Ordinary Meeting of Council
17 March 2010
3.4
PROPOSED MODIFICATION TO OUTLINE DEVELOPMENT PLAN NO
139/A - LOT 4 (285) RAILWAY PARADE, UPPER SWAN
(Ellenbrook) (Development Services)
KEY ISSUES
•
The subject site is bounded to the west by The Vines (Mews Estate), the future
Ellenbrook Village 7 development area to the north and Railway Parade to the east.
Bush Forever Site No. 300, which includes portions of the Ellen Brook and Sawpit
Gully, dissects the site and is zoned Parks and Recreation Reserve under both the
Metropolitan Region Scheme (MRS) and Local Planning Scheme No.17 (LPS 17).
The site is also affected by two Conservation Category Wetlands.
•
A condition of subdivision requires:
“(31)
A Fire Management Plan being prepared and implemented to the
specifications of the local government and the Fire and Emergency Services
authority and such easements required to facilitate emergency access being shown
on the Deposited Plan.”
•
The applicant has advised that both the City of Swan and Fire Plan WA want the
subdivision design to be amended in order to provide for fire separation for lots on
the southern boundary, in the south western corner of the site.
•
The applicant has submitted a modified Outline Development Plan (ODP). The
proposed modifications are considered minor in nature and entails a road interface
between the development and Ellen Brook in the South Western corner of the site
in order to achieve ‘fire separation’ as recommended by a Fire Management Plan.
•
The proposal was advertised for public comment and referred to relevant agencies
in accordance with Local Planning Scheme No. 17 requirements. One objection
from a nearby landowner was received. The objection to the proposed modification
relates to potentially increased noise associated with increased traffic. The
proposed modification does not increase the lot yield that has already been
endorsed by Council or increase or change the road connections to the existing
Vines road network.
It is recommended that Council resolve to endorse the modified ODP 139/B in
accordance with the plans date stamped received 16 November 2009 subject to the
annotations on the plan.
AUTHORITY/DISCRETION
Council has discretion under Clause 5A.1.14.1 of Local Planning Scheme No. 17 to
approve Outline Development Plans and modifications to Outline Development Plans.
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Ordinary Meeting of Council
17 March 2010
BACKGROUND
Applicant:
Owner:
Zoning:
TPS -
MRS Development Scheme:
Existing Land Use:
Lot Size:
Area:
Use Class:
TPG Town Planning & Urban Design
Clarendon Residential Group Pty Ltd
Directors: Jonathan Peter Callaghan, Scott Douglas
MacDonald, Lloyd Robert Jenkins.
Residential Development, General Rural, Special Use,
Regional Reserve - Parks and Recreation.
Urban, Parks & Recreation, Rural
LPS 17
Residential
28.1696ha
28.1696ha
Residential “P”
DETAILS OF THE PROPOSAL
History
The original ODP 139 encompasses 28.1696 hectares of land area of which
approximately 6.77 hectares of the site is zoned for Parks and Recreation Reserve
under the Metropolitan Region Scheme and Local Planning Scheme No. 17.
ODP 139 was originally endorsed by Council at its meeting of 7 June 2000 and
subsequently by the WAPC. The original plan provided for 227 residential lots varying
in density from R2.5 to R40, a country club site, a total of 3.5 hectares of public open
space and land zoned for Parks and Recreation Reserve.
In 2005 the applicant lodged an application for the modification of ODP 139. The
proposed modification to the endorsed plan sought to create 205 residential lots at an
R25 density, one rural lot in the south eastern corner of the site, one grouped dwelling
site coded R60 with the potential for a maximum of 16 dwellings, a retirement village
lot with the potential for a maximum of 159 aged person's accommodation adjacent to
a private conservation area, a commercial site of 350m2 and an 11,140m2 area of
public open space.
The application was presented to Council at the OCM held on 14 June 2006. Council
resolved to endorse the modified ODP 139/A, subject to modifications. The requested
modifications were made and the Council resolution was forwarded to the WAPC for
consideration.
