PERTH OFFICEP: +61 8 6336 9299F: +61 8 6336 9288E: [email protected] GOODWOOD PARADEBURSWOOD WA 6100P.O. BOX 134BURSWOOD WA 6100
City of Stirling3 Nov 2016RECEIVED
PERTH OFFICEP: +61 8 6336 9299F: +61 8 6336 9288E: [email protected] GOODWOOD PARADEBURSWOOD WA 6100P.O. BOX 134BURSWOOD WA 6100
City of Stirling3 Nov 2016RECEIVED
PERTH OFFICEP: +61 8 6336 9299F: +61 8 6336 9288E: [email protected] GOODWOOD PARADEBURSWOOD WA 6100P.O. BOX 134BURSWOOD WA 6100
City of Stirling3 Nov 2016RECEIVED
PERTH OFFICEP: +61 8 6336 9299F: +61 8 6336 9288E: [email protected] GOODWOOD PARADEBURSWOOD WA 6100P.O. BOX 134BURSWOOD WA 6100
City of Stirling3 Nov 2016RECEIVED
Form 2 - Responsible Authority Report (Regulation 17)
Property Location: Lot 604, House Number 114, Cedric Street,
Stirling Application Details: Mixed Use Commercial and Multiple Dwelling
Development DAP Name: Metro North-West JDAP Applicant: Greenhaven Property Pty Ltd Owner: Cedric Investments Pty Ltd LG Reference: DA16/2069 Responsible Authority: City of Stirling Authorising Officer: Ross Povey
Director Planning and Development Department of Planning File No: DAP/13/00723 Report Date: 22 November 2016 Application Receipt Date: 4 October 2016 Application Process Days: 50 Days Attachment(s): Attachment 1
Development Application Plans: a) Undercroft Car Park (SK02.01F) received
10 November 2016 b) Ground Floor (SK02.02F) received 10
November 2016 c) First Floor (SK02.03E) received 7
November 2016 d) Second Floor (SK02.04E) received 7
November 2016 e) Third Floor (SK02.05E) received 7
November 2016 f) Roof Plan (SK05.01E) received 7
November 2016 g) Elevations 01 (SK06.01E) received 7
November 2016 h) Elevations 02 (SK06.02E) received 7
November 2016 Attachment 2 Aerial Location Plan Attachment 3 Metropolitan Region Scheme (MRS) Zoning Attachment 4 City of Stirling Local Planning Scheme No. 3 (LPS3) Zoning Attachment 5 Applicant Submission received 4 October 2016 Attachment 6 Previous Approvals:
a) Original Determination Notice (Form 1) dated 24 July 2014
b) Extension of Time Determination Notice (Form 2) dated 13 July 2016
Attachment 7 Department of Environment Regulation response dated 9 November 2016
Officer Recommendation: That the Metro North-West JDAP resolves to: 1. Accept that the DAP Application reference DP/13/00723 as detailed on the
DAP Form 2 received 4 October 2016 is appropriate for consideration in accordance with regulation 17 of the Planning and Development (Development Assessment Panels) Regulations 2011;
2. Approve the DAP Application reference DP/13/00723 as detailed on the DAP
Form 2 received 4 October 2016 and accompanying plans (Attachment 1) in accordance with the provisions of the Local Planning Scheme No. 3, for the proposed minor amendments to the approved Mixed Use Development at Lot 604, House Number 114, Cedric Street, Stirling, subject to:
Amendments to Conditions Condition 2 of the original approval is to be deleted and conditions renumbered accordingly. Insert the following additional conditions: 17. The ramp down into the basement car park is to comply with Australian
Standard AS/NZS2890.1:2004 (sections 2.5.3 and 3.3), to the satisfaction of the City.
18. A total of 20 bicycle spaces are to be provided on-site, comprised of two (2) bicycle parking spaces for the commercial component, four (4) visitor spaces for residential component and 14 spaces for residents, located in accordance with the City of Stirling’s Local Planning Policy 6.2 – Bicycle Parking to the satisfaction of the City of Stirling, prior to the completion of the development.
Background:
Property Address: Lot 604, House Number 114, Cedric Street, Stirling
Zoning MRS: Urban TPS: Local Centre Use Class: Multiple Dwelling & Office Strategy Policy: Not applicable Development Scheme: Not applicable Lot Size: 2443m2 Existing Land Use: Vacant (Previously Service Station) Value of Development: $11 million
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A development application for a four (4) storey mixed use development was submitted to the City on 29 August 2013. The Metro North-West JDAP met on 12 December 2013 to consider the development application, at which time the following procedural motion was carried unanimously:
That Item 8.3 be deferred until the court resolves the issue of whether the application is in breach of the terms of the DEED, and the DAP is able to receive further advice with respect to the legal proceedings, the DEED and the implications for the development application.
