14 - Footpath Trading and Activation contains a requirement for an operator to have public liability insurance. Thoroughfares and Public Places Local Law The City’s Thoroughfares and Public Places Local Law 2009 allows permits to be issued for activation on footpaths through issuing ‘Traders/Stallholders Permits’ and ‘Outdoor Eating Area Permits’ and is controlled by multiple Business Units. To streamline activation, it is recommended that the existing permits process be modified with the Development Services Business Unit responsible for the processing of proposals for activation and the issuing of a single Permit. The draft Local Planning Policy 6.14 - Footpath Trading and Activation provides a set of requirements for applicants seeking to obtain a Permit under the Thoroughfares and Public Places Local Law 2009. This will allow the exemptions from requiring development approvals contained in Local Planning Policy 6.14 – Footpath Trading and Activation to be implemented, assuming Council adopt the policy after advertising.


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The City’s Thoroughfares and Public Places Local Law 2009 is being reviewed, and a Councillor workshop to inform this review was held on the 11 March 2019. The Thoroughfares and Public Places Local Law 2009, and its relevance to this recommended Local Planning Policy is discussed further in this report. Key Policy Provisions The key provisions contained in the draft Local Planning Policy 6.14 - Footpath Trading and Activation are as follows:- Exemption from requiring development approval The draft Local Planning Policy proposes to exempt footpath trading and activation activities that meet the requirements of the Policy from the need to obtain development approval. This will make it easier and quicker for businesses to use the footpath in front of their tenancy, which will help to activate these areas, making them more attractive for visitors and residents. Proposals which meet the requirements of the Policy, as demonstrated through the Self-Assessment Checklist, will be issued with a Permit. The Applicant will also need to provide a copy of their Certificate of Currency (Public Liability Insurance) when submitting their Permit application and maintain the required public liability insurance throughout the period the permit is in force. Location and Siting Standards The Policy defines the following types of ‘Footpath Activation Areas’ where activation can be permitted:-

‘Building Activation Area’ - located adjacent to the building frontage where footpaths are narrower.

‘Kerbside Activation Area’ - located adjacent to the kerb for wider footpaths.

Footpath activation areas are not permitted to exceed 30m2. To ensure adequate space is set aside for pedestrians, ‘Clearance Zones’ are proposed within the footpath within which Footpath Activation Areas cannot encroach. A key function of ‘Clearance Zones’ is to maintain pedestrian access and sight lines. Proposals to locate items outside of prescribed ‘Clearance Zones’ will trigger the requirement for development approval. Additionally, ‘Clearance Zones’ are recommended for bus stops and at street corners, and adjacent to kerbside areas. Furniture and Decoration ‘Furniture and Decoration’ refers to items which may be permitted within Footpath Activation Areas including tables, chairs, shade devices, planter boxes, screens, heating devices and lighting. These elements should contribute to the local street character and enrich the experience for pedestrians and visitors to the area.


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These items may be temporary, semi-permanent or permanent. The recommended Policy permits temporary and semi-permanent ‘Furniture and Decoration’ items within the specified ‘Footpath Activation Areas’ to the extent they are able to be moved at the request of the City. Permanent items, however, will require development approval. Options The following options are available to Council. Option 1 - Not prepare draft Local Planning Policy Local Planning Policy 6.14 - Footpath Trading and Activation. This option retains the requirement that all activities on the verge and footpath require development approval before they can occur. The costs and benefits of this option are outlined below:- Costs

Time and administrative burden to businesses who want to activate the area in front of their business.

Not responding to community and market changes which have seen the increasing demand for activation.

Continued lack of clarity about what the City will allow on the footpath.

Continued prevalence of unauthorised activation activities.

Benefits

No further work is required. This option is not supported as it does not address the existing difficulties in trying to facilitate activation, and does not articulate to the community the City’s requirements for allowing this form of activity. Option 2 – Prepare Local Planning Policy Local Planning Policy 6.14 - Footpath Trading and Activation. This option involves preparing a local planning policy to establish a clear policy framework to encourage activation of public places without the requirement for development approval to be obtained for compliant proposals, whilst maintaining effective standards in relation to health, safety and maintenance. The costs and benefits of this option are outlined below:- Costs

Nil.

Benefits

Streamlined approval process.

Makes it easier for street activation to occur to improve local amenity of adjacent businesses and residents.

Carefully planned and well managed footpath trading areas will have social and economic benefits, and encourage community interaction.


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This option is recommended as it will help encourage the practice of street activation to create vibrant, innovative and economically successful activity centres and public places, without the need to obtain development approval.