On 5 October 2007 the WAPC resolved to support ODP 139/A, subject to further
modifications being made. The requested modifications were completed and endorsed
by the City of Swan.
In 2008, the applicant lodged an application to subdivide the site, in accordance with
the provisions of ODP 139/A, with the WAPC. The application was referred to the City
of Swan for comment. The City requested that a condition of subdivision be included
on the subdivision approval requiring the applicant to fund the construction of Railway
Parade, from Apple Street, including the construction of a bridge over Ellen Brook.
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Ordinary Meeting of Council
17 March 2010
The applicant subsequently appealed the abovementioned subdivision condition to
SAT. Following the SAT mediation process, a Minute of Consent Orders was signed
resulting in the cost contribution condition being deleted and replaced with the
following:
“1. (a) Prior to endorsement of the Diagram of Survey/Deposited Plan for Stage 1
(Lots120 – 211) the following are required:
(i)
The subdivider is to pay a contribution to the City of Swan for the
upgrade to Henley Brook Drive in accordance with the City of Swan
Policy C-088 ‘Subdivider Contributions – Henley Brook Drive (south of
Morgan Fields, Henley Brook and North of Park Street) and Millhouse
Road’ (POL-C-088)
(ii)
The subdivider is to construct a cul-de-sac treatment to Champagne
Terrace to the specifications of the City of Swan; and
(iii)
The subdivider is to prepare a Deed with the City of Swan to provide for
a contribution to the upgrade and/or construction of Railway Parade
from Apple Street to the southern boundary of the subject land to the
specifications of the City of Swan, such contribution is not liable to be
calculated and paid until lodgement of the Deposited Plan for Stage 2.
(b)
Prior to endorsement of the Diagram of Survey/ Deposited Plan for Stage 2
(Lots 1 – 117), suitable arrangements being made with the Local Government
for the upgrading and/or construction of Railway Parade, from Apple Street to
the southern boundary of Lot 4, including the crossing of Ellen Brook, to the
specifications of the City of Swan and the satisfaction of the Western Australian
Planning Commission. The cost of upgrading/construction of Railway Parade is
a matter to be negotiated between the subdivider and the Local Government.
(c)
If as a result of any modification to ODP 139/A to connection from the subject
land along Railway Parade to Apple Street is not required, prior to endorsement
of the Diagram of Survey/Deposited plan for Stage 2 other suitable
arrangements must be made by the subdivider with the City of Swan for:
(i)
construction/upgrade of a road connection to Maralla Road, and
(ii)
a contribution to Henley Brook Drive upgrade in accordance with the City
of Swan POL-C-088.”
The subdivision approval was also amended to include the following condition:
“(31)
A Fire Management Plan being prepared and implemented to the
specifications of the local government and the Fire and Emergency Services
authority and such easements required to facilitate emergency access being
shown on the Deposited Plan.”
Both the City of Swan and Fire Plan WA have advised the applicant that the
subdivision design will need to be amended in order to provide for fire separation for
lots on the southern boundary, in the south western corner of the site.
The proposed modification to ODP 139/A includes a road interface between the
development and Ellen Brook in the South Western corner of the site. The modification
has been proposed in order that the development can comply with the
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17 March 2010
recommendations of the Fire Management Plan in order to clear the condition of
subdivision.
The subdivision cannot be cleared until ODP 139/A has been modified in the manner
requested by the applicant and is further endorsed by advice provided to the applicant
by the City of Swan and Fire Plan WA.
DESCRIPTION OF SITE
Lot 4 has a total area of 28.1696ha. The site is bounded to the west by The Vines (The
Mews), the future Ellenbrook Village 7 development area to the north, Railway Parade
to the east and rural properties to the south along Railway Parade. Bush Forever Site
No. 300 covers portions of the land affected by the Ellen Brook and Sawpit Gully which
dissects the subject land to the south east. The Bush Forever site is protected by a
Parks and Recreation Reservation under both the Metropolitan Region Scheme and
Local Planning Scheme No. 17.