The applicant subsequently sought a review of the deemed refusal of the development application by the State Administrative Tribunal. On 24 March 2014, the State Administrative Tribunal invited the JDAP to reconsider the matter at its meeting on 6 May 2014. The Metro North-West JDAP met on 6 May 2014 to consider the development application, at which time the following motion was carried unanimously:
That the Metro North-West Joint Development Assessment Panel, pursuant to section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR 12/ 2014, resolves to:
Refuse DAP Application reference DA13/1171 and accompanying plans (Attachment 1) for a Mixed Use Commercial and Multiple Dwelling Development in accordance with Clause 10.3.1 of the City of Stirling Local Planning Scheme No.3, for the following reason:
1. Reciprocal parking and access between the subject land and adjoining Lot 602 is necessary to give effect to the proposed development, and the JDAP is not satisfied that arrangements for reciprocal parking and access are capable of being implemented.
On 23 May 2014, the State Administrative Tribunal again invited the JDAP to reconsider the application at a future meeting and a Mediation Hearing was scheduled for 1 August 2014. On 24 July 2014, the Metro North-West Joint Development Assessment Panel (JDAP) resolved to approve the development under Clause 10.3 of the City’s Local Planning Scheme No. 3 (LPS 3) subject to conditions. A Form 2 application was submitted to the City on 19 May 2016 for an extension of the term of approval. The Metro North-West JDAP at its meeting on 13 July 2016 approved the application for an extension of the term of the original approval for a further two year period. Details: outline of development application The current development approval allows for the construction of a four storey mixed use development comprising nine (9) Offices, 44 Multiple Dwellings and associated car parking. This Form 2 application proposes the following minor modifications to the approved development: • Relocating the Western Power transformer from the Sanderling Street boundary
to the basement with the intention of providing a main pedestrian entry to
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Sanderling Street in future following a land purchase agreement with Western Power;
• Modification of the ground floor layout as a result of relocation of the Western Power transformer. This includes:
o A reduction in the number of ground floor tenancies from nine (9) offices to seven (7) offices;
o A reduction in the gross floor area of the ground floor office tenancies from 786m2 to 713m2;
o The relocation of the commercial amenities and bin store; and o The reconfiguration of the ground floor parking layout.
• Minor modifications to the configuration of the basement level layout to accommodate the new facilities;
• Amending the colours of the façade from predominately white with grey vertical stripes and a grey awning to neutral colours comprised of light brown face brickwork with a painted grey cladding on the upper level;
• A new roof terrace for residents on the third floor; • Reduction in the number of multiple dwellings from 44 dwellings to 41 dwellings
by replacing of six (6) one-bedroom dwellings with three (3) three-bedroom dwellings;
• Internal alterations to the corner dwellings on the first floor, second floor and third floor; and
• An increase in the total number of car parking bays from 92 bays to 93 bays. Legislation & policy: Legislation
• Planning and Development Act 2005 • Planning and Development (Local Planning Schemes) Regulations 2015 • Metropolitan Region Scheme (MRS) • Local Planning Scheme No. 3 (LPS3)
State Government Policies
• Residential Design Codes of Western Australia (R-Codes)
Consultation: Public Consultation
Public consultation was not required to be undertaken as part of the assessment of this application. Consultation with other Agencies or Consultants
The City referred the application to the Department of Environmental Regulation for comment (Attachment 7) which is discussed further below. Planning assessment: The development has been assessed against the City of Stirling’s Local Planning Scheme No. 3 (LPS3) and relevant local planning policies. It should be noted that while LPS3 provides guidance in respect to zoning and objectives of zones, the specific development standards are provided in relevant local planning policies.
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Given the number of Scheme elements and Local Planning Policies that are applicable to the proposed development, the planning assessment part of this report has been broken down into the following sections:
1. Schedule of Amendments 2. Car Parking 3. Referrals
1. Schedule of Amendments The table below outlines compliance with respect to the proposed amendments:
No. PROPOSED CHANGE
PLANNING IMPLICATIONS COMPLIES?
1. Relocating the Western Power transformer from the Sanderling Street boundary to the basement with the intention of providing a main pedestrian entry to Sanderling Street in future following a land purchase agreement with Western Power.
No planning implications. Any future modifications to the approved DAP application may require a Form 2 application under the current regulations.
Yes.
2. The reduction in the number of ground floor tenancies from nine (9) offices to seven (7) offices and reduction in the gross floor area of the ground floor office tenancies from 786m2 to 713m2.
The car parking assessment has been updated to reflect the altered gross floor areas of the office tenancies accordingly.
Yes. Refer to comment below.
3. The relocation of the commercial amenities and bin store as well as the reconfiguration of the ground floor parking layout.
The alterations to the internal areas have no planning implications.
Yes.
4. Minor modifications to the configuration of the basement level layout to accommodate the new facilities.
The design and layout of car parking areas have been assessed by the City’s engineers who advise that the proposal is supported subject to the ramp down to the car parking being compliant with the Australian Standards AS2890.1:2004 (sections 2.5.3 and 3.3). A condition has been recommended accordingly.
The assessment of bicycle parking bays has been altered as a result of