If Council resolves to prepare draft Local Planning Policy 6.14 - Footpath Trading and Activation, consultation would be undertaken in accordance with the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 and the City’s Planning Consultation Procedure. The draft Policy is required to be advertised for 28 days, with notices placed in local newspapers for two consecutive weeks. Relevant community groups and public authorities will also be advised. A notification will also be placed on the City’s website and on the noticeboard in the City’s administration building for the duration of the advertising period. All Councillors will also be notified of the advertisement of the Policy via the Councillors’ Portal. In addition to statutory advertising requirements, a targeted campaign to bring the draft Policy to the attention of local business owners would be undertaken, involving the use of the City’s Business E-Newsletter (which is sent to 21,000 businesses in the City) and the use of social media.

Implementation Implications The Planning and Development (Local Planning Schemes) Regulations 2015 allow a local government to use a Local Planning Policy to exempt development from requiring development approval. The recommended approach will provide clarity about what the City will permit on its footpaths, and, subject to meeting the requirements of the policy, will exempt many types of activation that currently require development approval. The process for self-assessment is identified in Figure 1 below. This process requires a proponent to complete a Footpath Trading and Activation Self-Assessment Checklist (Attachment 2) and provide a sketch of the use of the footpath. This checklist and sketch will be reviewed by the City’s officers and, if compliant with the policy, a Permit will be issued. If the proposal is not compliant, the proponent will be contacted and advised to either amend the proposal or submit a development application for assessment. The processing of proposals for activation work will be simplified from requiring the involvement of multiple Business Units to a single point of contact. This will be undertaken by the City’s Development Services Business Unit, whether this is the issuing of a permit, monitoring compliance with permit conditions, or an assessment of a development application. The resource implications associated with this work are not considered likely to be significant, but will be reviewed by the City’s Development Services Business Unit to determine the impact, if any, on the operation of the Business Unit.


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Figure 1 – Process for considering proposals for place activation

Need to Amend the Delegated Authority Register Sections 5.42 and 5.44 of the Local Government Act 1995 provides Council with the ability to delegate its functions to the City’s Chief Executive Officer and allows the Chief Executive Officer to on-delegate these powers/duties to City employees. The City’s Delegated Authority Register provides a record of these delegations and any conditions imposed on the delegation. Under the City’s Delegated Authority Register, the following functions of Council, relating to the Thoroughfares and Public Places Local Law 2009, are delegated to officers within the Community Safety Business Unit:-

Determine the form of the application for a permit.

Approve or refuse a permit.


Item CP2 61

Cancel a permit where the permit holder has not complied with a condition of the permit or a provision of any written law which may relate to the activity regulated by the permit.

It is recommended that the Development Services Business Unit be responsible for assessing permit applications. Should Council adopt Local Planning Policy 6.14 - Footpath Trading and Activation after advertising, the Chief Executive Officer will need to delegate the relevant functions relating to the Thoroughfares and Public Places Local Law 2009 to the Development Services Business Unit. Scarborough Redevelopment Area The Scarborough Redevelopment Area is administered by the Metropolitan Redevelopment Authority and subject to the Scarborough Redevelopment Scheme. Local Planning Policy 6.14 - Footpath Trading and Activation has been prepared pursuant to Part 2 of the City’s LPS3 and therefore will not apply to the Scarborough Redevelopment Area until such time as this area is transferred back to the City.


The Planning and Development (Local Planning Schemes) Regulations 2015 outline the process for preparing a Local Planning Policy, and state:- (1) If the local government resolves to prepare a local planning policy the local

government must, unless the Commission otherwise agrees, advertise the proposed policy as follows–

(a) publish a notice of the proposed policy in a newspaper circulating in the Scheme

area, giving details of - (i) the subject and nature of the proposed policy; and (ii) the objectives of the proposed policy; and (iii) where the proposed policy may be inspected; and (iv) to whom, in what form and during what period submissions in relation to the

proposed policy may be made; (2) The period for making submissions in relation to a local planning policy must not be

less than a period of 21 days commencing on the day on which the notice of the policy is published under subclause (1)(a).