Lot 4 has an existing dwelling and associated outbuildings. A large horse training track
is located on the south western corner of the site. A large man made dam is located
on the eastern side of the property. The site is largely cleared with the exception of
vegetation along the Ellen Brook and the Sawpit Gully. The land is gently undulating in
topography in the south western portion of the site becoming quite steep along the
banks of the Sawpit Gully, Ellen Brook and around the man made dam on the site.
Two designated wetland areas exist on the site, both of which are classified by the
Department of Environment and Conservation as ‘Conservation Category Wetlands’
(CCW).
SITE HISTORY/PREVIOUS APPROVALS
Development Applications
Subdivision Applications
02/04/2009, Signage
16/10/2009, Sales Office & Temporary Road
18/06/2007, Subdivision (Residential & POS)
20/10/2009, Subdivision (209)
20/10/2009, Approval Issued (State
Administrative Tribunal DR509/08 Subdivision
(209),
09/02/2009, Subdivision
OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL
OCM 7 June 2000 – Council resolved to endorse ODP 139
OCM 14 June 2006 - Council resolved to endorse an amendment to ODP 139/A which
resulted in the adoption of ODP139/B.
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Ordinary Meeting of Council
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APPLICANT'S SUBMISSION
In relation to the comment of objection from the consultation period, the applicant has
advised:
“Whilst Investa acknowledges that the development will introduce additional
traffic to the existing road system, the proposal to modify the ODP results in
exactly the same lot yield as that previously approved and no additional
connections are proposed to the existing road network. There therefore should
be no increase in traffic or associated impacts generated by the proposed
modification in the subdivision layout”
In relation to the comment received from the Ellen Brockman Catchment Group, the
applicant has advised:
“As stated in the submission Investa has undertaken significant revegetation
work with the Management Group including in all of the areas in the estate
indicated on the attached plan. Investa has a very good relationship with the
Management Group and has an excellent reputation of environmental
revegetation and management as also demonstrated by its work in the Swan
River environs in Guildford.
It is a requirement of the Urban Water Management Plan (UWMP) for stormwater
to be treated for nutrient removal before it is discharged into the Ellen Brook and
this will continue to occur as part of the approved UWMP for the modified ODP
area.
Again Investa acknowledges the importance of water quality, the revegetation
works and the work undertaken with the Ellen Brockman Integrated Catchment
Group. This environmental awareness is why Investa has far exceeded its
obligations for weed eradication and revegetation on the property to date and
will continue to ensure that the development continues to enhance the water
ways and their environments.”
In relation to the comment received from the Swan River Trust, the applicant has
advised:
“The Trust’s support of the proposal to introduce a road interface with land to
the south of the site is acknowledged. An Urban Water Management Plan
(UWMP) is currently being prepared to address a condition of approval of the
current subdivision and this will also include requirements relating to the
proposed modifications to the ODP.”
In relation to the comment received from the Department of Indigenous Affairs, the
applicant has advised:
“The heritage significance of Ellen Brook is noted and no disturbance to the
Brook or its immediate environs is proposed. Investa has already undertaken
significant revegetation and weed eradication on the site which should enhance
the Brook and its tributary of Saw Pit Gully. Investa is also aware of its
obligations under The Aboriginal Heritage Act 1972.”
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Ordinary Meeting of Council
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PUBLIC CONSULTATION
The application was advertised in accordance with the provisions of LPS 17. During the
consultation period 1 objection was received and 2 comments of support were
received.
The objection was related to the perceived negative impacts from potential increases
in traffic in the Vines
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
•
Western Power – No Objection to the proposed modification to ODP 139/A.
•
Department of Environment and Conservation– No Objection to the proposed
modification to ODP 139/A.
•
Department of Planning – No Objection to the proposed modification to ODP
139/A.
•
Ellen Brockman Integrated Catchment Group Inc. – concerns over potential impact
from water runoff into Ellen Brook, effects on the areas or revegetation of the
location and concerns over construction of new road being within 30 metres of the
Ellen Brook.
•
Water Corporation – No Objection to the proposed modification to ODP 139/A.
•
Telstra – No Objection to the proposed modification to ODP 139/A.
•
Swan River Trust – “The trust supports this modification having regard to the
ongoing management, public access and landscape amenity of public foreshore
areas.”
•
Department of Defence – No Objection to the proposed modification to ODP 139/A.
•
Department of Indigenous Affairs – This comment provides advice on the
obligations under The Aboriginal Heritage Act 1972 that the applicant must have
consideration for.
•
Public Transport Authority of WA – No comment
REPORT
Traffic
The City’s Traffic Engineers have advised that the there are no concerns in regards to
the amended road layout.
Consultation
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Ordinary Meeting of Council
17 March 2010
It is considered that the applicant has adequately addressed the concerns that were
raised during the consultation process from the landowners and the professional
agencies outlined previously above.
Fire Management
The City’s Natural Environment Assets Manager has advised that there are no
concerns over the proposed amendment to ODP 139/A; the revised road layout will
provide the necessary fire separation from the adjacent Bush Forever site.
Lot Yield
The proposed modifications to ODP 139/A reflected in the modified ODP 139/B do not
alter the lot yield of the development that has already been endorsed by Council.
OPTIONS AND IMPLICATIONS
Option 1:
Council may resolve to approve the proposed modification to ODP 139 Lot 4 Railway Parade, Upper Swan as submitted.
Implications: Should the proposal be supported unconditionally by the City, the WAPC
may interpret that the City has no objections to the ODP as submitted.
Option 2:
Council may resolve to endorse the modification to ODP 139 subject to
conditions and advise the WA Planning Commission accordingly.
Implications: The applications will be forwarded to the WA Planning Commission for
final endorsement. Approval of the proposed developments will result in
the development of the subject land for residential purposes. The
proposed design and lot sizes are considered appropriate for the locality.
Option 3:
The Council may form the view that the proposed ODP is not in the
interests of proper and orderly planning and accordingly may exercise
discretion and resolve not to approve the modifications to ODP 139 and
forward that recommendation to the Western Australian Planning
Commission. This option is not supported.
Implications: The applicant has a right of appeal to the State Administrative Tribunal
within 28 days of the date of determination. In considering the ODP for
endorsement the WAPC may agree or disagree with Council’s decision.
The final determination rests with the WAPC.
Furthermore, the applicant, if aggrieved by the decision of the Council,
may exercise a right of appeal pursuant to clause 10.10 of Town
Planning Scheme No. 17 and in accordance with Planning and
Development Act 2005.
CONCLUSION
For clearance of the condition of subdivision, it is necessary for the site design to be
modified to comply with a Fire Management Plan. The proposed modifications are
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Ordinary Meeting of Council
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considered minor in nature and do not intensify the development or have any impacts
on the lot yield.
It is recommended that Council resolve to endorse the modified ODP 139 as proposed.
ATTACHMENTS
•
Location Plan;
•
Approved ODP 139;
•
Modified ODP 139.
STRATEGIC IMPLICATIONS
Nil
STATUTORY ENVIRONMENT
Local Planning Scheme No 17.
FINANCIAL IMPLICATIONS
Nil
RECOMMENDATION
That the Council resolve to
1)
Endorse the modified ODP 139/A in accordance with the plans date stamped
received 16 November 2009 to be designated as ODP 139/B.
2)
Forward the endorsed modified ODP 139/B to the Western Australian Planning
Commission for their endorsement.
3)
Advise those who lodge a submission of Council’s decision accordingly.
CARRIED
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Ordinary Meeting of Council
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