A local planning policy may be adopted to exempt certain activities from the requirement for development approval as detailed under Clause 61 of the Planning and Development (Local Planning Schemes) Regulations 2015, which states:- (1) Development approval of the local government is not required for the following works –

(h) the erection or installation of a sign of a class specified in a local planning policy or

local development plan that applies in respect of the sign unless the sign is to be erected or installed – (i) on a place included on a heritage list prepared in accordance with this

Scheme; or (ii) on land located within an area designated under this Scheme as a heritage

area;


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(i) the carrying out of any other works specified in a local planning policy or local development plan that applies to the development as works that do not require development approval;

(2) Development approval of the local government is not required for the following uses –

(e) any other use specified in a local planning policy or local development plan that

applies to the development as a use that does not require development approval; Review of Thoroughfares and Public Places Local Law At its meeting held 12 June 2018, Council resolved (Council Resolution Number 0618/008) to commence a review of the Thoroughfares and Public Places Local Law 2009, with the intent to modernise its composition and ensure a clear connection with relevant policies. This review process is currently underway. The draft Local Planning Policy 6.14 - Footpath Trading and Activation has been drafted to operate under the current Thoroughfares and Public Places Local Law 2009 and can be modified prior to adoption, consistent with any changes to the local law. Part 6 of the City’s Thoroughfares and Public Places Local Law 2009 sets out the requirements and conditions for obtaining a Permit to display or trade goods, establish an outdoor eating area, or erect advertising signs on thoroughfares which are under the City’s care, control and management. Clause 6.1(2) of the City’s Thoroughfares and Public Places Local Law 2009 states an application for a permit under this local law must:-

(a) be in the form determined by the City;

(b) be signed by the applicant;

(c) provide the information required by the form;

(d) contain any other information required, for that particular type of permit, under this local law; and

(e) be forwarded to the City together with any fee imposed and determined by the City under and in accordance with sections 6.16 to 6.19 of the Act.

It is recommended that applications for a Permit to allow footpath trading and activation provide a completed Footpath Trading and Activation Self-Assessment Checklist and a sketch of the use of footpath. The checklist and sketch will be reviewed by the City’s officers, and if compliant with Local Planning Policy 6.14 - Footpath Trading and Activation, a Permit will be issued. In making a decision on an application for a Permit, Clause 6.2 of the City’s Thoroughfares and Public Places Local Law 2009 states:- (1) The City may –

(a) approve an application for a permit unconditionally or subject to any conditions; or

(b) refuse to approve an application for a permit.

(2) If the City approves an application for a permit, it is to issue to the applicant a permit in the form determined by the City.


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(3) If the City refuses to approve an application for a permit, it is to give written notice of that refusal to the applicant.

The checklist and sketch will be reviewed by the City’s officers, and if compliant with the policy, a Permit will be issued and a development application will not be required, in accordance with Clause 61 of the Planning and Development (Local Planning Schemes) Regulations 2015. If the proposal is not compliant, the proponent will be contacted and advised to either amend the proposal or submit a development application for assessment.


The costs associated with advertising the draft Local Planning Policy 6.14 - Footpath Trading and Activation are covered within the City Planning Business Unit’s budget. To encourage street activation to occur, it is recommended that the imposition of a fee be waived for Permits for footpath trading and activation. This is consistent with Council’s decision to waive the fees for Outdoor Dining Permits in the 2018/2019 budget.


Theme 1: Liveable City and Thriving Neighbourhoods Objective 1.6: Active and Vibrant City Theme 5: Prosperous City Objective 5.1: Great Place to Work, Invest and Do Business



ENVIRONMENTAL

Issue Comment

Greenhouse emissions Improvements to local services and centres will encourage local community engagement, thereby reducing the need travel by car.

SOCIAL

Issue Comment

Amenity The draft policy provides a regulatory process and design standards which encourage a vibrant and safe public realm.

Community engagement Various forms of place activation can encourage more people to participate in activities contributing to the vibrancy, ambience and vitality of urban areas.


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ECONOMIC

Issue Comment

Dvlpmt of key business sectors The provision of a more streamlined and clear process, which exempts compliant footpath activation proposals from requiring approval will aid in stimulating economic activity in the City.

Conclusion

It is widely acknowledged that various forms of place activation can make significant contributions to the vibrancy, ambience and vitality of urban areas. The processes surrounding assessment and approval of such proposals in the City are currently complex and can be simplified. The draft Local Planning Policy 6.14 - Footpath Trading and Activation will streamline the approval process and provide greater clarity for proponents regarding activation requirements on the City’s verges and footpaths. This will in turn provide opportunities for place activation, and stimulate economic activity in the City. It is therefore recommended the draft Local Planning Policy 6.14 - Footpath Trading and Activation be advertised for public comment.


Item CP2 - Attachment 1 - Draft Local Planning Policy 6.14 – Footpath Trading and Activation (to be Advertised) 65


Item CP2 - Attachment 2 - Draft Footpath Trading and Activation Self-Assessment Checklist (to be Advertised) 78


82

9. MATTERS BEHIND CLOSED DOORS

Nil.

10. CLOSURE

The Presiding Member declared the meeting closed at 6.49pm. These minutes were confirmed as a true and correct record of proceedings on:- ………/…………/ 2019 SIGNED:- Councillor Name: …………………………………….. _____________________________

PRESIDING MEMBER